Events of Defaults and Remedies. (a) Each of the following specified events shall constitute an “Event of Default”: (1) default in any payment of interest on any Loan or Note or any fee or other amount (other than any amount referred to in clause (2) of this paragraph (a)) payable under this Agreement or any other Loan Document when due and continued for 30 days; (2) default in any payment (at maturity, upon redemption or required repurchase, upon declaration of acceleration or otherwise) of the principal of any Loan or Note when due and continued for 3 days; (3) failure by any Loan Party to comply with Section 7.14; (4) failure by any Loan Party for 60 days after notice to such Borrower by the Administrative Agent to comply with any covenant or agreement (other than a default referred to in clauses (1), (2) and (3) above); (5) default under any mortgage, indenture or instrument under which there is issued or by which there is secured or evidenced any Indebtedness for money borrowed by or Hedging Obligations of any Loan Party (or the payment of which is guaranteed by any Loan Party), whether such Indebtedness or guarantee now exists or is created after the Effective Date, if that default: (a) is caused by a failure to pay principal of, or interest or premium, if any, on, such Indebtedness for money borrowed or Hedging Obligation prior to the expiration of the grace period provided in such Indebtedness on the date of such default (a “Payment Default”); or (b) results in the acceleration of such Indebtedness for money borrowed or the termination of such Hedging Obligation, in each case prior to its Stated Maturity, and, in either case, the principal amount of any such Indebtedness, together with the principal amount of any other such Indebtedness under which there has been a Payment Default or the maturity of which has been so accelerated, aggregates $25,000,000 or more (provided that for the purposes of the foregoing determination the amount of any Hedging Obligation shall be the amount of all payments that a Loan Party is required to make as a result of such termination with such payments being calculated subject to and in accordance with any netting provisions in the agreements documenting such Hedging Obligation); provided, however, that if any such default is cured or waived or any such acceleration rescinded, or such Indebtedness is repaid, within a period of 60 days from the continuation of such default beyond the applicable grace period or the occurrence of such acceleration, as the case may be, such Event of Default and any consequential acceleration of the Loans shall be automatically rescinded, so long as such rescission does not conflict with any judgment or decree; (6) failure by any Loan Party to pay final judgments entered by a court or courts of competent jurisdiction aggregating in excess of $25,000,000 (exclusive of any amounts that an insurance company has acknowledged liability for), which judgments are not discharged or waived and there shall have been a period of 60 consecutive days or more during which a stay of enforcement of such judgment, order or decree (by reason of pending appeal, waiver or otherwise) shall not have been in effect; (7) the repudiation by any Loan Party of any of its obligations under the Collateral Agreements or the unenforceability of the Collateral Agreements against any Loan Party for any reason; (8) the pledge of the Equity Interests of any of Operating, Capricorn Holdings or SDLP, other than to the Collateral Agent for the benefit of the Secured Parties; (9) except as permitted by this Agreement or any Loan Guarantee, any Loan Guarantee is held in any judicial proceeding to be unenforceable or invalid or ceases for any reason to be in full force and effect, or any Guarantor, or any Person duly acting on behalf of any Guarantor, denies or disaffirms its obligations under its Loan Guarantee; (10) any Loan Party takes any of the following actions, pursuant to or within the meaning of any Debtor Relief Law: (a) commences a voluntary case, (b) consents in writing to the entry of an order for relief against it in an involuntary case, (c) consents in writing to the appointment of a Custodian of it or for all or substantially all of its property, (d) makes a general assignment for the benefit of its creditors, or (e) admits in writing it generally is not paying its debts as they become due; or (f) a court of competent jurisdiction enters an order or decree under any Debtor Relief Law, which order or decree remains unstayed and in effect for 60 consecutive days, that:
Appears in 1 contract
Events of Defaults and Remedies. (a) Each of the following specified events shall constitute an “Event of Default”:
(1) default in any payment of interest on any Loan or Note or any fee or other amount (other than any amount referred to in clause (2) of this paragraph (a)) payable under this Agreement or any other Loan Document when due and continued for 30 days;
