Events of Default by Tenant. If (1) Tenant abandons or surrenders all or any part of the Premises prior to the expiration of the Term of the Lease or (2) Tenant fails to pay Rent or Additional Rent within five (5) days after notice from Landlord of delinquency, (3) Tenant fails to fulfill any of the terms or conditions of this Lease or any other lease heretofore made by Tenant for space in the Premises and the same is not cured within thirty (30) days after written notice thereof from Landlord, unless the same cannot be cured within said thirty (30) day period, in which case Tenant shall have such additional time as is reasonably necessary to cure such default, not to exceed ninety (90) days in any and all events, provided that Tenant commences such cure within said thirty (30) day period and thereafter diligently prosecutes the same to completion, or (4) the appointment of a trustee or a receiver to take possession of all or substantially all of Tenant’s assets occurs, or if the attachment, execution or other judicial seizure of all or substantially all of Tenant’s assets located at the Premises, or of Tenant’s interest in this Lease, occurs, and in the case of an involuntary appointment only, the same is not dismissed within ninety (90) days from said appointment, or (5) Tenant or any of its successors or assigns or any guarantor of this Lease (“Guarantor”) should file any voluntary petition in bankruptcy, reorganization or arrangement, or an assignment for the benefit of creditors or for similar relief under any present or future statute, law or regulation relating to relief of debtors, or (6) Tenant or any of its successors or assigns or any Guarantor should be adjudicated bankrupt or have an involuntary petition in bankruptcy, reorganization or arrangement filed against it and the same not be dismissed within ninety (90) days of the date of the filing thereof, or (7) Tenant shall permit, allow or suffer to exist any lien, judgment, writ, assessment, charge, attachment or execution upon Landlord’s or to the Premises, and/or the fixtures, improvements and furnishings located thereon, except as otherwise permitted herein; then, Tenant shall be in default hereunder.
Appears in 4 contracts
Samples: Lease (Radiation Therapy Services Holdings, Inc.), Lease (Radiation Therapy Services Inc), Lease (Radiation Therapy Services Holdings, Inc.)
Events of Default by Tenant. If (1) Tenant abandons or surrenders all or any part of the Premises prior to the expiration of the Term of the Lease or (2i) Tenant fails to pay any Rent on the date due (a “Monetary Default”); or Additional Rent within five (5ii) days after notice from Tenant fails to cure any other default, such as, but not limited to, the performance of any other covenant or agreement of this Lease, or any rules and regulations attached to this Lease, or promulgated by Landlord of delinquency, under this Lease (3a “Nonmonetary Default”); or (iii) Tenant fails to fulfill any of the material terms or conditions of this Lease or any other lease heretofore made by Tenant for space in following the Premises giving of applicable notice and the same is not cured within thirty (30) days after written notice thereof from Landlord, unless the same cannot be cured within said thirty (30) day period, in which case Tenant shall have such additional time as is reasonably necessary opportunity to cure such default, not to exceed ninety (90) days in any and all events, provided that Tenant commences such cure within said thirty (30) day period and thereafter diligently prosecutes the same to completion, or (4iv) the appointment of a trustee or a receiver to take possession of all or substantially all of Tenant’s assets occurs, or if the attachment, execution or other judicial seizure of all or substantially all of Tenant’s assets located at the Premises, or of Tenant’s interest in this Lease, occurs, and in the case of an involuntary appointment only, the same is not dismissed within ninety (90) days from said appointment, or (5v) Tenant or any of its successors or assigns or any guarantor surety of this Lease (“Guarantor”) Tenant’s obligations should file any voluntary petition in bankruptcy, reorganization or arrangement, or an assignment for the benefit of creditors or for similar relief under any present or future statute, law or regulation relating to relief of debtors, or (6vi) Tenant or any of its successors or assigns or any Guarantor should be adjudicated bankrupt or have an involuntary petition in bankruptcy, reorganization or arrangement filed against it and the same which is not be dismissed within ninety (90) days of the date of the filing thereofdays, or (7vii) Tenant shall permit, allow or suffer to exist any lien, judgment, writ, assessment, charge, attachment or execution upon Landlord’s or Tenant’s interest in this Lease or to the Premises, and/or the fixtures, and improvements and furnishings located thereonthereon and fails within thirty (30) days either to discharge the same or provide a bond transferring same, except as otherwise permitted herein; then, Tenant shall be in default hereunder, or (viii) the leasehold estate granted to Tenant by this Lease is taken on execution or other process of law or equity in any action against Tenant.
Appears in 4 contracts
Samples: Lease Agreement, Office Lease, Office Lease (Summit Financial Services Group Inc)
Events of Default by Tenant. If Following events are referred to, collectively, as “Events of Default” or, individually, as an “Event of Default”:
(1) Tenant abandons or surrenders all or any part of the Premises prior to the expiration of the Term of the Lease or (2a) Tenant fails to pay Rent or Additional Rent within when due, and such failure continues for five (5) business days after written notice from Landlord;
(b) Tenant breaches any of the other agreements, terms, covenants, or conditions that this Lease requires Tenant to perform, and such breach continues for a period of thirty (30) days after written notice from Landlord of delinquencyto Tenant or, if such breach cannot be cured reasonably within such thirty (330) day period, if Tenant fails to fulfill any of the terms or conditions of this Lease or any other lease heretofore made by Tenant for space in the Premises and the same is not cured diligently commence to cure such breach within thirty (30) days after written notice thereof from Landlord, unless the same cannot be cured Landlord and to complete such cure within said thirty (30) day period, in which case Tenant shall have such additional a reasonable time as is reasonably necessary to cure such defaultthereafter, not to exceed ninety an additional sixty (9060) days.
(c) This Lease or the Premises or any part of the Premises are taken upon execution or by other process of law directed against Tenant, or are taken upon or subject to any attachment by any creditor of Tenant or claimant against Tenant, and said attachment is not discharged or disposed of within sixty (60) days after its levy;
(d) Tenant files a petition in bankruptcy or insolvency or for reorganization or arrangement under the bankruptcy laws of the United States or under any and all events, provided that Tenant commences such cure within said thirty (30) day period and thereafter diligently prosecutes the same to completioninsolvency act of any state, or (4) admits the appointment material allegations of a trustee any such petition by answer or a receiver to take possession of all or substantially all of Tenant’s assets occursotherwise, or if the attachment, execution is dissolved or other judicial seizure of all or substantially all of Tenant’s assets located at the Premises, or of Tenant’s interest in this Lease, occurs, and in the case of an involuntary appointment only, the same is not dismissed within ninety (90) days from said appointment, or (5) Tenant or any of its successors or assigns or any guarantor of this Lease (“Guarantor”) should file any voluntary petition in bankruptcy, reorganization or arrangement, or makes an assignment for the benefit of creditors creditors;
(e) Involuntary proceedings under any such bankruptcy law or insolvency act or for similar relief under any present or future statute, law or regulation relating to relief the dissolution of debtorsTenant are instituted against Tenant, or a receiver or trustee is appointed for all or substantially all of the property of Tenant, and such proceeding is not dismissed or such receivership or trusteeship vacated within sixty (6) Tenant or any of its successors or assigns or any Guarantor should be adjudicated bankrupt or have an involuntary petition in bankruptcy, reorganization or arrangement filed against it and the same not be dismissed within ninety (9060) days of the date of the filing thereof, after such institution or appointment;
(7f) Tenant shall permitrepeatedly default in the timely payment of Rent or any other charges required to be paid, allow or suffer to exist shall repeatedly default in keeping, observing or performing any lienother covenant, judgmentagreement, writcondition or provision of this Lease, assessmentbeyond any applicable notice and cure periods, chargewhether or not Tenant ultimately cures any such payment or other default. For the purposes of this Article 25.1, attachment or execution upon Landlord’s or to the Premises, and/or the fixtures, improvements and furnishings located thereon, except as otherwise permitted herein; then, Tenant occurrence of similar defaults two (2) times during any Lease Year shall be in default hereunderconstitute a repeated default.
Appears in 3 contracts
Samples: Office Lease (Blue Water Acquisition Corp.), Office Lease (Clarus Therapeutics Inc), Office Lease (Clarus Therapeutics Inc)
Events of Default by Tenant. If (1) In the event of any failure of Tenant abandons to pay any rental or surrenders all other sums of money when due hereunder; or any part failure to observe or perform any other of the Premises prior terms, conditions or covenants of this Lease, including but not limited to the expiration of the Term of the Lease Building Rules, to be observed or (2) Tenant fails to pay Rent or Additional Rent within five (5) days after notice from Landlord of delinquency, (3) Tenant fails to fulfill any of the terms or conditions of this Lease or any other lease heretofore made performed by Tenant for space in the Premises and the same is not cured within thirty more than ten (3010) days after written notice thereof from Landlord, unless shall have been given to Tenant; or if the same cannot Tenant's leasehold interest shall be cured within said thirty (30) day period, in which case taken on execution or other process of law against Tenant; or if Tenant or an agent of Tenant shall have such additional time as is reasonably necessary falsify any report required to cure such default, not be furnished to exceed ninety (90) days in any and all events, provided that Landlord pursuant to the terms of this Lease; or if Tenant commences such cure within said thirty (30) day period and thereafter diligently prosecutes shall fail to accept the same to completionLeased Premises, or to promptly move into, take possession of, and operate its business on the Leased Premises when the Leased Premises are substantially complete; or if Tenant ceases to do business in or abandons any substantial portion of the Leased Premises; or if Tenant should at any time during the continuance of the Lease remove or attempt to remove the goods, furniture, effects, improvements and personal property brought thereon out of or from the Leased Premises (4) except in the ordinary course of business), without having paid in full all rent and other applicable charges which shall become due during the term of this Lease; or, if Tenant or any Guarantor of this Lease shall become bankrupt or insolvent, or file a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee or a receiver to take possession of all or substantially all a portion of Tenant’s assets occurs, 's or any Guarantor's property; or if a petition or answer proposing the attachment, execution or other judicial seizure adjudication of all or substantially all of Tenant’s assets located at the Premises, or of Tenant’s interest in this Lease, occurs, and in the case of an involuntary appointment only, the same is not dismissed within ninety (90) days from said appointment, or (5) Tenant or any of Guarantor as a bankrupt or its successors reorganization under any present or assigns future federal or state bankruptcy or similar law shall be filed in any court and such petition or answer shall not be discharged or denied within sixty (60) days after the filing thereof; or if Tenant or any guarantor of this Lease (“Guarantor”) should file any voluntary petition in bankruptcy, reorganization or arrangement, or Guarantor makes an assignment for the benefit of creditors creditors, or petitions for similar relief or enters into an arrangement, or suffers this Lease to be taken under any present or future statutewrit of execution, law or regulation relating to relief of debtorsthen, or (6) Tenant or in any of its successors or assigns or any Guarantor should be adjudicated bankrupt or have an involuntary petition in bankruptcy, reorganization or arrangement filed against it and the same not be dismissed within ninety (90) days of the date of the filing thereof, or (7) Tenant shall permit, allow or suffer to exist any lien, judgment, writ, assessment, charge, attachment or execution upon Landlord’s or to the Premises, and/or the fixtures, improvements and furnishings located thereon, except as otherwise permitted herein; thensuch events, Tenant shall be deemed in breach and default hereunderof this Lease and Landlord, in its discretion and at its election, and in addition to all other rights and remedies it may have in law or in equity, shall also be entitled to those rights and remedies enumerated below.
Appears in 2 contracts
Samples: Lease Agreement (Vision Bancshares Inc), Lease Agreement (Vision Bancshares Inc)
Events of Default by Tenant. If The following events shall be deemed to be events of default or a default (1as defined herein) by Tenant under this Lease:
(a) Tenant abandons or surrenders all or any part of the Premises prior to the expiration of the Term of the Lease or (2) Tenant fails shall fail to pay when due any Rent or Additional Rent within other sums payable by Tenant hereunder (or under any other lease or lease amendment now or hereafter executed by Tenant in connection with space in the Building) and such failure shall continue for five (5) days after Tenant’s receipt of written notice therefore from Landlord (provided that Landlord shall only be obligated to give Tenant written notice of any default for failure to pay Rent twice in any twelve (12) month period, and thereafter Tenant shall be deemed in default immediately after failure to make such payment without requirement of notice from Landlord).
(b) Tenant shall fail to comply with or observe any other provision of this Lease (or any other lease or lease amendment now or hereafter executed by Tenant in connection with space in the Building), and such breach shall continue for thirty (30) days after Tenant’s receipt of written notice from Landlord of delinquency, such breach (3) Tenant fails unless with respect to fulfill any of the terms or conditions of this Lease or any other lease heretofore made by Tenant for space in the Premises and the same is default which cannot be cured within thirty (30) days after written notice thereof from Landlorddue to causes beyond Tenant’s reasonable control, unless the same cannot be cured within said thirty (30) day periodTenant, in which case Tenant good faith, after receiving such notice, shall have such additional time as is reasonably commenced and thereafter shall continue diligently to perform all action necessary to cure such default, not to exceed ninety .
(90) days in any and all events, provided that Tenant commences such cure within said thirty (30) day period and thereafter diligently prosecutes the same to completion, or (4) the appointment of a trustee or a receiver to take possession of all or substantially all of Tenant’s assets occurs, or if the attachment, execution or other judicial seizure of all or substantially all of Tenant’s assets located at the Premises, or of Tenant’s interest in this Lease, occurs, and in the case of an involuntary appointment only, the same is not dismissed within ninety (90) days from said appointment, or (5c) Tenant or any of its successors or assigns or any guarantor of this Lease (“Guarantor”) should file any voluntary petition in bankruptcy, reorganization or arrangement, or Tenant’s obligations hereunder shall make an assignment for the benefit of creditors or for similar relief under any present or future statute, law or regulation relating to relief of debtors, or creditors.
(6d) Any petition shall be filed by Tenant or any guarantor of its successors Tenant’s obligations hereunder under any section or assigns chapter of the Bankruptcy Code, as amended, or under any similar law or statute of the United States or any Guarantor should State thereof; or Tenant or any guarantor of Tenant’s obligations shall be adjudicated adjudged bankrupt or have an involuntary petition insolvent in bankruptcy, reorganization proceedings filed thereunder.
(e) A receiver or arrangement filed against it and the same not Trustee shall be dismissed within ninety (90) days appointed for all or substantially all of the date assets of the filing thereof, Tenant or (7) Tenant shall permit, allow or suffer to exist any lien, judgment, writ, assessment, charge, attachment or execution upon Landlordguarantor of Tenant’s or to the Premises, and/or the fixtures, improvements and furnishings located thereon, except as otherwise permitted herein; then, Tenant shall be in default obligations hereunder.
(f) Upon transfer of assets by Tenant or Guarantor outside the ordinary course of business.
Appears in 2 contracts
Samples: Office Building Lease Agreement, Office Building Lease Agreement (Rackspace Inc)
Events of Default by Tenant. If It shall be an "Event of Default" under this Lease, if (1) Tenant abandons or surrenders all or any part of the Premises prior to the expiration of the Term of the Lease or (2i) Tenant fails to pay Fixed Rent or Additional Rent within five additional rent for more than ten (510) days days, after notice from Landlord thereof specifying such failure and that such failure may be an Event of delinquency, Default hereunder; (3ii) Tenant fails to fulfill any of the terms or conditions of this Lease or any perform its other lease heretofore made by Tenant non-monetary obligations hereunder for space in the Premises and the same is not cured within more than thirty (30) days after written notice thereof from Landlord, unless together with such additional time, if any, as is reasonably required to cure the same default if the default is of such a nature that it cannot reasonably be cured within said in thirty (30) day perioddays; or (iii) if Tenant makes any assignment for the benefit of creditors, in which case or files a petition under any bankruptcy or insolvency law; or (iv) if such a petition is filed against Tenant shall have such additional time as and is reasonably necessary to cure such default, not to exceed ninety (90) days in any and all events, provided that Tenant commences such cure dismissed within said thirty (30) day period and thereafter diligently prosecutes the same to completion, days; or (4v) the appointment of a trustee or if a receiver becomes entitled to take possession of all or substantially all of Tenant’s assets occurs, or if the attachment, execution or other judicial seizure of all or substantially all of Tenant’s assets located at the Premises, or of Tenant’s interest in this Lease, occurs, 's leasehold hereunder and in the case of an involuntary appointment only, the same it is not dismissed returned to Tenant within ninety (90) days from said appointment, days; or (5vi) Tenant such leasehold is taken on execution or other process of law in any of its successors or assigns or any guarantor of this Lease (“Guarantor”) should file any voluntary petition in bankruptcy, reorganization or arrangement, or an assignment for the benefit of creditors or for similar relief under any present or future statute, law or regulation relating to relief of debtors, or (6) Tenant or any of its successors or assigns or any Guarantor should be adjudicated bankrupt or have an involuntary petition in bankruptcy, reorganization or arrangement filed action against it and the same not be dismissed within ninety (90) days of the date of the filing thereof, or (7) Tenant shall permit, allow or suffer to exist any lien, judgment, writ, assessment, charge, attachment or execution upon Landlord’s or to the Premises, and/or the fixtures, improvements and furnishings located thereon, except as otherwise permitted hereinTenant; then, and in any such cases, Landlord and the agents and servants of Landlord may, in addition to and not in derogation of any remedies for any preceding breach of covenant, immediately or at any time thereafter while such default continues and without further notice, enter into and upon the Premises or any part thereof in the name of the whole or mail a notice of termination addressed to Tenant at the Premises and repossess the same as of Landlord's former estate and expel Tenant and those claiming through or under Tenant and remove its and their effects without being deemed guilty of any manner of trespass and without prejudice to any remedies which might otherwise be used for arrears of rent or prior breach of covenant, and upon such entry or mailing as aforesaid, this Lease shall terminate, but Tenant shall remain liable as hereinafter provided. After the occurrence of an Event of Default as aforesaid, Tenant hereby waives all statutory rights of redemption, if any to the extent such rights may be in default hereunderlawfully waived, and Landlord, without notice to Tenant, may store Tenant's effects and those of any person claiming through or under Tenant at the expense and risk of Tenant and, if Landlord so elects, may sell such effects at public auction or private sale and apply the net proceeds to the payment of all sums due to Landlord from Tenant, if any, and pay over the balance, if any, to Tenant.
Appears in 2 contracts
Samples: Lease Agreement (Rsa Security Inc/De/), Lease Agreement (Rsa Security Inc/De/)
Events of Default by Tenant. If The occurrence of any of the following shall constitute a material default and breach of this Lease by Tenant:
(1A) The failure by Tenant abandons to pay Base Rent or surrenders all or make any part other payment required to be made by Tenant hereunder as and when due.
(B) The abandonment of the Premises prior to by Tenant or the expiration vacation of the Term Premises by Tenant for fourteen (14) consecutive days (with or without the payment of the Lease or Rent).
(2C) The making by Tenant fails to pay Rent or Additional Rent within five (5) days after notice from Landlord of delinquency, (3) Tenant fails to fulfill any of the terms or conditions assignment of this Lease or any other lease heretofore made sublease of all or part of the Premises, except as expressly permitted under Article XIV of this Lease.
(D) The failure by Tenant to observe or perform any other provision of this Lease to be observed or performed by Tenant, other than those described in Sections 15.01(A), 15.01(B) or 15.01 (C) above, if such failure continues for space in the Premises and the same is not cured within thirty fifteen (3015) days after written notice thereof from Landlordby Landlord to Tenant; provided, unless however, that if the same nature of the default is such that it cannot be cured within said thirty the fifteen (3015) day period, in which case Tenant no default shall have such additional time as is reasonably necessary to cure such default, not to exceed ninety (90) days in any and all events, provided that exist if Tenant commences such cure the curing of the default within said thirty the fifteen (3015) day period and thereafter diligently prosecutes the same to completion.
(E) The making by Tenant or its Guarantor of any general assignment for the benefit of creditors, the filing by or against Tenant or its Guarantor of a petition under any federal or state bankruptcy or insolvency laws (4unless, in the case of a petition filed against Tenant or its Guarantor the same is dismissed within thirty (30) days after filing); the appointment of a trustee or a receiver to take possession of all or substantially all of Tenant’s assets occursat the Premises or Tenant’s interest in this Lease or the Premises, when possession is not restored to Tenant within thirty (30) days; or if the attachment, execution or other judicial seizure of all or substantially all of Tenant’s assets located at the Premises, Premises or of Tenant’s interest in this LeaseLease or the Premises, occurs, and in the case of an involuntary appointment only, the same if such seizure is not dismissed discharged within ninety thirty (9030) days from said appointmentdays.
(F) Any material misrepresentation herein, or (5) material misrepresentation or omission in any financial statements or other materials provided by Tenant or any of its successors Guarantor in connection with negotiating or assigns or any guarantor of entering into this Lease (“Guarantor”) should file or in connection with any voluntary petition in bankruptcy, reorganization or arrangement, or an assignment for the benefit of creditors or for similar relief Transfer under any present or future statute, law or regulation relating to relief of debtors, or (6) Tenant or any of its successors or assigns or any Guarantor should be adjudicated bankrupt or have an involuntary petition in bankruptcy, reorganization or arrangement filed against it and the same not be dismissed within ninety (90) days of the date of the filing thereof, or (7) Tenant shall permit, allow or suffer to exist any lien, judgment, writ, assessment, charge, attachment or execution upon Landlord’s or to the Premises, and/or the fixtures, improvements and furnishings located thereon, except as otherwise permitted herein; then, Tenant shall be in default hereunderSection 14.01.
Appears in 2 contracts
Samples: Office Lease (Barfresh Food Group Inc.), Office Lease (Derycz Scientific Inc)
Events of Default by Tenant. If (1) Tenant abandons Inclusive of any specified applicable notice and cure periods, the occurrence of any one or surrenders all or any part more of the Premises prior to the expiration following events shall constitute an “Event of the Term of the Lease or Default” hereunder by Tenant:
(2a) If Tenant fails to pay make any payment of Base Rent, Additional Rent, or any other payment required hereunder, as and when due, and such failure shall continue for a period of five (5) business days after written notice thereof from Landlord to Tenant, provided, however, Landlord need not give any such notice more than twice in any twelve (12) month period, and any further failure by Tenant within any such twelve (12) month period to make any payment of Base Rent, Additional Rent or Additional Rent any other sum payable by Tenant under this Lease within five (5) business days after its due date shall constitute an immediate Event of Default without any notice from Landlord;
(b) If Tenant shall abandon the Premises (whether or not the keys shall have been surrendered or the Base Rent and Additional Rent shall have been paid), it being agreed that mere vacation of the Premises shall not constitute an abandonment provided Tenant complies with the terms of Section 6.1.20 hereof);
(c) If Tenant shall fail to execute and deliver to Landlord an estoppel certificate pursuant to Section 10.10 below or a subordination and attornment agreement pursuant to Section 8.1 above, within the timeframes set forth therein;
(d) If Tenant shall fail to maintain any insurance required hereunder;
(e) If Tenant shall fail to restore the Security Deposit to its original amount or deliver a replacement Letter of delinquencyCredit as required under Section 4.3 above;
(f) If Tenant causes or suffers any release of Hazardous Materials in, on or about the Premises;
(g) If Tenant shall make a Transfer in violation of the provisions of Section 6.1.6 above, or if any event shall occur or any contingency shall arise whereby this Lease, or the term and estate thereby created, would (by operation of law or otherwise) devolve upon or pass to any person, firm or corporation other than Tenant, except as expressly permitted under Section 6.1.6;
(h) If Tenant fails to comply with the provisions of Article III or Section 6.1.3 above, and such failure shall continue for a period of three (3) days after written notice thereof from Landlord to Tenant; provided, however, an Event of Default shall occur hereunder without any obligation of Landlord to give any notice if (i) Tenant fails to fulfill comply with the provisions of Article III or Section 6.1.3 above, and (ii) Landlord has given Tenant written notice under this Section 9.1(h) on one (1) occasion during the twelve (12) month interval preceding such failure by Tenant;
(i) The failure by Tenant to observe or perform any of the terms covenants or conditions provisions of this Lease Agreement to be observed or any performed by Tenant, other lease heretofore made by Tenant than as specified above, and such failure continues for space in the Premises and the same is not cured within more than thirty (30) days after written notice thereof from Landlord; provided, unless further, that if the same cannot be cured within said nature of Tenant’s default is such that more than thirty (30) day perioddays are reasonably required for its cure, in which case then Tenant shall have such additional time as is reasonably necessary not be deemed to cure such default, not to exceed ninety (90) days be in any and all events, provided that default if Tenant commences shall commence such cure within said thirty (30) day period and thereafter diligently prosecutes the same prosecute such cure to completion, or (4) the appointment of a trustee or a receiver to take possession of all or substantially all of Tenant’s assets occurs, or if the attachment, execution or other judicial seizure of all or substantially all of Tenant’s assets located at the Premises, or of Tenant’s interest in this Lease, occurs, and in the case of an involuntary appointment only, the same is which completion shall occur not dismissed within later than ninety (90) days from said appointmentthe date of such notice from Landlord regardless of the reason for lack of completion;
(j) Tenant shall be involved in financial difficulties as evidenced by an admission in writing by Tenant of Tenant’s inability to pay its debts generally as they become due, or by the making or offering to make a composition of its debts with its creditors;
(5k) Tenant shall make an assignment or any trust mortgage, or other conveyance or transfer of like nature, of all or a substantial part of its successors or assigns or any guarantor of this Lease (“Guarantor”) should file any voluntary petition in bankruptcy, reorganization or arrangement, or an assignment property for the benefit of creditors its creditors,
(l) an attachment on mesne process, on execution or for similar relief under any present or future statute, law or regulation relating to relief of debtorsotherwise, or (6) other legal process shall issue against Tenant or its property and a sale of any of its successors assets shall be held thereunder;
(m) the leasehold hereby created shall be taken on execution or assigns by other process of law and shall not be revested in Tenant within thirty (30) days thereafter;
(n) a receiver, sequesterer, trustee or similar officer shall be appointed by a court of competent jurisdiction to take charge of all or any Guarantor should part of Tenant’s Property and such appointment shall not be adjudicated vacated within sixty (60) days; or
(o) any proceeding shall be instituted by or against Tenant pursuant to any of the provisions of any Act of Congress or State law relating to bankruptcy, reorganizations, arrangements, compositions or other relief from creditors, and, in the case of any proceeding instituted against it, if Tenant shall fail to have such proceedings dismissed within sixty (60) days or if Tenant is adjudged bankrupt or have an involuntary petition in bankruptcy, reorganization or arrangement filed against it and the same not be dismissed within ninety (90) days insolvent as a result of the date of the filing thereof, or (7) Tenant shall permit, allow or suffer to exist any lien, judgment, writ, assessment, charge, attachment or execution upon Landlord’s or to the Premises, and/or the fixtures, improvements and furnishings located thereon, except as otherwise permitted herein; then, Tenant shall be in default hereundersuch proceeding.
Appears in 2 contracts
Events of Default by Tenant. If (1) Tenant abandons or surrenders all or The occurrence of any part of the Premises prior to the expiration following shall constitute a material default and breach of the Term of the this Lease or by Tenant:
(2A) The failure by Tenant fails to pay Rent or Additional Rent within five (5) days after written notice from Landlord of delinquency, that such Rent is due.
(3B) Tenant fails to fulfill any The abandonment of the terms Premises by Tenant or conditions Tenant's failure to surrender the Premises in accordance with the requirements of Article XXI upon the termination or sooner expiration of the Lease.
(C) [Intentionally deleted]
(D) Any prohibited Transfer under this Lease.
(E) The failure by Tenant to furnish Landlord any subordination, non-disturbance and attornment agreement or estoppel certificate requested by Landlord within the time period prescribed herein.
(F) The failure by Tenant to observe or perform any other provision of this Lease or any other lease heretofore made if such failure continues for thirty (30) days after written notice thereof by Landlord to Tenant, provided that if such default cannot be cured within such thirty (30) day period, but Tenant for space in the Premises and the same is not cured commences such cure within thirty (30) days after written notice thereof from LandlordLandlord and diligently pursues such cure thereafter, unless the same cannot be cured within said thirty (30) day period, in which case then Tenant shall have a reasonable period to complete such additional time as is reasonably necessary to cure such defaultcure, not to exceed ninety (90) days days. The notice described herein shall be in lieu of, and not in addition to, any and all events, provided notice required by any law now or hereafter in effect requiring that Tenant commences such cure within said thirty notice of default be given prior to the commencement of an unlawful detainer or other legal proceeding.
(30G) day period and thereafter diligently prosecutes the same to completionThe making by Tenant, or if Tenant is a partnership or limited liability company, by any partner or member thereof, of any general assignment for the benefit of creditors, the filing by or against Tenant of a petition under any federal or state bankruptcy or insolvency laws which petition is not dismissed or stayed within sixty (460) days of filing; the appointment of a trustee or a receiver to take possession of all or substantially all of Tenant’s 's assets occurs, at the Premises or if Tenant's interest in this Lease or the Premises; the attachment, execution or other judicial seizure of all or substantially all of Tenant’s 's assets located at the Premises, Premises or of Tenant’s 's interest in this LeaseLease or the Premises; or the death or the dissolution of Tenant.
(H) Any material misrepresentation herein, occurs, or material misrepresentation or omission in any financial statements or other materials provided by Tenant in connection with negotiating or entering into this Lease or in connection with any Transfer under Article XIV.
(I) Any event of default beyond applicable notice and in cure periods under the case of an involuntary appointment onlyPurchase Agreement, the same is not dismissed within ninety (90) days from said appointmentKonarka ESA, the Short-Term Energy Services Agreement, or the O&M Agreement (5) Tenant and any replacement, amendment, or extension of any of its successors or assigns or any guarantor of this Lease (“Guarantor”) should file any voluntary petition in bankruptcy, reorganization or arrangement, or an assignment for the benefit of creditors or for similar relief under any present or future statute, law or regulation relating to relief of debtors, or (6) Tenant or any of its successors or assigns or any Guarantor should be adjudicated bankrupt or have an involuntary petition in bankruptcy, reorganization or arrangement filed against it and the same not be dismissed within ninety (90) days of the date of the filing thereof, or (7) Tenant shall permit, allow or suffer to exist any lien, judgment, writ, assessment, charge, attachment or execution upon Landlord’s or to the Premises, and/or the fixtures, improvements and furnishings located thereon, except as otherwise permitted herein; then, Tenant shall be in default hereunderforegoing agreements).
Appears in 2 contracts
Samples: Power Plant Operation and Development Lease With Purchase Option (Laidlaw Energy Group, Inc.), Power Plant Operation and Development Lease With Purchase Option (Laidlaw Energy Group, Inc.)
Events of Default by Tenant. If The occurrence of one or more of the following shall constitute an “Event of Default” under this Lease:
(1) Tenant abandons or surrenders all or any part of the Premises prior to the expiration of the Term of the Lease or Lease;
(2) Tenant fails to pay Rent or Additional Rent within five ten (510) days after written notice from Landlord of delinquency, ;
(3) Tenant fails to fulfill any of the terms or conditions of this Lease or any other lease heretofore made by Tenant for space in the Premises and the same is not cured within thirty (30) days after written notice thereof from Landlord, unless the same cannot be cured within said thirty (30) day period, in which case Tenant shall have such additional time as is reasonably necessary to cure such default, not to exceed ninety (90) days in any and all events, provided that Tenant commences such cure within said thirty (30) day period and thereafter diligently prosecutes the same to completion, or ;
(4) the The appointment of a trustee or a receiver to take possession of all or substantially all of Tenant’s assets occurs, or if the attachment, execution or other judicial seizure of all or substantially all of Tenant’s assets located at the Premises, or of Tenant’s interest in this Lease, occurs, and in the case of an involuntary appointment only, the same is not dismissed within ninety (90) days from said appointment, or ;
(5) Tenant or any of its successors or assigns or any guarantor of this Lease (“Guarantor”) should file any voluntary petition in bankruptcy, reorganization or arrangement, or an assignment for the benefit of creditors or for similar relief under any present or future statute, law or regulation relating to relief of debtors, or ; or
(6) Tenant or any of its successors or assigns or any Guarantor should be adjudicated bankrupt or have an involuntary petition in bankruptcy, reorganization or arrangement filed against it and the same not be dismissed within ninety (90) days of the date of the filing thereof, or (7) Tenant shall permit, allow or suffer to exist any lien, judgment, writ, assessment, charge, attachment or execution upon Landlord’s or to the Premises, and/or the fixtures, improvements and furnishings located thereon, except as otherwise permitted herein; then, Tenant shall be in default hereunder.
Appears in 2 contracts
Samples: Lease (Radiation Therapy Services Holdings, Inc.), Lease (Radiation Therapy Services Holdings, Inc.)
Events of Default by Tenant. If It shall be an Event of Default under this Lease, if (1) Tenant abandons or surrenders all or any part of the Premises prior to the expiration of the Term of the Lease or (2i) Tenant fails to pay Fixed Rent or Additional Rent within five additional rent for more than ten (510) days days, after notice from Landlord thereof specifying such failure and that such failure may be an Event of delinquency, Default hereunder; (3ii) Tenant fails to fulfill any of the terms or conditions of this Lease or any perform its other lease heretofore made by Tenant non-monetary obligations hereunder for space in the Premises and the same is not cured within more than thirty (30) days after written notice thereof from Landlord, unless together with such additional time, if any, as is reasonably required to cure the same default if the default is of such a nature that it cannot reasonably be cured within said in thirty (30) day period, in which case days; or (iii) if Tenant shall have such additional time as is reasonably necessary to cure such default, not to exceed ninety (90) days in makes any and all events, provided that Tenant commences such cure within said thirty (30) day period and thereafter diligently prosecutes assignment for the same to completionbenefit of creditors, or files a petition under any bankruptcy or insolvency law; or (4iv) the appointment of if such a trustee or a receiver to take possession of all or substantially all of Tenant’s assets occurs, or if the attachment, execution or other judicial seizure of all or substantially all of Tenant’s assets located at the Premises, or of Tenant’s interest in this Lease, occurs, petition is filed against Tenant and in the case of an involuntary appointment only, the same is not dismissed within sixty (60) days; or (v) if a receiver becomes entitled to Tenant's leasehold hereunder and it is not returned to Tenant within ninety (90) days from said appointment, days; or (5vi) Tenant such leasehold is taken on execution or other process of law in any of its successors or assigns or any guarantor of this Lease (“Guarantor”) should file any voluntary petition in bankruptcy, reorganization or arrangement, or an assignment for the benefit of creditors or for similar relief under any present or future statute, law or regulation relating to relief of debtors, or (6) Tenant or any of its successors or assigns or any Guarantor should be adjudicated bankrupt or have an involuntary petition in bankruptcy, reorganization or arrangement filed action against it and the same not be dismissed within ninety (90) days of the date of the filing thereof, or (7) Tenant shall permit, allow or suffer to exist any lien, judgment, writ, assessment, charge, attachment or execution upon Landlord’s or to the Premises, and/or the fixtures, improvements and furnishings located thereon, except as otherwise permitted hereinTenant; then, and in any such cases, Landlord and the agents and servants of Landlord may, in addition to and not in derogation of any remedies for any preceding breach of covenant, immediately or at any time thereafter while such default continues and without further notice, enter into and upon the Premises or any part thereof in the name of the whole or mail a notice of termination addressed to Tenant at the Premises and repossess the same as of Landlord's former estate and expel Tenant and those claiming through or under Tenant and remove its and their effects without being deemed guilty of any manner of trespass and without prejudice to any remedies which might otherwise be used for arrears of rent or prior breach of covenant, and upon such entry or mailing as aforesaid, this Lease shall terminate, but Tenant shall remain liable as hereinafter provided. After the occurrence of an Event of Default as aforesaid, Tenant hereby waives all statutory rights of redemption, if any to the extent such rights may be in default hereunderlawfully waived, and Landlord, without notice to Tenant, may store Tenant's effects and those of any person claiming through or under Tenant at the expense and risk of Tenant and, if Landlord so elects, may sell such effects at public auction or private sale and apply the net proceeds to the payment of all sums due to Landlord from Tenant, if any, and pay over the balance, if any, to Tenant.