(2) default in any payment (at maturity, upon redemption or required repurchase, upon declaration of acceleration or otherwise) of the principal of any Loan or Note when due and continued for 3 days;
(3) failure by any Loan Party to comply with Section 7.14;
(4) failure by any Loan Party for 60 days after notice to such Borrower by the Administrative Agent to comply with any covenant or agreement (other than a default referred to in clauses (1), (2) and (3) above);
(5) default under any mortgage, indenture or instrument under which there is issued or by which there is secured or evidenced any Indebtedness for money borrowed by or Hedging Obligations of any Loan Party (or the payment of which is guaranteed by any Loan Party), whether such Indebtedness or guarantee now exists or is created after the Restatement Effective Date, if that default:
(a) is caused by a failure to pay principal of, or interest or premium, if any, on, such Indebtedness for money borrowed or Hedging Obligation prior to the expiration of the grace period provided in such Indebtedness on the date of such default (a “Payment Default”); or
(b) results in the acceleration of such Indebtedness for money borrowed or the termination of such Hedging Obligation, in each case prior to its Stated Maturity, and, in either case, the principal amount of any such Indebtedness, together with the principal amount of any other such Indebtedness under which there has been a Payment Default or the maturity of which has been so accelerated, aggregates $25,000,000 or more (provided that for the purposes of the foregoing determination the amount of any Hedging Obligation shall be the amount of all payments that a Loan Party is required to make as a result of such termination with such payments being calculated subject to and in accordance with any netting provisions in the agreements documenting such Hedging Obligation); provided, however, that if any such default is cured or waived or any such acceleration rescinded, or such Indebtedness is repaid, within a period of 60 days from the continuation of such default beyond the applicable grace period or the occurrence of such acceleration, as the case may be, such Event of Default and any consequential acceleration of the Loans shall be automatically rescinded, so long as such rescission does not conflict with any judgment or decree;
(6) failure by any Loan Party to pay final judgments entered by a court or courts of competent jurisdiction aggregating in excess of $25,000,000 (exclusive of any amounts that an insurance company has acknowledged liability for), which judgments are not discharged or waived and there shall have been a period of 60 consecutive days or more during which a stay of enforcement of such judgment, order or decree (by reason of pending appeal, waiver or otherwise) shall not have been in effect;
(7) the repudiation by any Loan Party of any of its obligations under the Collateral Agreements or the unenforceability of the Collateral Agreements against any Loan Party for any reason;
(8) the pledge of the Equity Interests of any of Operating, Capricorn Holdings or SDLP, other than to the Collateral Agent for the benefit of the Secured Parties;
(9) except as permitted by this Agreement or any Loan Guarantee, any Loan Guarantee is held in any judicial proceeding to be unenforceable or invalid or ceases for any reason to be in full force and effect, or any Guarantor, or any Person duly acting on behalf of any Guarantor, denies or disaffirms its obligations under its Loan Guarantee;
(10) any Loan Party takes any of the following actions, pursuant to or within the meaning of any Debtor Relief Law:
(a) commences a voluntary case,
(b) consents in writing to the entry of an order for relief against it in an involuntary case,
(c) consents in writing to the appointment of a Custodian of it or for all or substantially all of its property,
(d) makes a general assignment for the benefit of its creditors, or
(e) admits in writing it generally is not paying its debts as they become due; or
(f) a court of competent jurisdiction enters an order or decree under any Debtor Relief Law, which order or decree remains unstayed and in effect for 60 consecutive days, that:
(i) is for relief against any Loan Party in an involuntary case;
(ii) appoints a Custodian (1) of any Loan Party or (2) for all or substantially all of the property of any Loan Party; or
(iii) orders the liquidation of any Loan Party;
Appears in 1 contract
Events of Defaults and Remedies. (a) Each 8.1 Default by TessPay Services or the ACP Carrier The occurrence of any one or more of the following specified events shall will constitute an “Event of Default”:
(1) default in any payment of interest on any Loan or Note or any fee or other amount (other than any amount referred to in clause (2) of this paragraph (a)) payable under this Agreement or any other Loan Document when due and continued for 30 days;
(2) default in any payment (at maturity, upon redemption or required repurchase, upon declaration of acceleration or otherwise) of the principal of any Loan or Note when due and continued for 3 days;