Appears in 2 contracts
Samples: Lease Agreement (Unisphere Solutions Inc), Lease Agreement (Unisphere Networks Inc)
Events of Default by Tenant. If If
(1) Tenant abandons or surrenders all or any part of the Premises prior to the expiration of the Term of the Lease or Lease;
(2) Tenant fails to pay Rent or Additional Rent within five (5) days after receipt of written notice from Landlord of delinquency, ;
(3) Tenant fails to fulfill any of the terms or conditions of this Lease or any other lease heretofore made by Tenant for space in the Premises and the same is not cured within thirty (30) days after written notice thereof from Landlord, unless the same cannot be cured within said thirty (30) day period, in which case Tenant shall have such additional time as is reasonably necessary to cure such default, not to exceed ninety (90) days in any and all events, provided that Tenant commences such cure within said thirty (30) day period and thereafter diligently prosecutes the same to completion, or ;
(4) the appointment of a trustee or a receiver to take possession of all or substantially all of Tenant’s assets occurs, or if the attachment, execution or other judicial seizure of all or substantially all of Tenant’s assets located at the Premises, or of Tenant’s interest in this Lease, occurs, and in the case of an involuntary appointment only, the same is not dismissed within ninety (90) days from said appointment, or ;
(5) Tenant or any of its successors or assigns or any guarantor of this Lease (“Guarantor”) should file any voluntary petition in bankruptcy, reorganization or arrangement, or an assignment for the benefit of creditors or for similar relief under any present or future statute, law or regulation relating to relief of debtors, or ;
(6) Tenant or any of its successors or assigns or any Guarantor should be adjudicated bankrupt or have an involuntary petition in bankruptcy, reorganization or arrangement filed against it and the same not be dismissed within ninety (90) days of the date of the filing thereof, or ; or
(7) Tenant shall permit, allow or suffer to exist beyond ten (10) business days any lien, judgment, writ, assessment, charge, attachment or execution upon Landlord’s interest in the Land or any other property of Landlord’s or to the Premises, and/or the fixtures, improvements and furnishings located thereon, except as otherwise permitted herein; then, Tenant shall be in default hereunder.
Appears in 2 contracts
Samples: Lease (Radiation Therapy Services Holdings, Inc.), Lease (Radiation Therapy Services Holdings, Inc.)
Events of Default by Tenant. If (1) Tenant abandons or surrenders all or any part Subject to the cure periods set forth in Section 20.6, each of the Premises prior following events shall be deemed to the expiration constitute an "EVENT OF DEFAULT" hereunder by Tenant and shall constitute a breach of the Term of the Lease or this Lease:
(2i) If Tenant fails shall fail to pay when due any Rent or Additional Rent within five other payment of money to be made by Tenant hereunder; or
(5ii) days after notice from Landlord of delinquencyIf Tenant shall violate or breach, (3) Tenant fails or shall fail fully and completely to fulfill observe, keep, satisfy, perform and comply with, any of the terms agreement, term, covenant, condition, requirement, restriction or conditions provisions of this Lease (other than the payment of Rent or any other lease heretofore payment to be made by Tenant); or
(iii) If Tenant for space becomes insolvent, as defined in the Premises and the same is not cured within thirty Federal Bankruptcy Code, Xxxxxxx 00, Xxxxxxx 000, Xxxxxxxxx (3000)(X), (X) days after written notice thereof from Landlord, unless the same cannot be cured within said thirty or (30C) day period, in which case Tenant shall have such additional time (as is reasonably necessary if Paragraph (C) applied to cure such default, not to exceed ninety (90) days in any and all events, provided that Tenant commences such cure within said thirty (30) day period and thereafter diligently prosecutes the same to completiontypes of entities), or (4) makes an assignment for the benefit of creditors; or if any action is brought by Tenant seeking its dissolution or the liquidation of its assets or seeking the appointment of a trustee trustee, interim trustee, receiver or other custodian for any of its property; or if Tenant commences a receiver voluntary proceeding under the Federal Bankruptcy Code; or if any reorganization or arrangement proceeding is instituted by Tenant for the settlement, readjustment, composition or extension of any of its debts upon any terms; or if any action or petition is otherwise brought by Tenant seeking similar relief or alleging that it is insolvent or unable to take possession pay its debts as they mature; or if any action is brought against Tenant seeking its dissolution or liquidation of all or substantially all any of Tenant’s assets occursits assets, or if seeking the attachmentappointment of a trustee, execution interim trustee, receiver or other judicial seizure custodian for any of all or substantially all of Tenant’s assets located at the Premises, or of Tenant’s interest in this Lease, occursits property, and any such action is consented to or acquiesced in the case of an involuntary appointment only, the same by Tenant or is not dismissed within ninety (90) days from said appointment, after the date upon which it was instituted; or (5) if any proceeding under the Federal Bankruptcy Code is instituted against Tenant and an order for relief is entered in such proceeding or such proceeding is consented to or acquiesced in by Tenant or any of its successors or assigns or any guarantor of this Lease (“Guarantor”) should file any voluntary petition in bankruptcy, reorganization or arrangement, or an assignment for the benefit of creditors or for similar relief under any present or future statute, law or regulation relating to relief of debtors, or (6) Tenant or any of its successors or assigns or any Guarantor should be adjudicated bankrupt or have an involuntary petition in bankruptcy, reorganization or arrangement filed against it and the same is not be dismissed within ninety (90) days after the date upon which it was instituted; or if any reorganization or arrangement proceeding is instituted against Tenant for the settlement, readjustment, composition or extension of any of its debts upon any terms, and such proceeding is consented to or acquiesced in by Tenant or is not dismissed within ninety (90) days after the date upon which it was instituted; or if any action or petition is otherwise brought against Tenant seeking similar relief or alleging that it is insolvent, unable to pay its debts as they mature or generally not paying its debts as they become due, and such action or petition is consented to or acquiesced in by Tenant or is not dismissed within ninety (90) days after the date upon which it was brought; or
(iv) If any assignment or other Transfer of Tenant's interest in this Lease, or the Premises, the Improvements and/or the Furnishings other than as may be expressly permitted under this Lease shall be made or deemed to be made without Landlord's consent, which consent may be withheld or granted in Landlord's sole discretion; or
(v) If the Premises are used or permitted to be used for any purpose, or for the conduct of any activity, not permitted by this Lease, and such use or activity shall not have been discontinued within five (5) days after the receipt of Landlord's written notice thereof to Tenant; or
(vi) If Tenant shall vacate, abandon or close the Premises or cease operating during the full operating hours required hereunder; or
(vii) If Tenant shall fail to comply with any Project Requirements, or any Operating Conditions, Rules or Regulations attached hereto as Exhibit F, or thereafter promulgated by Landlord with respect to the Premises and such default is not cured within * days after receipt of notice thereof; provided, however, if such default cannot reasonably be cured within a * day period, it shall not be deemed a default hereunder if Tenant immediately and diligently commences and prosecutes such cure to completion, which, in any event, shall be completed within 30 days after receipt of notice thereof; or
(viii) If any license, permit, certificate or agreement required for the operation of the date Premises shall fail to issue on or before the Commencement Date, or thereafter shall be terminated, revoked or not renewed and is not reinstated within * days thereafter; provided, however, if such default cannot reasonably be cured within a * day period, it shall not be deemed a default hereunder if Tenant immediately and diligently commences and prosecutes such cure to completion, which, in any event, shall be completed within 30 days after receipt of the filing notice thereof; or
(ix) If (a) any final judgment is entered in any litigation against Tenant or any of Tenant's Affiliates, or (7b) any settlement of any litigation is entered into by any of the foregoing, which judgment or settlement materially and adversely affects Tenant's ability to perform any of its respective obligations hereunder (or would result in Tenant shall permitbeing in default hereunder); or
(x) Any final judgment in any litigation is rendered against any of Tenant and/or any of Tenant's Affiliates holding that any of the foregoing have breached or infringed on any contract, allow license, trademark or suffer to exist any lienother rights of third parties, judgmentin connection with the names, writlogos, assessment, charge, attachment Merchandise or execution upon Landlord’s or to concepts employed in the design and/or operation of the Premises, or if Tenant and/or any of Tenant's Affiliates consent to the fixturessettlement of any litigation involving any of the foregoing claims by agreeing to materially limit, improvements and furnishings located thereondiminish or change the design, except as otherwise permitted hereinnames, logos, Merchandise or concepts employed in the design and/or operation of the Premises; then, or
(xi) If Tenant shall fail to comply with any of the terms, covenants and/or conditions of this Lease, the breach of which are expressly provided in this Lease as being events of default. For the purposes of the events of default specified above, the word "TENANT" shall specifically include, without limitation: (i) any party comprising Tenant, should more than one person or entity execute this Lease as Tenant; (ii) any person or entity now or hereafter liable, whether primarily, secondarily or contingently, for the performance of the duties and obligations of Tenant under this Lease including without limitation any principal, maker, endorser, guarantor or surety; (iii) if Tenant or any party comprising Tenant be in default hereundera general partnership or a limited partnership, any general partner thereof; (iv) if Tenant or any party comprising Tenant be a joint venture, any joint venturer thereof; and (v) if Tenant or any party comprising Tenant be a corporation, any officer, director or shareholder thereof. * - Redacted Text - Confidential treatment requested; omitted portions have been filed separately with the Securities and Exchange Commission.
Appears in 2 contracts
Samples: Lease Agreement (Build a Bear Workshop Inc), Lease Agreement (Build a Bear Workshop Inc)
Events of Default by Tenant. If If
(1) Tenant abandons or surrenders all or any part of the Premises prior to the expiration of the Term of the Lease or Lease;
(2) Tenant fails to pay Rent or Additional Rent within five ten (510) days after written notice from Landlord of delinquency, ;
(3) Tenant fails to fulfill any of the terms or conditions of this Lease or any other lease heretofore made by Tenant for space in the Premises and the same is not cured within thirty (30) days after written notice thereof from Landlord, unless the same cannot be cured within said thirty (30) day period, in which case Tenant shall have such additional time as is reasonably necessary to cure such default, not to exceed ninety (90) days in any and all events, provided that Tenant commences such cure within said thirty (30) day period and thereafter diligently prosecutes the same to completion, or ;
(4) the appointment of a trustee or a receiver to take possession of all or substantially all of Tenant’s assets occurs, or if the attachment, execution or other judicial seizure of all or substantially all of Tenant’s assets located at the Premises, or of Tenant’s interest in this Lease, occurs, and in the case of an involuntary appointment only, the same is not dismissed within ninety (90) days from said appointment, or ;
(5) Tenant or any of its successors or assigns or any guarantor of this Lease (“Guarantor”) should file any voluntary petition in bankruptcy, reorganization or arrangement, or an assignment for the benefit of creditors or for similar relief under any present or future statute, law or regulation relating to relief of debtors, or ;
(6) Tenant or any of its successors or assigns or any Guarantor should be adjudicated bankrupt or have an involuntary petition in bankruptcy, reorganization or arrangement filed against it and the same not be dismissed within ninety (90) days of the date of the filing thereof, or ; or
(7) Tenant shall permit, allow or suffer to exist any lien, judgment, writ, assessment, charge, attachment or execution upon Landlord’s the Premises or to the Premisesany portion thereof, and/or the fixtures, improvements and furnishings located thereon, except as otherwise permitted herein; then, Tenant shall be in default hereunder.
Appears in 2 contracts
Samples: Lease (Radiation Therapy Services Holdings, Inc.), Lease (Radiation Therapy Services Holdings, Inc.)
Events of Default by Tenant. If (1) In the event of any failure of Tenant abandons to pay any rental or surrenders all other sums of money when due hereunder; or any part failure to observe or perform any other of the Premises prior terms, conditions or covenants of this Lease, including but not limited to the expiration of the Term of the Lease Building Rules, to be observed or (2) Tenant fails to pay Rent or Additional Rent within five (5) days after notice from Landlord of delinquency, (3) Tenant fails to fulfill any of the terms or conditions of this Lease or any other lease heretofore made performed by Tenant for space in the Premises and the same is not cured within thirty more than twenty (3020) days after written notice thereof from Landlord, unless shall have been given to Tenant; or if the same cannot Tenant’s leasehold interest shall be cured within said thirty (30) day period, in which case taken on execution or other process of law against Tenant; or if Tenant or an agent of Tenant shall have such additional time as is reasonably necessary falsify any report required to cure such default, not be furnished to exceed ninety (90) days in any and all events, provided that Landlord pursuant to the terms of this Lease; or if Tenant commences such cure within said thirty (30) day period and thereafter diligently prosecutes shall fail to accept the same to completionLeased Premises, or to promptly move into, take possession of, and operate its business on the Leased Premises when the Leased Premises are substantially complete; or if Tenant ceases to do business in or abandons any substantial portion of the Leased Premises; or if Tenant should at any time during the continuance of the Lease remove or attempt to remove the goods, furniture, effects, improvements and personal property brought thereon out of or from the Leased Premises (4) except in the ordinary course of business), without having paid in full all rent and other applicable charges which shall become due during the term of this Lease; or, if Tenant or any Guarantor of this Lease shall become bankrupt or insolvent, or file a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee or a receiver to take possession of all or substantially all a portion of Tenant’s assets occurs, or any Guarantor’s property; or if a petition or answer proposing the attachment, execution or other judicial seizure adjudication of all or substantially all of Tenant’s assets located at the Premises, or of Tenant’s interest in this Lease, occurs, and in the case of an involuntary appointment only, the same is not dismissed within ninety (90) days from said appointment, or (5) Tenant or any of Guarantor as a bankrupt or its successors reorganization under any present or assigns future federal or state bankruptcy or similar law shall be filed in any court and such petition or answer shall not be discharged or denied within sixty (60) days after the filing thereof; or if Tenant or any guarantor of this Lease (“Guarantor”) should file any voluntary petition in bankruptcy, reorganization or arrangement, or Guarantor makes an assignment for the benefit of creditors creditors, or petitions for similar relief or enters into an arrangement, or suffers this Lease to be taken under any present or future statutewrit of execution, law or regulation relating to relief of debtorsthen, or (6) Tenant or in any of its successors or assigns or any Guarantor should be adjudicated bankrupt or have an involuntary petition in bankruptcy, reorganization or arrangement filed against it and the same not be dismissed within ninety (90) days of the date of the filing thereof, or (7) Tenant shall permit, allow or suffer to exist any lien, judgment, writ, assessment, charge, attachment or execution upon Landlord’s or to the Premises, and/or the fixtures, improvements and furnishings located thereon, except as otherwise permitted herein; thensuch events, Tenant shall be deemed in breach and default hereunderof this Lease and Landlord, in its discretion and at its election, and in addition to all other rights and remedies it may have in law or in equity, shall also be entitled to those rights and remedies enumerated below.
Appears in 2 contracts
Samples: Lease Agreement (Vision Bancshares Inc), Lease Agreement (Vision Bancshares Inc)
Events of Default by Tenant. If The following events (1individually, an “Event of Default,” and collectively, “Events of Default”) constitute defaults under this Lease:
(a) Failure of Tenant abandons or surrenders all to pay when due (i) an installment of the Rent or any part of the Premises prior other amount payable to the expiration of the Term of the Lease Landlord hereunder; or (2ii) any other monetary obligation or covenant of Tenant fails to pay Rent or Additional Rent under this Lease (including, without limitation, insurance premiums owing for insurance required of Tenant hereunder), which failure is not cured within five (5) business days after notice from Landlord of delinquency, (3) Tenant fails to fulfill any of the terms or conditions of this Lease or any other lease heretofore made by Tenant for space in the Premises and the same is not cured within thirty (30) days after written notice thereof from Landlord;
(b) Failure of Tenant to comply with any non-monetary term, unless condition or covenant of this Lease, which failure is not cured within fifteen (15) business days of written notice thereof from Landlord; provided, however, that in the same event that such default cannot be reasonably cured within said thirty such fifteen (3015) business day period, in which case Tenant shall have such additional time not be deemed in default hereunder so long as is reasonably necessary Tenant begins efforts to cure the default within such default, not to exceed ninety (90) days in any and all events, provided that Tenant commences such cure within said thirty (30) day period and thereafter diligently prosecutes the same cure of the default to completioncompletion within sixty (60) calendar days of Landlord’s written notice of default; Notwithstanding the foregoing to the contrary, in the event that Tenant fails to comply with any provision of Section 5.03(e), it shall be an event of default if Tenant fails to cure such breach by the earlier of (i) fifteen (15) business days following written notice of breach from Landlord, or (4ii) three business days prior to the appointment deadline for cure of any breach of applicable law imposed by any governmental entity having jurisdiction over hazardous materials in the Premises.
(c) Insolvency of, or the making of a trustee transfer in fraud of creditors or a receiver to take possession of all or substantially all of Tenant’s assets occurs, or if the attachment, execution or other judicial seizure of all or substantially all of Tenant’s assets located at the Premises, or of Tenant’s interest in this Lease, occurs, and in the case of an involuntary appointment only, the same is not dismissed within ninety (90) days from said appointment, or (5) Tenant or any of its successors or assigns or any guarantor of this Lease (“Guarantor”) should file any voluntary petition in bankruptcy, reorganization or arrangement, or an general assignment for the benefit of creditors by, Tenant or a Guarantor of Tenant’s obligations under this Lease;
(d) Filing of a petition under any section or chapter of the United States Bankruptcy Code, as amended, or under any similar law or statute of the United States or any State thereof, by Tenant or by a Guarantor of Tenant’s obligations under this Lease, or entry of an order for relief in a bankruptcy proceeding, against Tenant or a Guarantor;
(e) Appointment of a receiver, trustee or liquidator of Tenant or of a Guarantor or for similar relief under any present all or future statute, law or regulation relating to relief substantially all of debtors, or (6) the assets of Tenant or of a Guarantor of Tenant’s obligations under this Lease; and
(f) So long as prior to Tenant’s abandonment or cessation of use of any substantial portion of its successors or assigns or any Guarantor should be adjudicated bankrupt or have an involuntary petition in bankruptcy, reorganization or arrangement filed against it and the same not be dismissed within ninety (90) days of the date of the filing thereof, or (7) Tenant shall permit, allow or suffer to exist any lien, judgment, writ, assessment, charge, attachment or execution upon Landlord’s or to the Premises, and/or Tenant has removed all animals from the fixtures, improvements vivarium and furnishings located thereon, except as otherwise permitted herein; thencleaned the vivarium area, Tenant shall not be in default hereunderhereunder so long as it continues to pay Rent when due hereunder and perform the other covenants of this Lease.
Appears in 2 contracts
Samples: Lease Agreement (Peloton Therapeutics, Inc.), Lease Agreement (Peloton Therapeutics, Inc.)
Events of Default by Tenant. If The occurrence of any of the following shall constitute a material default and breach of this Lease by Tenant:
(1A) The failure by Tenant abandons to pay Base Rent or surrenders all or make any part other payment required to be made by Tenant hereunder as and when due.
(B) The abandonment of the Premises prior to by Tenant or the expiration vacation of the Term Premises by Tenant for fourteen (14) consecutive days (with or without the payment of the Lease or Rent).
(2C) The making by Tenant fails to pay Rent or Additional Rent within five (5) days after notice from Landlord of delinquency, (3) Tenant fails to fulfill any of the terms or conditions assignment of this Lease or any other lease heretofore made sublease of all or part of the Premises, except as expressly permitted under Article XIV of this Lease.
(D) The failure by Tenant to observe or perform any other provision of this Lease to be observed or performed by Tenant, other than those described in Sections 15.01(A), 15.01(B) or 15.01 (C) above, if such failure continues for space in the Premises and the same is not cured within thirty ten (3010) days after written notice thereof from Landlordby Landlord to Tenant; provided, unless however, that if the same nature of the default is such that it cannot be cured within said thirty the ten (3010) day period, in which case Tenant no default shall have such additional time as is reasonably necessary to cure such default, not to exceed ninety (90) days in any and all events, provided that exist if Tenant commences such cure the curing of the default within said thirty the ten (3010) day period and thereafter diligently prosecutes the same to completion. The ten (10) day notice described herein shall be in lieu of, and not in addition to, any notice required under Section 1161 of the California Civil Code of Procedure or any other law now or hereafter in effect requiring that notice of default be given prior to the commencement of an unlawful detainer or other legal proceeding.
(4E) The making by Tenant or its Guarantor of any general assignment for the benefit of creditors, the filing by or against Tenant or its Guarantor of a petition under any federal or state bankruptcy or insolvency laws (unless, in the case of a petition filed against Tenant or its Guarantor the same is dismissed within thirty (30) days after filing); the appointment of a trustee or a receiver to take possession of all or substantially all of Tenant’s 's assets occursat the Premises or Tenant's interest in this Lease or the Premises, when possession is not restored to Tenant within thirty (30) days; or if the attachment, execution or other judicial seizure of all or substantially all of Tenant’s 's assets located at the Premises, Premises or of Tenant’s 's interest in this LeaseLease or the Premises, occurs, and in the case of an involuntary appointment only, the same if such seizure is not dismissed discharged within ninety thirty (9030) days from said appointmentdays.
(F) Any material misrepresentation herein, or (5) material misrepresentation or omission in any financial statements or other materials provided by Tenant or any of its successors Guarantor in connection with negotiating or assigns or any guarantor of entering into this Lease (“Guarantor”) should file or in connection with any voluntary petition in bankruptcy, reorganization or arrangement, or an assignment for the benefit of creditors or for similar relief Transfer under any present or future statute, law or regulation relating to relief of debtors, or (6) Tenant or any of its successors or assigns or any Guarantor should be adjudicated bankrupt or have an involuntary petition in bankruptcy, reorganization or arrangement filed against it and the same not be dismissed within ninety (90) days of the date of the filing thereof, or (7) Tenant shall permit, allow or suffer to exist any lien, judgment, writ, assessment, charge, attachment or execution upon Landlord’s or to the Premises, and/or the fixtures, improvements and furnishings located thereon, except as otherwise permitted herein; then, Tenant shall be in default hereunderSection 14.01.
Appears in 2 contracts
Samples: Commercial Lease (Powersource Corp), Commercial Lease (Powersource Corp)
Events of Default by Tenant. If The occurrence of any of the following shall constitute a material default and breach of this Lease by Tenant:
(1A) The failure by Tenant abandons to pay Base Rent or surrenders all or make any part other payment required to be made by Tenant hereunder as and when due.
(B) The abandonment of the Premises prior to by Tenant or the expiration vacation of the Term Premises by Tenant for fourteen (14) consecutive days (without the payment of the Lease Rent).
(C) The failure by Tenant to observe or (2) Tenant fails to pay Rent or Additional Rent within five (5) days after notice from Landlord of delinquency, (3) Tenant fails to fulfill perform any of the terms or conditions other provision of this Lease to be observed or any performed by Tenant, other lease heretofore made by Tenant than those described in Sections 15.01(A) and 15.01(B) above, if such failure continues for space in the Premises and the same is not cured within thirty ten (3010) days after written notice thereof from Landlordby Landlord to Tenant; provided, unless however, that if the same nature of the default is such that it cannot be cured within said thirty the ten (3010) day period, in which case Tenant no default shall have such additional time as is reasonably necessary to cure such default, not to exceed ninety (90) days in any and all events, provided that exist if Tenant commences such cure the curing of the default within said thirty the ten (3010) day period and thereafter diligently prosecutes the same to completion. The ten (10) day notice described herein shall be in lieu of, and not in addition to, any notice required under law now or hereafter in effect requiring that notice of default be given prior to the commencement of an unlawful detainer or other legal proceeding.
(4D) The making by Tenant or its Guarantor of any general assignment for the benefit of creditors, the filing by or against Tenant or its Guarantor of a petition under any federal or state bankruptcy or insolvency laws (unless, in the case of a petition filed against Tenant or its Guarantor the same is dismissed within thirty (30) days after filing); the appointment of a trustee or a receiver to take possession of all or substantially all of Tenant’s 's assets occursat the Premises or Tenant's interest in this Lease or the Premises, when possession is not restored to Tenant within thirty (30) days; or if the attachment, execution or other judicial seizure of all or substantially all of Tenant’s 's assets located at the Premises, Premises or of Tenant’s 's interest in this LeaseLease or the Premises, occurs, and in the case of an involuntary appointment only, the same if such seizure is not dismissed discharged within ninety thirty (9030) days from said appointmentdays.
(E) Any material misrepresentation herein, or (5) material misrepresentation or omission in any financial statements or other materials provided by Tenant or any of its successors Guarantor in connection with negotiating or assigns or any guarantor of entering into this Lease (“Guarantor”) should file or in connection with any voluntary petition in bankruptcy, reorganization or arrangement, or an assignment for the benefit of creditors or for similar relief Transfer under any present or future statute, law or regulation relating to relief of debtors, or (6) Tenant or any of its successors or assigns or any Guarantor should be adjudicated bankrupt or have an involuntary petition in bankruptcy, reorganization or arrangement filed against it and the same not be dismissed within ninety (90) days of the date of the filing thereof, or (7) Tenant shall permit, allow or suffer to exist any lien, judgment, writ, assessment, charge, attachment or execution upon Landlord’s or to the Premises, and/or the fixtures, improvements and furnishings located thereon, except as otherwise permitted herein; then, Tenant shall be in default hereunderSection 14.01.
Appears in 2 contracts
Samples: Office Lease (Treaty Oak Bancorp Inc), Office Lease (Treaty Oak Bancorp Inc)
Events of Default by Tenant. If The happening of anyone or more of the following listed events (1“Tenant Events of Default”) shall constitute a breach of this Lease by Tenant:
(a) The failure of Tenant abandons or surrenders all to pay any rent or any part other sum of the Premises prior to the expiration money when due and where such failure shall continue for a period of the Term of the Lease or ten (2) Tenant fails to pay Rent or Additional Rent within five (510) days after Landlord has given Tenant written notice from Landlord of delinquencysuch failure;
(b) Except for the payment of rent and other sums of money hereunder, (3) Tenant fails to fulfill any the failure of the terms or conditions of this Lease or any other lease heretofore made by Tenant for space in the Premises and the same is not cured Tenant, within thirty (30) days after receipt of written notice thereof from Landlord, unless the same to comply with any provision of this Lease; provided, however, if such failure to comply cannot be cured within said such thirty (30) day period, in which case Tenant shall have not be in default so long as Tenant is diligently working towards remedying such additional time as is reasonably necessary to cure such default, not to exceed ninety failure;
(90c) days The taking of the leasehold on execution or other process of law in any and all events, provided that action against Tenant;
(d) If the Tenant commences such cure within said thirty shall (30i) day period and thereafter diligently prosecutes the same apply for or consent to completion, or (4) the appointment of a receiver, trustee or a receiver to take possession liquidator of the Tenant or of all or substantially all of Tenant’s assets occurs, or if the attachment, execution or other judicial seizure of all or substantially all of Tenant’s assets located at the Premises, or of Tenant’s interest in this Lease, occurs, and in the case of an involuntary appointment only, the same is not dismissed within ninety (90) days from said appointment, or (5) Tenant or any a substantial part of its successors or assigns or any guarantor of this Lease assets, (“Guarantor”ii) should file any voluntary petition admit in bankruptcywriting its inability to pay its debts as they come due, reorganization or arrangement, or an {iii) make a general assignment for the benefit of creditors creditors, (iv) file a petition or for similar relief under any present or future statute, law or regulation relating to relief of debtors, or (6) Tenant or any of its successors or assigns or any Guarantor should be adjudicated bankrupt or have an involuntary petition in bankruptcy, answer seeking reorganization or arrangement with creditors or to take advantage of any insolvency law other than the Federal Bankruptcy Code, (v) file an answer admitting the material allegations of a petition filed against it and the same not Tenant in any reorganization or insolvency proceeding, other than a proceeding commenced pursuant to the Federal Bankruptcy Code, or if any order, judgment or decree shall be dismissed within ninety (90) days entered by any court of competent jurisdiction, except for a bankruptcy court or a federal court sitting as a bankruptcy court, adjudicating the Tenant insolvent, or approving a petition seeking reorganization of the date Tenant, or appointing a receiver, trustee or liquidator of the filing thereof, Tenant or (7) Tenant shall permit, allow of all or suffer to exist any lien, judgment, writ, assessment, charge, attachment or execution upon Landlord’s or to the Premises, and/or the fixtures, improvements and furnishings located thereon, except as otherwise permitted herein; then, Tenant shall be in default hereundera substantial part of its assets.
Appears in 1 contract
Samples: Assignment and Assumption of Lease (Prime Meridian Holding Co)
Events of Default by Tenant. If The following shall constitute events of default by Tenant: (1a) 1f Tenant abandons or surrenders all or shall fail to make any part of the Premises prior to the expiration of the Term of the Lease or (2) Tenant fails to pay Rent or Additional Rent within five (5) days after notice from Landlord of delinquency, (3) Tenant fails to fulfill any of the terms or conditions of payment due under this Lease or any other lease heretofore made by Tenant Agreement, and such failure shall continue for space in the Premises and the same is not cured within thirty ten (3010) days after written notice thereof from by Landlord; (b) if a default exists in the performance of any of the other covenants or conditions which Tenant is required to observe and to perform, unless and such default shall continue for twenty (20 days after written notice by Landlord; (c) if the same cannot be cured within said thirty (30) day period, in which case interest of Tenant shall have such additional time as under this Lease Agreement is reasonably necessary to cure such default, not to exceed ninety (90) days in any and all events, provided that Tenant commences such cure within said thirty (30) day period and thereafter diligently prosecutes the same to completionlevied upon, or (4) the appointment of a trustee is under execution or a receiver to take possession of all or substantially all of Tenant’s assets occursother legal process, or if the attachmentany petition shall be filed by or against Tenant to declare Tenant as bankrupt or to delay, execution reduce, or modify Tenant's debts or obligations; (d) if any petition shall be filed or other judicial seizure of all action taken to reorganize or substantially all modify Tenant's capital structure if Tenant be a corporation or other entity; (e) if Tenant is declared insolvent, or if any assignment of Tenant’s assets located at the Premises, or of Tenant’s interest in this Lease, occurs, and in the case of an involuntary appointment only, the same 's property is not dismissed within ninety (90) days from said appointment, or (5) Tenant or any of its successors or assigns or any guarantor of this Lease (“Guarantor”) should file any voluntary petition in bankruptcy, reorganization or arrangement, or an assignment made for the benefit of creditors or if a receiver or trustee is appointed for similar relief under Tenant or its property; (f) if Tenant vacates or abandons the Leased Premises, as defined above, during the term of this Lease Agreement or any present extensions thereof; or future statute(___ if Tenant makes any transfer of any interest in the Leased Premises not in accordance with the requirements of this Lease Agreement, then Landlord may treat the occurrence of any one or more of the foregoing events as a breach of this Lease Agreement and thereupon, at Landlord's option, Landlord shall have one or more of the following described remedies in addition to all other rights and remedies provided at law or regulation relating in equity:
a. Landlord may terminate this Lease Agreement and forthwith, in accordance with applicable law, repossess the Leased Premises and remove all persons or property therefrom, and be entitled to relief recover as damages a sum of debtorsmoney equal to the total of (i) the cost of recovering the Leased Premises (ii) the unpaid rent owed thereon from due date plus interest thereon at the rate of 18% per annum or the maximum rate permitted by applicable law, whichever is lower, (iii) the present value of the balance of the rent for the remainder of the term, discounted to the present at 8% per annum, and (iv) any other sum of money and damages owed by Tenant to Landlord;
b. Landlord shall also be entitled to terminate Tenant's right of possession in accordance with applicable law and to repossess the Leased Premises, without demand or notice of any kind to Tenant, by summary proceedings, any other applicable action or proceeding, or otherwise, all without terminating this Lease Agreement, in which event Landlord may, but shall be under no obligation to, relet the same for the account of Tenant for such rent and upon such terms as shall be satisfactory to Landlord. None of these actions will be deemed an acceptance of surrender of the Leased Premises. For the purpose of such reletting Landlord is authorized to decorate or to make any repairs, changes, alterations, or additions in or to the Leased Premises that may be necessary or convenient, and (i) if Landlord shall fail or refuse to relet the Leased Premises, or (6ii) Tenant if the same are relet and a sufficient sum shall not be realized from such reletting, after paying the unpaid Base Rental due hereunder earned or any unpaid at the time of its successors or assigns or any Guarantor should be adjudicated bankrupt or have an involuntary petition in bankruptcyreletting, reorganization or arrangement filed against it plus interest thereon at the rate set forth herein, the cost of recovering possession, and all of the costs and expenses of such decoration, repairs, changes, alterations, and additions, and the same not be dismissed within ninety (90) days expense of such reletting, and of the date collection of the filing thereofrent accruing therefrom to satisfy the payment of the rent provided for in this Lease Agreement, then Tenant shall pay to Landlord as damages a sum equal to the amount of the rental reserved in this Lease Agreement for such period or periods, or (7) Tenant shall permit, allow or suffer to exist any lien, judgment, writ, assessment, charge, attachment or execution upon Landlord’s or to if the Premises, and/or the fixtures, improvements and furnishings located thereon, except as otherwise permitted herein; thenLeased Premises have been relet, Tenant shall satisfy and pay any such deficiency upon demand therefor from time to time; and Tenant agrees that Landlord may file suit to recover any sums falling due under the terms of this Lease Agreement from time to time on one or more occasions without Landlord being obligated to wait until expiration of the term of this Lease Agreement and without barring or affecting in any manner Landlord's right to bring a later action or actions for further damages; nor shall such reletting be in construed as an election on the part of Landlord to terminate this Lease Agreement unless a written notice of such intention be given to Tenant by Landlord. Notwithstanding any such reletting without termination, Landlord may at any time thereafter elect to terminate this Lease Agreement for such previous breach.
c. Without prejudice to any other remedy for default, Landlord may perform any obligation or make any payment required to cure a default hereunderby Tenant. The cost of performance, including attorneys' fees and all disbursements, shall immediately be paid by Tenant to Landlord upon demand as Additional Rent.