(3) failure a Default by any Loan Party to comply with Section 7.14;
(4) failure by any Loan Party for 60 days after notice to such Borrower by the Administrative Agent to comply with any covenant or agreement (other than a default referred to in clauses (1), (2) and (3) above);
(5) default under any mortgage, indenture or instrument under which there is issued or by which there is secured or evidenced any Indebtedness for money borrowed by or Hedging Obligations of any Loan Party (or the payment of which is guaranteed by any Loan either Party), whether such Indebtedness or guarantee now exists or is created after the Effective Date, if that default:
(a) is caused by a failure to pay principal of, or interest or premium, if any, on, such Indebtedness for money borrowed or Hedging Obligation prior to the expiration of the grace period provided in such Indebtedness on the date of such default (a “Payment Default”); or
(b) results in the acceleration of such Indebtedness for money borrowed or the termination of such Hedging Obligation, in each case prior to its Stated Maturity, and, in either case, the principal amount of any such Indebtedness, together with the principal amount of any other such Indebtedness under which there has been a Payment Default or the maturity of which has been so accelerated, aggregates $25,000,000 or more (provided that for the purposes of the foregoing determination the amount of any Hedging Obligation shall be the amount of all payments that a Loan Party is required to make as a result of such termination with such payments being calculated subject to and in accordance with any netting provisions in the agreements documenting such Hedging Obligation); provided, however, that if any such default is cured or waived or any such acceleration rescinded, or such Indebtedness is repaid, within a period of 60 days from the continuation of such default beyond the applicable grace period or the occurrence of such acceleration, as the case may be, such under this Agreement but will not be considered an Event of Default and any consequential acceleration if such Default is remedied prior to the expiry of the Loans shall be automatically rescinded, so long relevant notice period (if any) and the relevant cure period (if any) applicable to such Default as such rescission does not conflict with any judgment or decree;
(6) failure by any Loan Party to pay final judgments entered by a court or courts of competent jurisdiction aggregating in excess of $25,000,000 (exclusive of any amounts that an insurance company has acknowledged liability for), which judgments are not discharged or waived and there shall have been a period of 60 consecutive days or more during which a stay of enforcement of such judgment, order or decree (by reason of pending appeal, waiver or otherwise) shall not have been in effect;
(7) the repudiation by any Loan Party of any of its obligations under the Collateral Agreements or the unenforceability of the Collateral Agreements against any Loan Party for any reason;
(8) the pledge of the Equity Interests of any of Operating, Capricorn Holdings or SDLP, other than to the Collateral Agent for the benefit of the Secured Parties;
(9) except as permitted by this Agreement or any Loan Guarantee, any Loan Guarantee is held in any judicial proceeding to be unenforceable or invalid or ceases for any reason to be in full force and effect, or any Guarantor, or any Person duly acting on behalf of any Guarantor, denies or disaffirms its obligations under its Loan Guarantee;
(10) any Loan Party takes any of the following actions, pursuant to or within the meaning of any Debtor Relief Lawhereinafter set out:
(a) commences if either Party fails, in any material respect, to perform or observe any of its material obligations under this Agreement and such failure continues unremedied for a voluntary case,period of ten (10) days following notice thereof (giving particulars of the failure in reasonable detail) from either Party to the other Party hereto, as the case may be, or such longer period as may be reasonably necessary to cure such failure (if such failure is capable of being cured); provided that:
(i) the defaulting Party, as the case may be, proceeds with all due diligence to cure or cause to be cured such failure; and
(ii) its proceedings can be reasonably expected to cure or cause to be cured such failure within a reasonable time frame acceptable to the non-defaulting Party, acting reasonably, provided that Defaults relating to failures that are incapable of being cured will not give rise to a right to terminate this Agreement if the defaulting Party proceeds with all due diligence to prevent such failures from recurring and the defaulting Party’s proceedings can reasonably be expected to prevent such failures from recurring within a time frame acceptable to the non- defaulting Party, acting reasonably;
(b) consents in writing if the ACP Carrier misuses a TessPay Inc. Mark or other Intellectual Property Rights of TessPay Inc. and fails to cure such misuse within five (5) Business Days of the entry sending of an order for relief against it in an involuntary case,notice of Default;