Appears in 1 contract
Events of Default by Tenant. If The following shall, upon the giving of notice to Tenant of the nature of the default and the expiration of any applicable grace period afforded Tenant hereunder as set forth in Section 23.B. constitute an Event of Default under this Lease. If
(1) Tenant abandons or surrenders all or fails to make any part payment of the Premises prior to the expiration of the Term of the Lease Rent when due (a "Monetary Default"); or (2) Tenant fails to pay Rent or Additional Rent within five (5) days after notice from Landlord of delinquency, (3) Tenant fails to fulfill any of the terms or conditions of conditions, covenants, agreements or any rules and regulations attached to this Lease, as Exhibit "C" or promulgated by Landlord under this Lease or any other lease heretofore made by Tenant for space which shall in all instances be reasonable and have as close to equal application to all Tenants of the Premises and the same is not cured within thirty (30) days after written notice thereof from Landlord, unless the same cannot be cured within said thirty (30) day period, in which case Tenant shall have such additional time Building as is reasonably necessary to cure such default, not to exceed ninety practicable (90) days in any and all events, provided that Tenant commences such cure within said thirty (30) day period and thereafter diligently prosecutes the same to completion, a "Non-monetary Default"); or (43) the appointment of a trustee or a receiver to take possession of all or substantially all of Tenant’s 's assets occurs, and such appointment is not dismissed within thirty (30) days after appointment, or if the attachment, execution or other judicial seizure of all or substantially all of Tenant’s 's assets located at the Premises, or of Tenant’s 's interest in this Lease, occurs, and in the case of an involuntary appointment only, the same is not dismissed within ninety (90) days from said appointment, ; or (54) Tenant or any of its successors or assigns or any guarantor of this Lease (“"Guarantor”") should file any voluntary petition in bankruptcy, reorganization or arrangement, or an assignment for the benefit of creditors or for similar relief under any present or future statute, law or regulation relating to relief of debtors, ; or (65) Tenant or any of its successors or assigns or any Guarantor should be adjudicated bankrupt or have an involuntary petition in bankruptcy, reorganization or arrangement filed against it and the same such proceeding is not be dismissed within ninety thirty (9030) days of filing; or (6) Tenant, before the date expiration of the filing thereofLease Term and without the prior written consent of Landlord, vacates the Premises or abandons possession of the Premises, and fails to pay Rent on a timely basis; or (7) Tenant shall permit, allow or suffer to exist any lienlien by or through Tenant, judgment, writ, assessment, charge, attachment or execution upon Landlord’s 's or Tenant's interest in this Lease or to the Premises, and/or the fixtures, improvements and furnishings located thereon, except as whether claimant or holder thereof has acquired its right by or through Tenant, unless such lien, judgment, writ, assessment, charge, attachment or execution is discharged of record or transferred from the Property by bond within ten (10) days following notice to Tenant; or (8) Tenant, if a publicly held company, shall cease to conform with minimum listing requirements of the National Stock Exchange on which it is listed or shall fail to timely file its 10K statement or otherwise permitted herein; thenfail to maintain financial statements required of a publicly traded and listed company, then Tenant shall be in default hereunder; or (9) if Tenant is not a publicly held company and neither Tenant nor Guarantor maintains a net worth of at least $25,000,000.00.
Appears in 1 contract
Samples: Lease (DBT Online Inc)
Events of Default by Tenant. If The occurrence of any of the following shall constitute a material default and breach of this Lease by Tenant:
(1A) The failure by Tenant abandons to pay Base Rent or surrenders all or make any part other payment required to be made by Tenant hereunder as and when due.
(B) The abandonment of the Premises prior to by Tenant or the expiration vacation of the Term Premises by Tenant for fourteen (14) consecutive days (with or without the payment of the Lease or Rent).
(2C) The making by Tenant fails to pay Rent or Additional Rent within five (5) days after notice from Landlord of delinquency, (3) Tenant fails to fulfill any of the terms or conditions assignment of this Lease or any other lease heretofore made sublease of all or part of the Premises, except as expressly permitted under Article XIV of this Lease.
(D) The failure by Tenant to observe or perform any other provision of this Lease to be observed or performed by Tenant, other than those described in Sections 15.01(A), 15.01(B) or 15.01(C) above, if such failure continues for space in the Premises and the same is not cured within thirty ten (3010) days after written notice thereof from Landlordby Landlord to Tenant; provided, unless however, that if the same nature of the default is such that it cannot be cured within said thirty the ten (3010) day period, in which case Tenant no default shall have such additional time as is reasonably necessary to cure such default, not to exceed ninety (90) days in any and all events, provided that exist if Tenant commences such cure the curing of the default within said thirty the ten (3010) day period and thereafter diligently prosecutes the same to completion.
(E) The making by Tenant or its Guarantor of any general assignment for the benefit of creditors, the filing by or against Tenant or its Guarantor of a petition under any federal or slate bankruptcy or insolvency laws (4unless, in the case of a petition filed against Tenant or its Guarantor the same is dismissed within thirty (30) days after filing); the appointment of a trustee or a receiver to take possession of all or substantially all of Tenant’s assets occursat the Premises or Tenant’s interest in this Lease or the Premises, when possession is not restored to Tenant within thirty (30) days; or if the attachment, execution or other judicial seizure of all or substantially all of Tenant’s assets located at the Premises, Premises or of Tenant’s interest in this LeaseLease or the Premises, occurs, and in the case of an involuntary appointment only, the same if such seizure is not dismissed discharged within ninety thirty (9030) days from said appointmentdays.
(F) Any material misrepresentation herein, or (5) material misrepresentation or omission in any financial statements or other materials provided by Tenant or any of its successors Guarantor in connection with negotiating or assigns or any guarantor of entering into this Lease (“Guarantor”) should file or in connection with any voluntary petition in bankruptcy, reorganization or arrangement, or an assignment for the benefit of creditors or for similar relief Transfer under any present or future statute, law or regulation relating to relief of debtors, or (6) Tenant or any of its successors or assigns or any Guarantor should be adjudicated bankrupt or have an involuntary petition in bankruptcy, reorganization or arrangement filed against it and the same not be dismissed within ninety (90) days of the date of the filing thereof, or (7) Tenant shall permit, allow or suffer to exist any lien, judgment, writ, assessment, charge, attachment or execution upon Landlord’s or to the Premises, and/or the fixtures, improvements and furnishings located thereon, except as otherwise permitted herein; then, Tenant shall be in default hereunderSection 14.01.
Appears in 1 contract
Samples: Office Lease (RigNet, Inc.)
Events of Default by Tenant. If The following shall, upon the giving of notice to Tenant of the nature of the default and the expiration of any applicable grace period afforded Tenant hereunder as set forth in Section 23.B. constitute an Event of Default under this Lease. If
(1) Tenant abandons or surrenders all or fails to make any part payment of the Premises prior to the expiration of the Term of the Lease Rent when due (a "Monetary Default"); or (2) Tenant fails to pay Rent or Additional Rent within five (5) days after notice from Landlord of delinquency, (3) Tenant fails to fulfill any of the terms or conditions of conditions, covenants, agreements or any rules and regulations attached to this Lease, as Exhibit "C" or promulgated by Landlord under this Lease or any other lease heretofore made by Tenant for space which shall in all instances be reasonable and have as close to equal application to all tenants of the Premises and the same is not cured within thirty (30) days after written notice thereof from Landlord, unless the same cannot be cured within said thirty (30) day period, in which case Tenant shall have such additional time Building as is reasonably necessary to cure such default, not to exceed ninety practicable (90) days in any and all events, provided that Tenant commences such cure within said thirty (30) day period and thereafter diligently prosecutes the same to completion, a "Non-Monetary Default"); or (43) the appointment of a trustee or a receiver to take possession of all or substantially all of Tenant’s 's assets occurs, and such appointment is not dismissed within thirty (30) days after appointment, or if the attachment, execution or other judicial seizure of all or substantially all of Tenant’s 's assets located at the Premises, or of Tenant’s 's interest in this Lease, occurs, and in the case of an involuntary appointment only, the same is not dismissed within ninety (90) days from said appointment, ; or (54) Tenant or any of its successors or assigns or any guarantor of this Lease (“"Guarantor”) "), if any, should file any voluntary petition in bankruptcy, reorganization or arrangement, or an assignment for the benefit of creditors or for similar relief under any present or future statute, law or regulation relating to relief of debtors, ; or (65) Tenant or any of its successors or assigns or any Guarantor should be adjudicated bankrupt or have an involuntary petition in bankruptcy, reorganization or arrangement filed against it and the same such proceeding is not be dismissed within ninety thirty (9030) days of filing; or (6) Tenant, before the date expiration of the filing thereofLease Term and without the prior written consent of Landlord, vacates the Premises or abandons possession of the Premises, and fails to pay Rent on a timely basis; or (7) Tenant shall permit, allow or suffer to exist any lienlien by or through Tenant, judgment, writ, assessment, charge, attachment or execution upon Landlord’s 's or Tenant's interest in this Lease or to the Premises, and/or the fixtures, improvements and furnishings located thereon, except as otherwise permitted herein; thenwhether claimant or holder thereof has acquired its right by or through Tenant, Tenant shall be in default hereunderunless such lien, judgment, writ, assessment, charge, attachment or execution is discharged of record or transferred from BLUE LAKE STANDARD LEASE the Property by bond within ten (10) days following notice to Tenant.
Appears in 1 contract
Samples: Standard Lease (Andrx Corp)
Events of Default by Tenant. If (1) Tenant abandons or surrenders all or any part Each of the Premises prior to the expiration following constitutes an Event of the Term of the Lease or Default by Tenant (2herein so called):
(a) Tenant fails or refuses to pay Rent any installment of Minimum Rent, Additional Rent, or Additional Rent within five any other sum payable under this Lease when due, and the failure or refusal continues for at least ten (510) days after notice from Landlord of delinquency, the due date.
(3b) Tenant fails or refuses to fulfill comply with any of the terms or conditions provision of this Lease or any other lease heretofore made by Tenant for space in not requiring the Premises payment of money, and the same is not cured within failure or refusal continues for at least thirty (30) days after written notice thereof from Landlord; provided, unless the same however, if any failure by Tenant to comply with this Lease cannot be cured corrected within said thirty (such 30) -day periodperiod solely as a result of nonfinancial circumstances outside of Tenant's control, in which case and if Tenant has commenced substantial corrective actions within such 30-day period and is diligently pursuing such corrective actions, such 30-day period shall have be extended for such additional time as is reasonably necessary to cure such default, not allow completion of actions to exceed ninety correct Tenant's noncompliance.
(90c) days in any and all events, provided that Tenant commences such cure within said thirty (30) day period and thereafter diligently prosecutes the same to completion, or (4) the appointment of a trustee or a receiver to take possession of all or substantially all of Tenant’s assets occurs, or if the attachment, 's leasehold estate is taken on execution or other judicial seizure process of all law in any action against Tenant.
(d) Tenant fails or substantially all refuses to take occupancy of Tenant’s assets located at the Premises upon the Commencement Date, or Tenant ceases to do business in, or abandons any substantial part of, the Premises, or of Tenant’s interest in this Lease, occurs, and in the case of an involuntary appointment only, the same is not dismissed within ninety .
(90) days from said appointment, or (5e) Tenant or any of its successors or assigns or any guarantor of this Lease (“Guarantor”) should file files a petition under any voluntary petition in bankruptcychapter of the United States Bankruptcy Code, reorganization or arrangementas amended, or under any similar law or statute of the United States or any state, or a petition is filed against Tenant or any such guarantor under any such statute and not dismissed with prejudice within twenty (20) days of filing, or a receiver or trustee is appointed for Tenant's leasehold estate or for any substantial part of the assets of Tenant or any such guarantor and such appointment is not dismissed with prejudice within sixty (60) days, or Tenant or any such guarantor makes an assignment for the benefit of creditors or for similar relief under any present or future statute, law or regulation relating to relief of debtors, or (6) Tenant or any of its successors or assigns or any Guarantor should be adjudicated bankrupt or have an involuntary petition in bankruptcy, reorganization or arrangement filed against it and the same not be dismissed within ninety (90) days of the date of the filing thereof, or (7) Tenant shall permit, allow or suffer to exist any lien, judgment, writ, assessment, charge, attachment or execution upon Landlord’s or to the Premises, and/or the fixtures, improvements and furnishings located thereon, except as otherwise permitted herein; then, Tenant shall be in default hereundercreditors.
Appears in 1 contract
Samples: Office Lease Agreement (Pinnacle Financial Partners Inc)
Events of Default by Tenant. If (1) Tenant abandons or surrenders all or any part Each of the Premises prior to following shall be deemed an “Event of Default” under this Ground Lease:
(a) If the expiration Tenant shall default in payment of the Term of the Lease or (2) Tenant fails to pay Rent or Additional Rent within five in the payment of other charges as such shall become due on the date(s) provided for in this Ground Lease, and if such default shall continue for a period of ten (510) days after notice from Landlord of delinquency, (3) Tenant fails to fulfill any of the terms or conditions of this Lease or any other lease heretofore made receipt by Tenant for space of written notice of said nonpayment; or
(b) If Tenant shall default or fail in the Premises performance of a covenant or agreement on its part to be performed in this Ground Lease, and the same is such default shall not have been cured within thirty (30) days after written notice thereof from Landlord, unless the same cannot be cured within said thirty (30) day period, in which case Tenant shall have such additional time as is reasonably necessary to cure such default, not to exceed for a period of ninety (90) days in any and all eventsafter receipt by Tenant of written notice of said default from Landlord; provided, provided however, that Tenant commences if such cure within said thirty (30) day period and thereafter diligently prosecutes the same to completiondefault or failure cannot, or (4) the appointment of a trustee or a receiver to take possession of all or substantially all of Tenant’s assets occurswith due diligence, or if the attachment, execution or other judicial seizure of all or substantially all of Tenant’s assets located at the Premises, or of Tenant’s interest in this Lease, occurs, and in the case of an involuntary appointment only, the same is not dismissed be cured within ninety (90) days from said appointmentdays, Tenant shall have an additional period (not to exceed one hundred eighty (180) days) as may be necessary to cure the same provided that Tenant continuously proceeds with due diligence to complete such cure (it being intended that at any time Tenant is not continuously proceeding with due diligence to complete such cure it shall be an immediate Event of Default);
(c) If Tenant has not Commenced Construction (as defined in the Redevelopment Agreement) of the DCFA Improvements on or before the Outside Commencement Date;
(5d) If Tenant shall default under the Redevelopment Agreement or any other agreement with the City contemplated thereby, which default is not cured within any applicable cure periods; or
(e) If Tenant shall cease to be a not for profit “fair association” incorporated under Chapter 616, Florida Statutes for the sole purpose of its successors conducting and operating public fairs or assigns expositions; or
(f) If the Tenant shall be adjudged to be insolvent; or
(g) If a receiver or any guarantor of this Lease trustee shall be appointed for the aforesaid Tenant’s property and affairs; or
(“Guarantor”h) should file any voluntary petition in bankruptcy, reorganization or arrangement, or If the Tenant shall make an assignment for the benefit of creditors or shall file a voluntary petition under the state or federal bankruptcy laws or be adjudicated a bankrupt or shall make application for the appointment of a receiver; or
(i) If the filing of a petition against Tenant seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statutefederal, state or other law or regulation relating to bankruptcy, insolvency or other relief of for debtors, or the appointment of any trustee, receiver or liquidator of Tenant, unless the petition shall be dismissed within sixty (660) days after the filing, but in any event prior to the entry of a final order, judgment or decree approving such petition; or
(j) If any execution or attachment shall be issued against the Tenant or any of its successors or assigns the Tenant’s property, whereby the Leased Premises or any Guarantor should building or buildings or any improvements thereon, including without limitation the Improvements, shall be adjudicated bankrupt taken or have an involuntary petition in bankruptcyoccupied or attempted to be taken or occupied by someone other than the Tenant, reorganization except as may be herein permitted and such adjudication, appointment, assignment, petition, execution or arrangement filed against it and the same attachment shall not be dismissed set aside, vacated, discharged or bonded within ninety sixty (9060) days after the issuance of same.
(k) If Tenant shall fail to (1) commence the date repair and restoration required pursuant to Section 8.6 of this Ground Lease on or before the filing thereofOutside Condemnation Repair Commencement Date, or (72) proceed diligently and continuously to complete the construction of such repair or restoration as required pursuant to Section 8.4 of this Ground Lease.
(l) If Tenant shall permitfail to (1) commence the repair and restoration required pursuant to Section 8.4 of this Ground Lease on or before the Outside Casualty Repair Commencement Date, allow or suffer (2) proceed diligently and continuously to exist any lien, judgment, writ, assessment, charge, attachment complete the construction of such repair or execution upon Landlord’s or restoration required pursuant to the Premises, and/or the fixtures, improvements and furnishings located thereon, except as otherwise permitted herein; then, Tenant shall be in default hereunderSection 8.4(a) of this Ground Lease.
Appears in 1 contract
Samples: Redevelopment Agreement
Events of Default by Tenant. If The happening of any one or more of the following listed events (1Events of Default) shall constitute a breach of this Lease by Tenant: (a) the failure of Tenant abandons or surrenders all to pay any rent or any part other sums of the Premises prior to the expiration money due hereunder if such failure shall continue for a period of the Term of the Lease or three (2) Tenant fails to pay Rent or Additional Rent within five (53) days after notice from Landlord written notice; (b) the failure of delinquency, (3) Tenant fails to fulfill comply with any of the terms or conditions other provision of this Lease or any other lease heretofore made by agreement between Landlord and Tenant for space (all of which terms, provisions, and covenants shall be deemed material) within ten (10) days after written notice; provided, however, that if the failure does not pose a threat to the health or safety of any person and if the nature of the failure is such that more than ten days would be reasonably required to cure the failure, then Tenant shall not be in default provided that Tenant commences to cure the Premises default within such ten-day period and the same is not cured thereafter Tenant diligently cures such failure or default within thirty (30) days after the written notice thereof from Landlordnotice, unless and provided, however, that if the same cannot be cured within said thirty (30) day period, in which case Tenant shall have such additional time as is reasonably necessary failed to comply with any provision of this Lease on two (2) or more occasions within any twelve (12) month period, and if notice thereof shall have been provided by Landlord, no notice or opportunity for cure such default, not shall be required with respect to exceed ninety any subsequent noncompliance with the Lease; (90c) days the taking of the [LANDLORD'S INITIALS ______] [TENANT'S INITIALS ______] leasehold on execution or other process of law in any action against Tenant; (d) the failure of Tenant to accept the Premises, to promptly move into, complete any tenant improvements to, take possession of, and all events, provided that Tenant commences such cure within said thirty (30) day period and thereafter diligently prosecutes to operate its business in the same to completionPremises after the Commencement Date, or if Tenant ceases to do business in or abandons any substantial portion of the Premises, other than on account of force majeure; (4e) Tenant becoming insolvent or unable to pay its debts as they become due, or Tenant's notice to Landlord that it anticipates either condition; (f) the filing of any bankruptcy or similar proceeding by or against Tenant under any applicable law; (g) the appointment of a receiver or trustee for Tenant's leasehold interest in the Premises or for all or a receiver to take possession substantial part of all or substantially all the assets of Tenant’s assets occurs, ; (i) the death or if dissolution of the attachment, execution Tenant; and (h) any other act or other judicial seizure omission designated as an Event of all or substantially all of Tenant’s assets located at the Premises, or of Tenant’s interest Default in this Lease, occurs. The notices to Tenant required, and in the case opportunities for cure provided, under this Subsection 18.1 are the exclusive notice requirements and cure periods available to Tenant for any breach of an involuntary appointment onlythis Lease, the same is not dismissed within ninety (90) days from said appointmentand Tenant hereby waives all other or additional notice requirements, cure periods, and rights of redemption imposed, created, provided, or (5) Tenant or any of its successors or assigns or any guarantor of this Lease (“Guarantor”) should file any voluntary petition in bankruptcy, reorganization or arrangement, or an assignment for the benefit of creditors or for similar relief under any present or future statute, law or regulation relating to relief of debtors, or (6) Tenant or any of its successors or assigns or any Guarantor should be adjudicated bankrupt or have an involuntary petition in bankruptcy, reorganization or arrangement filed against it and the same not be dismissed within ninety (90) days of the date of the filing thereof, or (7) Tenant shall permit, allow or suffer to exist any lien, judgment, writ, assessment, charge, attachment or execution upon Landlord’s or to the Premises, and/or the fixtures, improvements and furnishings located thereon, except as otherwise permitted herein; then, Tenant shall be in default hereunderallowed by law.
Appears in 1 contract
Samples: Retail Lease Agreement (Family Steak Houses of Florida Inc)
Events of Default by Tenant. If (1) Tenant abandons or surrenders all or The occurrence of any part of the Premises prior to the expiration following shall constitute a material default and breach of the Term this Lease by Tenant (“an Event of the Lease or Default”).
(2A) The failure by Tenant fails to pay Base Rent or Additional Rent within make any other payment required to be made by Tenant hereunder as and when due; provided, however that Tenant shall have one five (5) days after notice from Landlord day grace period in every calendar year in which to pay such Base Rent prior to the occurrence of delinquency, an Event of Default.
(3B) The failure by Tenant fails to fulfill observe or perform any of the terms or conditions other provision of this Lease to be observed or any performed by Tenant, other lease heretofore made by Tenant than those described in Sections 15.1(A) and 15.1(B) above, if such failure continues for space in the Premises and the same is not cured within thirty (30) days after written notice thereof from Landlordby Landlord to Tenant; provided, unless however, that if the same nature of the default is such that it cannot be cured within said the thirty (30) day period, in which case Tenant no default shall have such additional time as is reasonably necessary to cure such default, not to exceed ninety (90) days in any and all events, provided that exist if Tenant commences such cure the curing of the default within said the thirty (30) day period and thereafter diligently prosecutes the same to completioncompletion and completes the same within sixty (60) days.
(C) The making by Tenant of any general assignment for the benefit of creditors, the filing by or against Tenant of a petition under any federal or state bankruptcy or insolvency laws (4unless, in the case of a petition filed against Tenant the same is dismissed within sixty (60) days after filing); the appointment of a trustee or a receiver to take possession of all or substantially all of Tenant’s assets occursat the Premises or Tenant’s interest in this Lease or the Premises, when possession is not restored to Tenant within sixty (60) days; or if the attachment, execution or other judicial seizure of all or substantially all of Tenant’s assets located at the Premises, Premises or of Tenant’s interest in this LeaseLease or the Premises, occurs, and in the case of an involuntary appointment only, the same if such seizure is not dismissed discharged within ninety sixty (9060) days from said appointmentdays.
(D) Any material misrepresentation herein, or (5) material misrepresentation or omission in any financial statements or other materials provided by Tenant or any of its successors or assigns or any guarantor of this Lease (“Guarantor”) should file any voluntary petition in bankruptcy, reorganization or arrangement, or an assignment for the benefit of creditors or for similar relief under any present or future statute, law or regulation relating Guarantor to relief of debtors, or (6) Tenant or any of its successors or assigns or any Guarantor should be adjudicated bankrupt or have an involuntary petition in bankruptcy, reorganization or arrangement filed against it and the same not be dismissed within ninety (90) days Landlord. Time is of the date of the filing thereof, or (7) Tenant shall permit, allow or suffer essence with respect to exist any lien, judgment, writ, assessment, charge, attachment or execution upon LandlordTenant’s or to the Premises, and/or the fixtures, improvements and furnishings located thereon, except as otherwise permitted herein; then, Tenant shall be in default hereundercompliance with this Section 15.1.
Appears in 1 contract
Samples: Office Lease (Splunk Inc)
Events of Default by Tenant. The following shall constitute events of default by Tenant:
(a) If Tenant shall fail to make any payment due under this Lease Agreement, and such failure shall continue for ten (110) Tenant abandons or surrenders all or any part of the Premises prior to the expiration of the Term of the Lease or (2) Tenant fails to pay Rent or Additional Rent within five (5) business days after written notice from Landlord by Landlord; (b) if a default exists in the performance of delinquency, (3) Tenant fails to fulfill any of the terms other covenants or conditions of this Lease or any other lease heretofore made by which Tenant is required to observe and to perform, and such default shall continue for space in the Premises and the same is not cured within thirty twenty (3020) days after written notice thereof from by Landlord, unless ; (c) if the same cannot be cured within said thirty (30) day period, in which case interest of Tenant shall have such additional time as under this Lease Agreement is reasonably necessary to cure such default, not to exceed ninety (90) days in any and all events, provided that Tenant commences such cure within said thirty (30) day period and thereafter diligently prosecutes the same to completionlevied upon, or (4) the appointment of a trustee is under execution or a receiver to take possession of all or substantially all of Tenant’s assets occursother legal process, or if the attachmentany petition shall be filed by or against Tenant to declare Tenant as bankrupt or to delay, execution reduce, or modify Tenant's debts or obligations; (d) if any petition shall be filed or other judicial seizure of all action taken to reorganize or substantially all modify Tenant's capital structure if Tenant be a corporation or other entity; unless approved in writing by Landlord which shall not be unreasonably withheld; (e) if Tenant is declared insolvent, or if any assignment of Tenant’s assets located at the Premises, or of Tenant’s interest in this Lease, occurs, and in the case of an involuntary appointment only, the same 's property is not dismissed within ninety (90) days from said appointment, or (5) Tenant or any of its successors or assigns or any guarantor of this Lease (“Guarantor”) should file any voluntary petition in bankruptcy, reorganization or arrangement, or an assignment made for the benefit of creditors or if a receiver or trustee is appointed for similar relief under in Tenant or its property; (f) if Tenant vacates or abandons the Leased Premises during the term of this Lease Agreement or any present extensions thereof; or future statute(g) if Tenant makes any transfer of any interest in the Leased Premises not in accordance with the requirements of this Lease Agreement, then Landlord may treat the occurrence of any one or more of the foregoing events as a breach of this Lease Agreement and thereupon, at Landlord's option, Landlord shall have one or more of the following described remedies in addition to all other rights and remedies provided at law or regulation relating in equity:
a. Landlord may terminate this Lease Agreement and forthwith, in accordance with applicable law, repossess the Leased Premises and remove all persons or property therefrom, and be entitled to relief recover as damages a sum of debtorsmoney equal to the total of (i) the cost of recovering the Leased Premises (ii) the unpaid rent owed thereon from due date plus interest thereon at the rate of 18% per annum or the maximum rate permitted by applicable law, whichever is lower, (iii) the present value of the balance of the rent for the remainder of the term, discounted to the present at 8% per annum, and (iv) any other sum of money and damages owed by Tenant to Landlord;
b. Landlord shall also be entitled to terminate Tenant's right of possession in accordance with applicable law and to repossess the Leased Premises, without demand or notice of any kind to Tenant, by summary proceedings, any other applicable action or proceeding, or otherwise, all without terminating this Lease Agreement, in which event Landlord may, but shall be under no obligation to, relet the same for the account of Tenant for such rent and upon such terms as shall be satisfactory to Landlord. None of these actions will be deemed an acceptance of surrender of the Leased Premises. For the purpose of such reletting Landlord is authorized to decorate or to make any reasonable repairs, changes, alterations, or additions in or to the Leased Premises that may be necessary or convenient, and (i) if Landlord shall fail or refuse to relet the Leased Premises, or (6ii) Tenant if the same is relet and a sufficient sum shall not be realized from such reletting, after paying the unpaid Base Rental due hereunder earned or any unpaid at the time of its successors or assigns or any Guarantor should be adjudicated bankrupt or have an involuntary petition in bankruptcyreletting, reorganization or arrangement filed against it plus interest thereon at the rate set forth herein, the cost of recovering possession, and all of the reasonable costs and expenses of such decoration, repairs, changes, alterations, and additions, and the same not be dismissed within ninety (90) days reasonable expense of such reletting, and of the date reasonable collection of the filing thereofrent accruing therefrom to satisfy the payment of the rent provided for in this Lease Agreement, then Tenant shall pay to Landlord as damages a sum equal to the amount of the rental reserved in this Lease Agreement for such period or periods, or (7) Tenant shall permit, allow or suffer to exist any lien, judgment, writ, assessment, charge, attachment or execution upon Landlord’s or to if the Premises, and/or the fixtures, improvements and furnishings located thereon, except as otherwise permitted herein; thenLeased Premises have been relet, Tenant shall satisfy and pay any such deficiency upon demand therefor from time to time; and Tenant agrees that Landlord may file suit to recover any sums falling due under the terms of this Lease Agreement from time to time on one or more occasions without Landlord being obligated to wait until expiration of the term of this Lease Agreement and without barring or affecting in any manner Landlord's right to bring a later action or actions for further damages; nor shall such reletting be in construed as an election on the part of Landlord to terminate this Lease Agreement unless a written notice of such intention be given to Tenant by Landlord. Notwithstanding any such reletting without termination, Landlord may at any time thereafter elect to terminate this Lease Agreement for such previous breach.
c. Without prejudice to any other remedy for default, Landlord may perform any obligation or make any payment required to cure a default hereunderby Tenant. The cost of performance, including attorneys' fees and all disbursements, shall immediately be paid by Tenant to Landlord upon demand as Additional Rent.
Appears in 1 contract
Events of Default by Tenant. If (1a) Tenant abandons The occurrence of any one or surrenders all or any part more of the Premises prior to following events shall constitute an "Event of Default" by Tenant:
(i) if Tenant shall default in the expiration observance or performance of any covenants, provisions, warranty, condition or agreement herein and such default, in the Term case of the Lease or (2) any failure by Tenant fails to pay any Rent or Additional Rent within other sum required to be paid hereunder (a "monetary" default), continues for five (5) days after written notice from of failure to pay (provided, however, in no event shall Landlord of delinquencybe required to give Tenant notice and cure rights with respect to any monetary default more than two (2) times in any calendar year), (3) Tenant fails to fulfill any of the terms or conditions of this Lease or any other lease heretofore made by Tenant for space in the Premises and the same is not cured within case of any non-monetary default, continues for thirty (30) days after receipt by Tenant of written notice thereof from LandlordLandlord (provided, unless however, in no event shall Landlord be required to give Tenant notice and cure rights with respect to any non-monetary default more than two (2) times in any calendar year), or, if the same cannon-monetary default of Tenant is of a type which is not be cured reasonably possible to cure within said thirty (30) day perioddays, in which case and if Tenant shall have such additional time as is reasonably necessary commences to cure such default, not to exceed ninety (90) days in any and all events, provided that Tenant commences such cure said default within said thirty (30) day period and thereafter diligently prosecutes the same curing of said default to completion, or such thirty (430) the appointment of a trustee or a receiver to take possession of all or substantially all of Tenant’s assets occurs, or if the attachment, execution or other judicial seizure of all or substantially all of Tenant’s assets located at the Premises, or of Tenant’s interest in this Lease, occurs, and day period shall be extended for so long as it shall require Tenant in the case exercise of an involuntary appointment onlydue diligence to cure said default, the same is not dismissed within it being agreed that no such extension shall be for a period in excess of ninety (90) days; or
(ii) if Tenant shall fail to take occupancy of the Premises and open for business within sixty (60) days following the Commencement Date, subject to the terms and conditions of this Lease; or
(iii) if Tenant shall fail to continuously use, occupy and operate pursuant to Section 9.2 above, and such failure shall continue for a period of ten (10) consecutive days after notice from said appointmentLandlord (except as otherwise expressly provided herein) (provided, however, in no event shall Landlord be required to give Tenant notice and cure rights with respect to a failure to continuously operate more than two (2) times in any calendar year); or
(iv) the doing or permitting to be done by Tenant of any act which creates a mechanic's lien or related claim against any portion of the Project, the land or building of which the Premises are a part and such lien or claim is not released or terminated or bonded over within thirty (30) days of Landlord's written demand; or
(v) the Lease is transferred to or devolves on, or the Leased Premises is occupied by, anyone other than Tenant except if consented to in writing by Landlord or expressly allowed by this Lease;
(5vi) if Tenant or any of its successors or assigns or any guarantor the guarantor(s) of this Lease (“Guarantor”) should shall file any a voluntary petition in bankruptcybankruptcy or insolvency, reorganization or commence a case under the Federal Bankruptcy Code, or shall be adjudicated a bankrupt or insolvent, or shall file any petition or answer seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the present or any future federal bankruptcy act or any other present or future applicable federal, state or other statute or law (foreign or domestic), or shall make an assignment for the benefit of creditors or for shall seek or consent or acquiesce in the appointment of any trustee, receiver or liquidator of Tenant or any guarantor or of all or any part of Tenant's or guarantor's personal property; or
(vi) if, within sixty (60) days after the commencement of any proceeding against Tenant or any guarantor, whether by the filing of a petition or otherwise, seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statutefederal bankruptcy act or any other present or future applicable federal, state or other statute or law (foreign or regulation relating to relief of debtorsdomestic), such proceeding shall not have been dismissed, or if, within sixty (660) days after the appointment of any trustee, receiver or liquidator of Tenant or any guarantor or of its successors or assigns all or any Guarantor should be adjudicated bankrupt part of Tenant's or guarantor's personal property, without the consent or acquiescence of Tenant or any guarantor, such appointment shall not have an involuntary petition in bankruptcy, reorganization been vacated or arrangement filed against it and the same not be dismissed within ninety (90) days of the date of the filing thereofotherwise discharged, or (7) if any execution or attachment shall be issued against Tenant shall permit, allow or suffer any guarantor or any of Tenant's or guarantor's personal property pursuant to exist any lien, judgment, writ, assessment, charge, attachment or execution upon Landlord’s or to which the Premises, and/or the fixturesor any part thereof, improvements and furnishings located thereon, except as otherwise permitted herein; then, Tenant shall be in default hereundertaken or occupied or attempted to be taken or occupied.
Appears in 1 contract
Samples: Lease Agreement (Mitesco, Inc.)
Events of Default by Tenant. If (1) The occurrence of anyone or more of the following events shall constitute a material default of this Lease by Tenant:
13.2.1 The failure by Tenant abandons or surrenders all to make any payment of rent or any part of the Premises prior other payment required to the expiration of the Term of the Lease or be made by Tenant hereunder, as and when due, where such failure shall continue for a period often (210) Tenant fails to pay Rent or Additional Rent within five (5) business days after a written notice thereof from Landlord of delinquency, (3) to Tenant.
13.2.2 The failure by Tenant fails to fulfill observe or perform any of the terms covenants, conditions or conditions provisions of this Lease to be observed or any performed by Tenant, other lease heretofore made by Tenant than as described in Section 13.2.1 hereof, where such failure shall continue for space in the Premises and the same is not cured within a period of thirty (30) days after written notice thereof from LandlordLandlord to Tenant; provided further, unless that if the same cannot be cured within said nature of Tenant’s default is such that more than thirty (30) day perioddays is reasonably required for its cure, in which case then Tenant shall have such additional time as is reasonably necessary not be deemed to cure such default, not to exceed ninety (90) days be in any and all events, provided that default if Tenant commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion.