(c) consents in writing to if:
(i) any proceedings are commenced or taken for the appointment dissolution, liquidation or winding-up of a Custodian of it either Party or for all or substantially all the suspension of its property,
(d) makes a general assignment for the benefit operations of its creditors, or
(e) admits in writing it generally is not paying its debts as they become dueeither Party; or
(fii) a decree or order of a court having jurisdiction is entered adjudging a Party bankrupt or insolvent, or approving as properly filed a petition seeking a winding-up or arrangement or compromise of competent jurisdiction enters an order a Party under the Delaware Code Title 8, Chapter 1, Subchapter X or decree any other bankruptcy, insolvency or analogous law or if a trustee, receiver, receiver and manager, interim receiver, monitor, custodian or other Person with similar powers is appointed in respect of a Party or in respect of all or a substantial portion of its property or assets; or
(iii) this Agreement will be deemed to have been terminated in accordance with the provisions of Section 7.2 promptly on the occurrence of any such event; or
(iv) there is a change in the financial condition, business or affairs of TessPay Services or the ACP Carrier that has a material and adverse effect on the ability of TessPay Services or the ACP Carrier to meet its obligations under any Debtor Relief Law, which order or decree remains unstayed and in effect for 60 consecutive days, that:this Agreement.
Appears in 1 contract
Samples: Acp Program Platform Services Agreement (Tesspay Inc.)
Events of Defaults and Remedies. (a) Each of the following specified events shall constitute an “Event of Default”:
(1) default in any payment of interest on any Loan or Note or any fee or other amount (other than any amount referred to in clause (2) of this paragraph (a)) payable under this Agreement or any other Loan Document when due and continued for 30 days;
(2) default in any payment (at maturity, upon redemption or required repurchase, upon declaration of acceleration or otherwise) of the principal of any Loan or Note when due and continued for 3 days;
(3) failure by any Loan Party to comply with Section 7.14;
(4) failure by any Loan Party for 60 days after notice to such Borrower by the Administrative Agent to comply with any covenant or agreement (other than a default referred to in clauses (1), (2) and (3) above);
(5) default under any mortgage, indenture or instrument under which there is issued or by which there is secured or evidenced any Indebtedness for money borrowed by or Hedging Obligations of any Loan Party (or the payment of which is guaranteed by any Loan Party), whether such Indebtedness or guarantee now exists or is created after the Restatement Effective Date, if that default:
(a) is caused by a failure to pay principal of, or interest or premium, if any, on, such Indebtedness for money borrowed or Hedging Obligation prior to the expiration of the grace period provided in such Indebtedness on the date of such default (a “Payment Default”); or
(b) results in the acceleration of such Indebtedness for money borrowed or the termination of such Hedging Obligation, in each case prior to its Stated Maturity, and, in either case, the principal amount of any such Indebtedness, together with the principal amount of any other such Indebtedness under which there has been a Payment Default or the maturity of which has been so accelerated, aggregates $25,000,000 or more (provided that for the purposes of the foregoing determination the amount of any Hedging Obligation shall be the amount of all payments that a Loan Party is required to make as a result of such termination with such payments being calculated subject to and in accordance with any netting provisions in the agreements documenting such Hedging Obligation); provided, however, that if any such default is cured or waived or any such acceleration rescinded, or such Indebtedness is repaid, within a period of 60 days from the continuation of such default beyond the applicable grace period or the occurrence of such acceleration, as the case may be, such Event of Default and any consequential acceleration of the Loans shall be automatically rescinded, so long as such rescission does not conflict with any judgment or decree;
(6) failure by any Loan Party to pay final judgments entered by a court or courts of competent jurisdiction aggregating in excess of $25,000,000 (exclusive of any amounts that an insurance company has acknowledged liability for), which judgments are not discharged or waived and there shall have been a period of 60 consecutive days or more during which a stay of enforcement of such judgment, order or decree (by reason of pending appeal, waiver or otherwise) shall not have been in effect;
(7) the repudiation by any Loan Party of any of its obligations under the Collateral Agreements or the unenforceability of the Collateral Agreements against any Loan Party for any reason;
(8) the pledge of the Equity Interests of any of Operating, Capricorn Holdings or SDLP, other than to the Collateral Agent for the benefit of the Secured Parties;
(9) except as permitted by this Agreement or any Loan Guarantee, any Loan Guarantee is held in any judicial proceeding to be unenforceable or invalid or ceases for any reason to be in full force and effect, or any Guarantor, or any Person duly acting on behalf of any Guarantor, denies or disaffirms its obligations under its Loan Guarantee;
(10) any Loan Party takes any of the following actions, pursuant to or within the meaning of any Debtor Relief Law:
(a) commences a voluntary case,
(b) consents in writing to the entry of an order for relief against it in an involuntary case,
(c) consents in writing to the appointment of a Custodian of it or for all or substantially all of its property,
(d) makes a general assignment for the benefit of its creditors, or
(e) admits in writing it generally is not paying its debts as they become due; or
(f) a court of competent jurisdiction enters an order or decree under any Debtor Relief Law, which order or decree remains unstayed and in effect for 60 consecutive days, that:
Appears in 1 contract
Events of Defaults and Remedies. (a) Each If (i) the City shall fail (A) to pay any Rental Payment payable hereunder when the same becomes due and payable, time being expressly declared to be of the following specified events shall constitute an “Event of Default”:
essence in this Lease Agreement, or (1B) default in any payment of interest on any Loan to keep, observe or Note or any fee or other amount (other than any amount referred to in clause (2) of this paragraph (a)) payable under this Agreement or perform any other Loan Document when due and term, covenant or condition contained herein to be kept or performed by the City, if such failure shall have continued for a period of 30 days;
(2) default in any payment (at maturitydays after written notice thereof, upon redemption specifying such failure and requiring the same to be remedied, shall have been given to the City by the Trustee or required repurchasethe Insurer, upon declaration the Authority, or the Owners of acceleration or otherwise) not less than 5% of the principal of any Loan or Note when due and continued for 3 days;
(3) failure by any Loan Party to comply with Section 7.14;
(4) failure by any Loan Party for 60 days after notice to such Borrower by the Administrative Agent to comply with any covenant or agreement (other than a default referred to in clauses (1), (2) and (3) above);
(5) default under any mortgage, indenture or instrument under which there is issued or by which there is secured or evidenced any Indebtedness for money borrowed by or Hedging Obligations of any Loan Party (or the payment of which is guaranteed by any Loan Party), whether such Indebtedness or guarantee now exists or is created after the Effective Date, if that default:
(a) is caused by a failure to pay principal of, or interest or premium, if any, on, such Indebtedness for money borrowed or Hedging Obligation prior to the expiration of the grace period provided in such Indebtedness on the date of such default (a “Payment Default”); or
(b) results in the acceleration of such Indebtedness for money borrowed or the termination of such Hedging Obligation, in each case prior to its Stated Maturity, and, in either case, the aggregate principal amount of any such Indebtedness, together with the principal amount of any other such Indebtedness under which there has been a Payment Default or Bonds at the maturity of which has been so accelerated, aggregates $25,000,000 or more (provided that for the purposes of the foregoing determination the amount of any Hedging Obligation shall be the amount of all payments that a Loan Party is required to make as a result of such termination with such payments being calculated subject to and in accordance with any netting provisions in the agreements documenting such Hedging Obligation)time Outstanding; provided, however, that if any the failure stated in the notice can be corrected, but not within such default 30 day period, such failure shall not constitute a Lease Default Event hereunder if corrective action is cured or waived instituted by the City within such 30 day period, the Insurer consents in writing to an extended period of time, and the City shall thereafter diligently and in good faith cure such failure in a reasonable period of time, provided, further, that, unless consented to by the Trustee and the Insurer, such period of time shall not exceed 180 days, (ii) except as otherwise provided in Article VIII hereof, the City’s interest in this Lease Agreement or any such acceleration rescindedpart thereof be assigned or transferred, either voluntarily or by operation of law or otherwise, (iii) the City or the Authority shall commence a voluntary case under Title 11 of the United States Code or any substitute or successor statute, or (iv) the City shall fail to observe and perform any of the covenants, agreements or conditions on its part in the Indenture contained, if such Indebtedness is repaid, within failure shall have continued for a period of 60 30 days from after written notice thereof, specifying such failure and requiring the continuation of such default beyond the applicable grace period or the occurrence of such accelerationsame to be remedied, as the case may be, such Event of Default and any consequential acceleration of the Loans shall be automatically rescinded, so long as such rescission does not conflict with any judgment or decree;