13.2.3 The making by Tenant of any general assignment for the benefit of creditors; the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, the same to completion, or is dismissed within sixty (460) days); the appointment of a trustee or a receiver to take possession of all or substantially all of Tenant’s assets occurs, or if the attachment, execution or other judicial seizure of all or substantially all of Tenant’s assets located at the Premises, or of Tenant’s interest in this Lease, occurs, and in the case of an involuntary appointment only, the same where possession is not dismissed restored to Tenant within ninety sixty (9060) days from said appointmentdays; or the attachment, execution or other judicial seizure of substantially all of Tenant’s assets located at the Premises or of Tenant’s interest in this Lease, where such seizure is not discharged within sixty (560) days.
13.2.4 Notices given pursuant to this Section 13.2 shall specify the alleged default and the applicable Lease provisions and shall demand that Tenant or any of its successors or assigns or any guarantor perform the provisions of this Lease (“Guarantor”) should file any voluntary petition or pay the rent that is in bankruptcyarrears, reorganization as the case may be, within the applicable period of time or arrangement, or an assignment for the benefit of creditors or for similar relief under any present or future statute, law or regulation relating to relief of debtors, or (6) Tenant or any of its successors or assigns or any Guarantor should be adjudicated bankrupt or have an involuntary petition in bankruptcy, reorganization or arrangement filed against it and the same not be dismissed within ninety (90) days of the date of the filing thereof, or (7) Tenant shall permit, allow or suffer to exist any lien, judgment, writ, assessment, charge, attachment or execution upon Landlord’s or to vacate the Premises, and/or the fixtures, improvements and furnishings located thereon, except as otherwise permitted herein; then, Tenant . No such notice shall be deemed a forfeiture or a termination of this Lease unless Landlord so elects in default hereunderthe notice.
Appears in 1 contract
Events of Default by Tenant. If (1) In the event of any failure of Tenant abandons to pay any rental or surrenders all other sums of money when due hereunder; or any part failure to observe or perform any other of the Premises prior terms, conditions or covenants of this Lease, including but not limited to the expiration of the Term of the Lease Building rules, to be observed or (2) Tenant fails to pay Rent or Additional Rent within five (5) days after notice from Landlord of delinquency, (3) Tenant fails to fulfill any of the terms or conditions of this Lease or any other lease heretofore made performed by Tenant for space in the Premises and the same is not cured within thirty more than ten (3010) days after written notice thereof from Landlord, unless shall have been given to Tenant; or if the same cannot Tenant’s leasehold interest shall be cured within said thirty (30) day period, in which case taken on execution or other process of law against Tenant; or if Tenant or an agent of Tenant shall have such additional time as is reasonably necessary falsify any report required to cure such default, not be furnished to exceed ninety (90) days in any and all events, provided that Landlord pursuant to the terms of this Lease; or if Tenant commences such cure within said thirty (30) day period and thereafter diligently prosecutes shall fail to accept the same to completionLeased Premises, or to promptly move into, take possession of, and operate its business on the Leased Premises when the Leased Premises are substantially complete; or if Tenant ceases to do business in or abandons any substantial portion of the Leased Premises; or if Tenant should at any time during the continuance of the Lease remove or attempt to remove the goods, furniture, effects, improvements and personal property brought thereon out of or from the Leased Premises (4) except in the ordinary course of business), without having paid in full all rent and other applicable charges which shall become due during the term of this Lease; or, if Tenant or any Guarantor of this Lease shall become bankrupt or insolvent, or file a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee or a receiver to take possession of all or substantially all a portion of Tenant’s assets occurs, or any Guarantor’s property; or if a petition or answer proposing the attachment, execution or other judicial seizure adjudication of all or substantially all of Tenant’s assets located at the Premises, or of Tenant’s interest in this Lease, occurs, and in the case of an involuntary appointment only, the same is not dismissed within ninety (90) days from said appointment, or (5) Tenant or any of Guarantor as a bankrupt or its successors reorganization under any present or assigns future federal or state bankruptcy or similar law shall be filed in any court and such petition or answer shall not be discharged or denied within sixty (60) days after the filing thereof; or if Tenant or any guarantor of this Lease (“Guarantor”) should file any voluntary petition in bankruptcy, reorganization or arrangement, or Guarantor makes an assignment for the benefit of creditors creditors, or petitions for similar relief or enters into an arrangement, or suffers this Lease to be taken under any present or future statutewrit of execution, law or regulation relating to relief of debtorsthen, or (6) Tenant or in any of its successors or assigns or any Guarantor should be adjudicated bankrupt or have an involuntary petition in bankruptcy, reorganization or arrangement filed against it and the same not be dismissed within ninety (90) days of the date of the filing thereof, or (7) Tenant shall permit, allow or suffer to exist any lien, judgment, writ, assessment, charge, attachment or execution upon Landlord’s or to the Premises, and/or the fixtures, improvements and furnishings located thereon, except as otherwise permitted herein; thensuch events, Tenant shall be deemed in breach and default hereunderof this Lease and Landlord, in its discretion and at its election, and in addition to all other rights and remedies it may have in law or in equity, shall also be entitled to those rights and remedies enumerated below.
Appears in 1 contract
Events of Default by Tenant. If (1) This Lease is made upon the condition that Tenant abandons or surrenders shall punctually and faithfully perform all or any part of the Premises prior covenants, conditions and agreements by it to be performed as in this Lease set forth. The following shall each be deemed to be an event of default (each of which is sometimes referred to as an “Event of Default” in this Lease):
(a) the expiration of the Term of the Lease or (2) failure by Tenant fails to pay any Basic Rent or Additional Rent within five ten (510) days after Landlord has delivered notice to Tenant that the same is due;
(b) Intentionally omitted;
(c) Intentionally omitted;
(d) the failure of Tenant to observe or perform any of the covenants, terms or conditions set forth in Article 14 (relating to assignment and subletting) when such failure continues for a period of ten (10) days after Landlord has delivered notice to Tenant that the same is due;
(e) the failure of Tenant to observe or perform any of the other covenants, terms or conditions set forth in this Lease where said failure continues for a period of thirty (30) days after notice thereof from Landlord of delinquency, to Tenant setting forth in reasonable detail such failure (3) Tenant fails to fulfill any of the terms or conditions of this Lease or any other lease heretofore made by Tenant for space in the Premises and the same is unless such failure cannot reasonably be cured within thirty (30) days after written notice thereof from Landlord, unless the same cannot be cured and Tenant shall have commenced to cure said failure within said thirty (30) day period, in which case Tenant shall have such additional time as is reasonably necessary days and continues to cure such default, not to exceed ninety (90) days in any and all events, provided that Tenant commences such cure within said thirty (30) day period and thereafter diligently prosecutes pursue the curing of the same to completionuntil completed;
(f) the estate created in Tenant hereby is taken in execution or by other process of law, or (4) all or a substantial part of the appointment assets of Tenant or any Tenant Guarantor is placed in the hands of a liquidator, receiver or trustee (and such receivership or trusteeship or liquidation continues for a receiver to take possession period of all or substantially all of Tenant’s assets occurssixty (60) days), or if Tenant or any such Guarantor makes an assignment for the attachment, execution or other judicial seizure benefit of all or substantially all of Tenant’s assets located at the Premisescreditors, or admits in writing that it cannot meet its obligations as they become due;
(g) subject to Section 365 of Tenant’s interest in this Leasethe Bankruptcy Law, occursTenant or any Tenant Guarantor is adjudicated a bankrupt, and in the case of an involuntary appointment only, or Tenant or any such Guarantor institutes any proceedings under any federal or state insolvency or bankruptcy law as the same is now exists or under an amendment thereof which may hereafter be enacted, or under any other act relating to the subject of bankruptcy wherein the Tenant or any such Guarantor seeks to be adjudicated a bankrupt, or to be discharged of its debts, or to effect a plan of liquidation, composition or reorganization, or should any involuntary proceedings be filed against Tenant or any such Guarantor under any such insolvency or bankruptcy law (and such proceeding not dismissed be removed within ninety (90) days from said appointmentthereafter). If any insolvency proceedings, or such as those referred to in this Section 15.01(g), are instituted against Tenant, the Premises shall not become an asset in any such proceedings;
(5h) Tenant or any of its successors or assigns or any guarantor of this Lease Intentionally omitted; or
(“Guarantor”i) should file any voluntary petition in bankruptcy, reorganization or arrangement, or an assignment for the benefit of creditors or for similar relief under any present or future statute, law or regulation relating to relief of debtors, or (6) Tenant or any of its successors or assigns or any Guarantor should be adjudicated bankrupt or have an involuntary petition in bankruptcy, reorganization or arrangement filed against it and the same not be dismissed within ninety (90) days of the date of the filing thereof, or (7) Tenant shall permit, allow or suffer to exist any lien, judgment, writ, assessment, charge, attachment or execution upon Landlord’s or to the Premises, and/or the fixtures, improvements and furnishings located thereon, except as otherwise permitted herein; then, Tenant shall be in default hereunderIntentionally omitted.
Appears in 1 contract
Events of Default by Tenant. If It shall be an “Event of Default” under this Lease, if (1) Tenant abandons or surrenders all or any part of the Premises prior to the expiration of the Term of the Lease or (2i) Tenant fails to pay Fixed Rent or Additional Rent within five additional rent for more than seven (57) days days, after notice from Landlord thereof specifying such failure and that such failure may be an Event of delinquency, Default hereunder; or (3ii) Tenant fails to fulfill any of the terms or conditions of this Lease or any other lease heretofore made by Tenant perform its non-monetary obligations hereunder for space in the Premises and the same is not cured within more than thirty (30) days after written notice thereof from Landlord, unless together with such additional time, if any, as is reasonably required to cure the same default if the default is of such a nature that it cannot reasonably be cured within said in thirty (30) day period, in which case Tenant shall have such additional time as is reasonably necessary to cure such default, not to exceed ninety (90) days in any and all events, provided that Tenant commences such cure within said thirty (30) day period and thereafter diligently prosecutes the same to completion, days; or (4) the appointment of a trustee or a receiver to take possession of all or substantially all of Tenant’s assets occurs, or if the attachment, execution or other judicial seizure of all or substantially all of Tenant’s assets located at the Premises, or of Tenant’s interest in this Lease, occurs, and in the case of an involuntary appointment only, the same is not dismissed within ninety (90) days from said appointment, or (5iii) Tenant or makes any of its successors or assigns or any guarantor of this Lease (“Guarantor”) should file any voluntary petition in bankruptcy, reorganization or arrangement, or an assignment for the benefit of creditors creditors, or for similar relief files a petition under any present bankruptcy or future statute, insolvency law or regulation relating to relief of debtors, and such petition is not dismissed within one hundred fifty (150) days; or (6iv) if a receiver becomes entitled to Tenant’s leasehold hereunder and it is not returned to Tenant within one hundred fifty (150) days; or (v) such leasehold is taken on execution or other process of law in any action against Tenant; then, and in any such cases, Landlord and the agents and servants of Landlord may, in addition to and not in derogation of any remedies for any preceding breach of covenant, immediately or at any time thereafter while such default continues and without further notice enter into and upon the Premises or any part thereof in the name of its successors the whole or assigns or any Guarantor should be adjudicated bankrupt or have an involuntary petition mail a notice of termination addressed to Tenant at the address for notices contained in bankruptcy, reorganization or arrangement filed against it this Lease and repossess the same not as of Landlord’s former estate and expel Tenant and those claiming through or under Tenant and remove its and their effects without being deemed guilty of any manner of trespass and without prejudice to any remedies which might otherwise be dismissed used for arrears of rent or prior breach of covenant, and upon such entry or mailing as aforesaid, this Lease shall terminate. After any such termination, Tenant hereby waives all statutory rights of redemption, if any to the extent such rights may be lawfully waived, and Landlord, without notice to Tenant, may store Tenant’s effects and those of any person claiming through or under Tenant at the expense and risk of Tenant and, if Landlord so elects, may sell such effects at public auction or private sale and apply the net proceeds to the payment of all sums due to Landlord from Tenant, if any, and pay over the balance, if any, to Tenant, but only if Tenant fails to claim such effects within ninety forty-five (9045) days of the date termination of the filing thereof, or (7) Lease. If Tenant shall permitat any time default in the performance of any obligation under this Lease which default shall remain uncured after the expiration of any applicable notice and cure periods therefore and Landlord does not have notice that Tenant is disputing such obligation in good faith, allow or suffer Landlord shall have the right, but shall not the obligation, to exist any lien, judgment, writ, assessment, charge, attachment or execution enter upon Landlord’s or the Premises and to the Premises, and/or the fixtures, improvements and furnishings located thereon, except as otherwise permitted herein; then, Tenant shall be in default hereunder.perform such
Appears in 1 contract
Samples: Lease Agreement (Sonus Networks Inc)
Events of Default by Tenant. If (1) Tenant abandons The occurrence of any one or surrenders all or any part more of the Premises prior to the expiration following shall constitute an “Event of the Term of the Lease or Default” hereunder:
(2i) Tenant fails Tenant’s failure to pay any Base Rent, Percentage Rent or Additional Rent within five when due and such failure shall continue for ten (510) days after written notice from Landlord (provided that, in the case of Base Rent and Percentage Rent, Landlord shall not be obligated to provide notice on more than two (2) occasions during any twelve (12) consecutive month period prior to such payment default becoming an Event of Default);
(ii) Tenant’s failure to comply with or perform any other term or condition set forth in this Lease to be satisfied by Tenant and such failure shall continue for ninety (90) days after notice from Landlord of delinquencyto Tenant, (3) Tenant fails to fulfill any of the terms or conditions of this Lease or any other lease heretofore made by Tenant for space in the Premises and the same is not cured within thirty (30) days after written notice thereof from Landlord, unless the same case of any default which cannot reasonably be cured within said thirty such ninety (3090) day period, in which case if Tenant shall have such additional time as is reasonably necessary fails to promptly commence to cure such defaultsame or thereafter fails to prosecute the curing thereof with diligence to completion;
(iii) If Tenant or the issuer of a guaranty of Tenant’s obligations hereunder (a “Guarantor”) shall file a voluntary petition in bankruptcy or shall be adjudicated a bankrupt or insolvent, not to exceed ninety (90) days or in any and all eventsaction or proceeding shall file any petition or answer seeking reorganization, provided that Tenant commences such cure within said thirty (30) day period and thereafter diligently prosecutes the same to completionarrangement, composition, readjustment, liquidations, dissolution or similar relief under any present or future federal or state bankruptcy, reorganization or debt reduction law, or (4) shall seek or consent to or acquiesce in the appointment of a trustee any trustee, receiver or a receiver to take possession liquidator of Tenant or of said guarantor or of all or substantially all of Tenant’s assets occursor said guarantor’s property or of the Premises; and/or
(iv) If within one hundred twenty (120) days after the commencement of any proceeding against Tenant or any Guarantor seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or if similar relief under any present or future federal or state bankruptcy, reorganization or debt reduction law, such proceeding shall not have been stayed or dismissed; or if, within one hundred twenty (120) days after the attachmentappointment, execution without the consent or other judicial seizure acquiescence of Tenant or Guarantor (as applicable) or of any trustee, receiver or liquidator of Tenant or Guarantor or of all or substantially all of Tenant’s assets located at or Guarantor’s property or of the Premises, such appointment shall not have been stayed or of Tenant’s interest in this Lease, occurs, and in the case of an involuntary appointment only, the same is not dismissed vacated; or if within ninety one hundred twenty (90120) days from said appointmentafter the expiration of any such stay, or (5) Tenant or any of its successors or assigns or any guarantor of this Lease (“Guarantor”) should file any voluntary petition in bankruptcy, reorganization or arrangement, or an assignment for the benefit of creditors or for similar relief under any present or future statute, law or regulation relating to relief of debtors, or (6) Tenant or any of its successors or assigns or any Guarantor should be adjudicated bankrupt or such appointment shall not have an involuntary petition in bankruptcy, reorganization or arrangement filed against it and the same not be dismissed within ninety (90) days of the date of the filing thereof, or (7) Tenant shall permit, allow or suffer to exist any lien, judgment, writ, assessment, charge, attachment or execution upon Landlord’s or to the Premises, and/or the fixtures, improvements and furnishings located thereon, except as otherwise permitted herein; then, Tenant shall be in default hereunderbeen vacated.