(6) failure by any Loan Party to pay final judgments entered by a court or courts of competent jurisdiction aggregating in excess of $25,000,000 (exclusive of any amounts that an insurance company has acknowledged liability for), which judgments are not discharged or waived and there shall have been given to the City by the Trustee or the Insurer, the Authority or the Owners of not less than 5% of the aggregate principal amount of the Bonds at the time Outstanding; provided, however, that if the failure stated in the notice can be corrected, but not within such 30 day period, such failure shall not constitute a Lease Default Event hereunder if corrective action is instituted by the City within such 30 day period, the Insurer consents in writing to an extended period of 60 consecutive days or more during which time, and the City shall thereafter diligently and in good faith cure such failure in a stay reasonable period of enforcement time, provided, further, that, unless consented to by the Trustee and the Insurer, such period of such judgment, order or decree (by reason of pending appeal, waiver or otherwise) time shall not have been in effect;
(7) the repudiation by any Loan Party of any of its obligations exceed 180 days, such failure or event shall constitute a Lease Default Event under the Collateral Agreements or the unenforceability of the Collateral Agreements against any Loan Party for any reason;
(8) the pledge of the Equity Interests of any of Operating, Capricorn Holdings or SDLP, other than to the Collateral Agent for the benefit of the Secured Parties;
(9) except as permitted by this Agreement or any Loan Guarantee, any Loan Guarantee is held in any judicial proceeding to be unenforceable or invalid or ceases for any reason to be in full force and effect, or any Guarantor, or any Person duly acting on behalf of any Guarantor, denies or disaffirms its obligations under its Loan Guarantee;
(10) any Loan Party takes any of the following actions, pursuant to or within the meaning of any Debtor Relief Law:
(a) commences a voluntary case,Lease Agreement.
(b) consents Upon the occurrence of any Lease Default Event hereunder, the Authority, in writing addition to all other rights and remedies it may have at law, shall have the option to do any of the following:
(i) To terminate this Lease Agreement in the manner hereinafter provided on account of such Lease Default Event, notwithstanding any re-entry or re-letting of the Property as hereinafter provided for in subparagraph (ii) hereof, and to re-enter the Property and remove all persons in possession thereof and all personal property whatsoever situated upon the Property and place such personal property in storage in any warehouse or other suitable place, for the account of and at the expense of the City. In the event of such termination, the City agrees to surrender immediately possession of the Property, without let or hindrance, and to pay the Authority all damages recoverable at law that the Authority may incur by reason of such Lease Default Event, including, without limitation, any costs, loss or damage whatsoever arising out of, in connection with, or incident to any such re- entry upon the Property and removal and storage of such property by the Authority or its duly authorized agents in accordance with the provisions herein contained. Neither notice to pay Rental Payments or to deliver up possession of the Property given pursuant to law nor any entry or re-entry by the Authority nor any proceeding in unlawful detainer, or otherwise, brought by the Authority for the purpose of effecting such re-entry or obtaining possession of the Property nor the appointment of a receiver upon initiative of the Authority to protect the Authority’s interest under this Lease Agreement shall of itself operate to terminate this Lease Agreement, and no termination of this Lease Agreement on account of a Lease Default Event hereunder shall be or become effective by operation of law or acts of the parties hereto, or otherwise, unless and until the Authority shall have given written notice to the City of the election on the part of the Authority to terminate this Lease Agreement. The City covenants and agrees that no surrender of the Property or of the remainder of the term hereof or any termination of this Lease Agreement shall be valid in any manner or for any purpose whatsoever unless stated by the Authority by such written notice.
(ii) Without terminating this Lease Agreement, (A) to collect each installment of Rental Payments as the same become due and enforce any other terms or provisions hereof to be kept or performed by the City, regardless of whether or not the City has abandoned the Property, or (B) to exercise any and all rights of entry and re-entry upon the Property. In the event the Authority does not elect to terminate this Lease Agreement in the manner provided for in subparagraph (i) hereof, the City shall remain liable and agrees to keep or perform all covenants and conditions herein contained to be kept or performed by the City and, if the Property is not re-let, to pay the full amount of an order the Rental Payments to the end of the term of this Lease Agreement or, in the event that the Property is re-let, to pay any deficiency in Rental Payments that results therefrom; and further agrees to pay said Rental Payments and/or Rental Payment deficiency punctually at the same time and in the same manner as hereinabove provided for relief against it the payment of Rental Payments hereunder, notwithstanding the fact that the Authority may have received in an involuntary case,previous years or may receive thereafter in subsequent years Rental Payments in excess of the Rental Payments herein specified, and notwithstanding any entry or re-entry by the Authority or suit in unlawful detainer, or otherwise, brought by the Authority for the purpose of effecting such re-entry or obtaining possession of the Property. Should the Authority elect to re-enter as herein provided, the City hereby irrevocably appoints the Authority as the agent and attorney-in-fact of the City to re-let the Property, or any part thereof, from time to time, either in the Authority’s name or otherwise, upon such terms and conditions and for such use and period as the Authority may deem advisable and to remove all persons in possession thereof and all personal property whatsoever situated upon the Property and to place such personal property in storage in any warehouse or other suitable place, for the account of and at the expense of the City, and the City hereby indemnifies and agrees to save harmless the Authority from any costs, loss or damage whatsoever arising out of, in connection with, or incident to any such re-entry upon and re-letting of the Property and removal and storage of such property by the Authority or its duly authorized agents in accordance with the provisions herein contained. The City agrees that the terms of this Lease Agreement constitute full and sufficient notice of the right of the Authority to re-let the Property in the event of such re-entry without effecting a surrender of this Lease Agreement, and further agrees that no acts of the Authority in effecting such re-letting shall constitute a surrender or termination of this Lease Agreement irrespective of the use or the term for which such re-letting is made or the terms and conditions of such re-letting, or otherwise, but that, on the contrary, upon the occurrence of a Lease Default Event hereunder, the right to terminate this Lease Agreement shall vest in the Authority to be effected in the sole and exclusive manner provided for in subparagraph (i) hereof. The City further agrees to pay the Authority the cost of any alterations or additions to the Property necessary to place the Property in condition for re-letting immediately upon notice to the City of the completion and installation of such additions or alterations. The City hereby waives any and all claims for damages caused or that may be caused by the Authority in re-entering and taking possession of the Property as herein provided and all claims for damages that may result from the destruction of or injury to the Property and all claims for damages to or loss of any property belonging to the City, or any other person, that may be in or upon the Property.
(c) consents in writing In addition to the appointment other remedies set forth in this Section, upon the occurrence of a Custodian Lease Default Event hereunder, the Authority shall be entitled to proceed to protect and enforce the rights vested in the Authority by this Lease Agreement or by law. The provisions of it or for all or substantially all this Lease Agreement and the duties of the City and of its property,
(d) makes a general assignment for board, officers or employees shall be enforceable by the benefit of its creditorsAuthority by mandamus or other appropriate suit, or
(e) admits action or proceeding in writing it generally is not paying its debts as they become due; or
(f) a any court of competent jurisdiction enters an order or decree under any Debtor Relief Lawjurisdiction. Without limiting the generality of the foregoing, which order or decree remains unstayed and in effect for 60 consecutive days, thatthe Authority shall have the right to bring the following actions:
Appears in 1 contract
Samples: Lease Agreement