Appears in 1 contract
Samples: Ground Lease (Trump Entertainment Resorts Funding Inc)
Events of Default by Tenant. If (1) Tenant abandons or surrenders all or any part Any of the Premises prior to the expiration following events shall constitute an “Event of the Term of the Lease or Default” under this Lease:
(2a) Tenant fails to pay Rent make any payment of money called for by any provision of this Lease (whether to Landlord or Additional Rent any third party) within five fifteen (515) days after delivery of written notice from by Landlord of delinquency, that the payment is past due; or
(3b) Tenant fails to fulfill perform fully and when due any of the terms its other covenants, conditions or conditions of obligations under this Lease or any other lease heretofore made by Tenant for space in the Premises and the same is not cured within thirty (30) days after written notice thereof from LandlordLandlord specifying the nature of such failure of Tenant, unless the same canTenant: (i) does not be cured within said thirty (30) day period, in which case Tenant shall have promptly commence taking all necessary and appropriate actions to remedy such additional time as is reasonably necessary to cure such default, not to exceed ninety (90) days in any and all events, provided that Tenant commences such cure within said thirty (30) day period and thereafter diligently prosecutes the same to completionfailure, or (4ii) the appointment of a trustee or a receiver to take possession of does not thereafter diligently and continuously pursue all or substantially all of Tenant’s assets occurssuch remedial actions, or if (iii) does not fully cure such failure within the attachmentminimum period of time reasonably required under the circumstances to achieve a cure, execution or other judicial seizure of all or substantially all of Tenant’s assets located at the Premises, or of Tenant’s interest but in this Lease, occurs, and in the case of an involuntary appointment only, the same is not dismissed any event within ninety (90) days from said appointmentafter Landlord’s written notice of such failure, time being strictly of the essence; provided, however, that Tenant shall not be entitled to cure the breach of any covenant that is “non-curable”; or
(c) any voluntary or (5) Tenant involuntary assignment, transfer, encumbrance or any of its successors or assigns or any guarantor subletting of this Lease occurs in violation of Section 11; or
(“Guarantor”d) should file any voluntary petition material statement or disclosure made by Tenant to Landlord in bankruptcyorder to induce Landlord to enter into this Lease is false or misleading; or
(e) any right or interest of Tenant is subjected to attachment, reorganization or arrangementexecution, or an other levy, or to seizure under legal process, which is not released within sixty (60) days; or
(f) a receiver is appointed to take possession or control of the Property, the leasehold estate of Tenant under this Lease, or Tenant’s operations on the Property for any reason, including assignment for benefit of creditors or voluntary or involuntary bankruptcy proceedings; or
(g) Tenant makes a general assignment for the benefit of creditors or for similar relief a voluntary or involuntary petition is filed by or against Tenant under any present or future statute, law or regulation relating to relief for the purpose of debtorsadjudicating Tenant a bankrupt, or (6) Tenant for extending time for payment, adjustment or any satisfaction of its successors Tenant’s liabilities, or assigns or any Guarantor should be adjudicated bankrupt or have an involuntary petition in bankruptcyfor reorganization, reorganization dissolution or arrangement filed against it on account of or to prevent bankruptcy or insolvency, unless such assignment or proceeding, and the same not be dismissed all consequent orders, adjudications, custodies and supervisions are dismissed, vacated or otherwise permanently stayed or terminated within ninety sixty (9060) days of the date of the after such assignment, filing thereof, or (7) Tenant shall permit, allow or suffer to exist any lien, judgment, writ, assessment, charge, attachment or execution upon Landlord’s or to the Premises, and/or the fixtures, improvements and furnishings located thereon, except as otherwise permitted herein; then, Tenant shall be in default hereunderother initial event.
Appears in 1 contract
Samples: Ground Lease
Events of Default by Tenant. If The occurrence of any of the following shall constitute a material default and breach of this Lease by Tenant:
(1A) The failure by Tenant abandons to pay Base Rent or surrenders all or make any part other payment required to be made by Tenant hereunder as and when due.
(B) The abandonment of the Premises prior to by Tenant or the expiration vacation of the Term Premises by Tenant for fourteen (14) consecutive days (with or without the payment of the Lease or Rent).
(2C) The making by Tenant fails to pay Rent or Additional Rent within five (5) days after notice from Landlord of delinquency, (3) Tenant fails to fulfill any of the terms or conditions assignment of this Lease or any other lease heretofore made sublease of all or part of the Premises, except as expressly permitted under Article XIV of this Lease.
(D) The failure by Tenant to observe or perform any other provision of this Lease to be observed or performed by Tenant, other than those described in Sections 15.01(A), 15.01(B) or 15.01 (C) above, if such failure continues for space in the Premises and the same is not cured within thirty (30) days after written notice thereof from Landlordby Landlord to Tenant; provided, unless however, that if the same nature of the default is such that it cannot be cured within said the thirty (30) day period, in which case Tenant no default shall have such additional time as is reasonably necessary be deemed to cure such default, not to exceed ninety (90) days in any and all events, provided that exist if Tenant commences the curing of the default promptly within such cure within said thirty (30) day period and thereafter diligently prosecutes the same to completioncompletion and achieves the same within sixty (60) days after the occurrence of such default. The thirty (30) day notice described herein shall be in lieu of, and not in addition to, any notice required under law now or hereafter in effect requiring that notice of default be given prior to the commencement of an unlawful detainer or other legal proceeding.
(4E) The making by Tenant or its Guarantor of any general assignment for the benefit of creditors, the filing by or against Tenant or its Guarantor of a petition under any federal or state bankruptcy or insolvency laws (unless, in the case of a petition filed against Tenant or its Guarantor the same is dismissed within thirty (30) days after filing); the appointment of a trustee or a receiver to take possession of all or substantially all of Tenant’s 's assets occursat the Premises or Tenant's interest in this Lease or the Premises, or if when possession is not restored to Tenant within thirty (30) days; the attachment, execution or other judicial seizure of all or substantially all of Tenant’s 's assets located at the Premises, Premises or of Tenant’s 's interest in this LeaseLease or the Premises, occurs, and in the case of an involuntary appointment only, the same if such seizure is not dismissed discharged within ninety thirty (9030) days from said appointment, days; or (5) the death or the dissolution of Tenant or any one or more of its successors or assigns or any guarantor of this Lease the Guarantors, if any.
(“Guarantor”F) should file any voluntary petition in bankruptcy, reorganization or arrangementAny material misrepresentation herein, or an assignment for the benefit of creditors material misrepresentation or for similar relief under omission in any present financial statements or future statute, law or regulation relating to relief of debtors, or (6) other materials provided by Tenant or any of its successors Guarantor in connection with negotiating or assigns entering into this Lease or in connection with any Guarantor should be adjudicated bankrupt or have an involuntary petition in bankruptcy, reorganization or arrangement filed against it and the same not be dismissed within ninety (90) days of the date of the filing thereof, or (7) Tenant shall permit, allow or suffer to exist any lien, judgment, writ, assessment, charge, attachment or execution upon Landlord’s or to the Premises, and/or the fixtures, improvements and furnishings located thereon, except as otherwise permitted herein; then, Tenant shall be in default hereunderTransfer under Section 14.01.
Appears in 1 contract
Events of Default by Tenant. If The occurrence of any of the following shall constitute a material default and breach of this Lease by Tenant:
(1A) The failure by Tenant abandons to pay Rent as and when due.
(B) The abandonment or surrenders all or any part vacation of the Premises prior by Tenant.
(C) Any prohibited Transfer under this Lease.
(D) The failure by Tenant to furnish Landlord any Subordination, Non-Disturbance and Attornment Agreement or Estoppel Certificate requested by Landlord within the expiration of the Term of the Lease time period prescribed herein.
(E) The failure by Tenant to observe or (2) Tenant fails to pay Rent or Additional Rent within five (5) days after notice from Landlord of delinquency, (3) Tenant fails to fulfill perform any of the terms or conditions other provision of this Lease or any other lease heretofore made by Tenant if such failure continues for space in the Premises and the same is not cured within thirty (30) days after written notice thereof from Landlord, unless the same cannot be cured within said by Landlord to Tenant. The thirty (30) day periodnotice described herein shall be in lieu of; and not in addition to, any notice required any other law now or hereafter in which case Tenant shall have such additional time as is reasonably necessary effect requiring that notice of default be given prior to cure such default, not to exceed ninety the commencement of a forcible entry and detainer or other legal proceeding.
(90F) days in any and all events, provided that Tenant commences such cure within said thirty (30) day period and thereafter diligently prosecutes the same to completionThe making by Tenant, or (4) if Tenant is a partnership or limited liability company by any partner or member thereof, of any general assignment for the benefit of creditors, the filing by or against Tenant or any one or more of the Guarantors, if any, of a petition under any federal or state bankruptcy or insolvency laws; the appointment of a trustee or a receiver to take possession of all or substantially all of Tenant’s 's assets occurs, at the Premises or if Tenant's interest in this Lease or the Premises; the attachment, execution or other judicial seizure of all or substantially all of Tenant’s 's assets located at the Premises, Premises or of Tenant’s 's interest in this LeaseLease or the Premises; or the death or the dissolution of Tenant or any one or more of the Guarantors, occurs, and in the case of an involuntary appointment only, the same is not dismissed within ninety if any.
(90G) days from said appointmentAny material misrepresentation herein, or material misrepresentation or omission in any financial statements or other materials provided by Tenant or any Guarantor in connection with negotiating or entering into this Lease or in connection with any Transfer under Article XIV.
(5H) Tenant's default under any other lease heretofore or hereafter made by Tenant or any of its successors Affiliates for any other space in the Project or assigns other Projects of Landlord or any guarantor of this Lease its affiliates.
(“Guarantor”I) should file any voluntary petition in bankruptcy, reorganization or arrangement, or an assignment for the benefit of creditors or for similar relief A default under any present or future statute, law or regulation relating guaranty executed and delivered by Guarantor to relief Landlord with respect to any obligation(s) of debtors, or (6) Tenant or any of its successors or assigns or any Guarantor should be adjudicated bankrupt or have an involuntary petition in bankruptcy, reorganization or arrangement filed against it and the same not be dismissed within ninety (90) days of the date of the filing thereof, or (7) Tenant shall permit, allow or suffer to exist any lien, judgment, writ, assessment, charge, attachment or execution upon Landlord’s or to the Premises, and/or the fixtures, improvements and furnishings located thereon, except as otherwise permitted herein; then, Tenant shall be in default hereunderunder this Lease.
Appears in 1 contract
Events of Default by Tenant. If The occurrence of any of the following shall constitute a material default and breach of this Lease by Tenant:
(1A) The failure by Tenant abandons to pay Base Rent or surrenders all or make any part other payment required to be made by Tenant hereunder as and when due.
(B) The abandonment of the Premises prior to by Tenant or the expiration vacation of the Term Premises by Tenant for fourteen (14) consecutive days (with or without the payment of the Lease or Rent).
(2C) The making by Tenant fails to pay Rent or Additional Rent within five (5) days after notice from Landlord of delinquency, (3) Tenant fails to fulfill any of the terms or conditions assignment of this Lease or any other lease heretofore made sublease of all or part of the Premises, except as expressly permitted under Article XIV of this Lease.
(D) The failure by Tenant to observe or perform any other provision of this Lease to be observed or performed by Tenant, other than those described in Sections 15.01(A), 15.01(B) or 15.01(C) above, if such failure continues for space in the Premises and the same is not cured within thirty fifteen (3015) days after written notice thereof from Landlordby Landlord to Tenant; provided, unless however, that if the same nature of the default is such that it cannot be cured within said thirty the fifteen (3015) day period, in which case Tenant no default shall have such additional time as is reasonably necessary to cure such default, not to exceed ninety (90) days in any and all events, provided that exist if Tenant commences such cure the curing of the default within said thirty the fifteen (3015) day period and thereafter diligently prosecutes the same to completion. The fifteen (15) day notice described herein shall be in lieu of, and not in addition to, any notice required under Section 1161 of the California Civil Code of Procedure or any other law now or hereafter in effect requiring that notice of default be given prior to the commencement of an unlawful detainer or other legal proceeding.
(4E) The making by Tenant or its Guarantor of any general assignment for the benefit of creditors, the filing by or against Tenant or its Guarantor of a petition under any federal or state bankruptcy or insolvency laws (unless, in the case of a petition filed against Tenant the same is dismissed within sixty (60) days after filing); the appointment of a trustee or a receiver to take possession of all or substantially all of Tenant’s assets occursat the Premises or Tenant’s interest in this Lease or the Premises, when possession is not restored to Tenant within sixty (60) days; or if the attachment, execution or other judicial seizure of all or substantially all of Tenant’s assets located at the Premises, Premises or of Tenant’s interest in this LeaseLease or the Premises, occurs, and in the case of an involuntary appointment only, the same if such seizure is not dismissed discharged within ninety sixty (9060) days from said appointmentdays.
(F) Any material misrepresentation herein, or (5) material misrepresentation or omission in any financial statements or other materials provided by Tenant or any of its successors Guarantor in connection with negotiating or assigns or any guarantor of entering into this Lease (“Guarantor”) should file or in connection with any voluntary petition in bankruptcy, reorganization or arrangement, or an assignment for the benefit of creditors or for similar relief Transfer under any present or future statute, law or regulation relating to relief of debtors, or (6) Tenant or any of its successors or assigns or any Guarantor should be adjudicated bankrupt or have an involuntary petition in bankruptcy, reorganization or arrangement filed against it and the same not be dismissed within ninety (90) days of the date of the filing thereof, or (7) Tenant shall permit, allow or suffer to exist any lien, judgment, writ, assessment, charge, attachment or execution upon Landlord’s or to the Premises, and/or the fixtures, improvements and furnishings located thereon, except as otherwise permitted herein; then, Tenant shall be in default hereunderSection 14.01.
Appears in 1 contract
Events of Default by Tenant. If (1) Tenant abandons Any one or surrenders all or any part more of the Premises prior following shall constitute an event of default by Tenant hereunder (“Event of Default”):
(a) If Tenant shall fail to pay when due any payment due under the expiration of the Term of the Lease or (2) Transaction Documents and Tenant fails to pay Rent or Additional Rent such amount within five (5) days after Landlord gives Tenant notice from Landlord of delinquencysuch default;
(b) If Tenant shall fail to perform, (3) Tenant fails to fulfill observe or comply with any of the terms terms, covenants, conditions or conditions provisions contained in any of the Transaction Documents beyond the time periods for curing the same as set forth therein;
(c) If any representation or warranty of Tenant in any of the Transaction Documents was false in any material respect when made, or if Tenant makes or renders any statement or account that is false in any material respect;
(i) If the Property is abandoned; or (ii) subject to force majeure as provided in Section 6.06 of this Lease Agreement, or if the Tenant Improvement Work is not carried on diligently;
(e) If Tenant shall agree to, or execute, any assignment, pledge, hypothecation or encumbrance of any of the Transaction Documents or any other lease heretofore made by Tenant for space rights thereunder or of any Disbursement hereunder without Landlord’s prior consent; or
(f) If a writ of execution or attachment or any similar process shall be issued or levied against all or any part of or interest in the Premises Property or any judgment involving monetary damages shall be entered against Tenant which shall become a lien on the Land or the Improvements or any portion thereof or interest therein and the same such execution, attachment or similar process or judgment is not cured released, bonded, satisfied, vacated or stayed within thirty sixty (3060) days after its entry or levy. With respect to any Event of Default described in Subsections (b) and (d)(ii) above, if such Event of Default does not involve the payment of any monetary sum, is not willful or intentional, does not place any rights or property of Landlord in immediate jeopardy, does not stop or threaten to stop the Tenant Improvement Work, and is within the reasonable power of Tenant to cure, Landlord shall not exercise any of its remedies pursuant to Section 5.02 below unless Landlord shall have first given Tenant written notice thereof from Landlord, unless the same canof such Event of Default and such Event of Default shall not be have been cured within said thirty five (305) day perioddays after such notice, in which case Tenant shall have or within such additional time as is may be reasonably necessary for Tenant to cure such default, not to exceed ninety Event of Default (90but in no event more than 30 days) days in any and all events, provided that Tenant commences is diligently pursuing a cure of such cure within said thirty (30) day period and thereafter diligently prosecutes the same to completion, or (4) the appointment Event of a trustee or a receiver to take possession of all or substantially all of Tenant’s assets occurs, or if the attachment, execution or other judicial seizure of all or substantially all of Tenant’s assets located at the Premises, or of Tenant’s interest in this Lease, occurs, and in the case of an involuntary appointment only, the same is not dismissed within ninety (90) days from said appointment, or (5) Tenant or any of its successors or assigns or any guarantor of this Lease (“Guarantor”) should file any voluntary petition in bankruptcy, reorganization or arrangement, or an assignment for the benefit of creditors or for similar relief under any present or future statute, law or regulation relating to relief of debtors, or (6) Tenant or any of its successors or assigns or any Guarantor should be adjudicated bankrupt or have an involuntary petition in bankruptcy, reorganization or arrangement filed against it and the same not be dismissed within ninety (90) days of the date of the filing thereof, or (7) Tenant shall permit, allow or suffer to exist any lien, judgment, writ, assessment, charge, attachment or execution upon Landlord’s or to the Premises, and/or the fixtures, improvements and furnishings located thereon, except as otherwise permitted herein; then, Tenant shall be in default hereunderDefault.
Appears in 1 contract
Samples: Lease Agreement
Events of Default by Tenant. If (1) Tenant abandons or surrenders all or any part of the Premises prior to the expiration of the Term of the Lease or (2) Tenant fails to pay Rent or Additional Rent within five (5) days after notice from Landlord of delinquency, (3) Tenant fails to fulfill any of the terms or conditions of this Lease or any other lease heretofore made by Tenant for space in the Premises and the same is not cured within thirty (30) days after written notice thereof from Landlord, unless the same cannot be cured within said thirty (30) day period, ; in which case Tenant shall have such additional time as is reasonably necessary to cure such default, not to exceed ninety (90) days in any and all events, provided that Tenant commences such cure within said thirty (30) day period and thereafter diligently prosecutes the same to completion, or (4) the appointment of a trustee or a receiver to take possession of all or substantially all of Tenant’s assets occurs, or if the attachment, execution or other judicial seizure of all or substantially all of Tenant’s assets located at the Premises, or of Tenant’s interest in this Lease, occurs, and in the case of an involuntary appointment only, the same is not dismissed within ninety (90) days from said appointment, or (5) Tenant or any of its successors or assigns or any guarantor of this Lease (“Guarantor”) should file any voluntary petition in bankruptcy, reorganization or arrangement, or an assignment for the benefit of creditors or for similar relief under any present or future statute, law or regulation relating to relief of debtors, or (6) Tenant or any of its successors or assigns or any Guarantor should be adjudicated bankrupt or have an involuntary petition in bankruptcy, reorganization or arrangement filed against it and the same not be dismissed within ninety (90) days of the date of the filing thereof, or (7) Tenant shall permit, allow or suffer to exist any lien, judgment, writ, assessment, charge, attachment or execution upon Landlord’s or to the Premises, and/or the fixtures, improvements and furnishings located thereon, except as otherwise permitted herein; then, Tenant shall be in default hereunder.
Appears in 1 contract
