Common use of Events of Defaults Clause in Contracts

Events of Defaults. The occurrence of any of the following events shall, at Landlord's option, constitute an "Event of Default": 13.1.1. Vacation or abandonment of the Premises for a period of thirty (30) consecutive days, and Tenant waives any right to notice Tenant may have under applicable law; 13.1.2. Failure to pay Rent on the date when due, the failure continuing for a period of five (5) days after payment is due; 13.1.3. Failure to perform Tenant's covenants hereunder (except default in the payment of Rent); provided, if such default is susceptible of cure and Tenant has promptly commenced the cure of such default and is diligently prosecuting such cure to completion, then the same must remain uncured for thirty (30) days after written notice thereof from Landlord; 13.1.4. The making of a general assignment by Tenant for the benefit of creditors, the filing of a voluntary petition by Tenant or the filing of an involuntary petition by any of Tenant's creditors seeking the rehabilitation, liquidation or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, the appointment of a receiver or other custodian to take possession of substantially all of Tenant's assets or this leasehold, Tenaxx'x xnsolvency or inability to pay Tenant's debts or failure generally to pay Tenant's debts when due, any court entering a decree or order directing the winding up or liquidation of Tenant or of substantially all of Tenant's assets, Tenant taking any action toward the dissolution or winding up of Tenant's affairs, the cessation or suspension of Tenaxx'x xse of the Premises, or the attachment, execution or other judicial seizure of substantially all of Tenant's assets or this leasehold; 13.1.5. The making of any material misrepresentation or omission by Tenant in any materials delivered by or on behalf of Tenant to Landlord pursuant to this Lease; or 13.1.6. A default by Tenant beyond any applicable notice and cure period pursuant to the terms of any lease entered into between Landlord and Tenant for space in the Project.

Appears in 3 contracts

Samples: Industrial Lease (Network Appliance Inc), Industrial Lease (Network Appliance Inc), Industrial Lease (Network Appliance Inc)

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Events of Defaults. The occurrence of any of the following events shall, at Landlord's option, constitute an "Event of Default": 13.1.1. Vacation or abandonment 15.1.1 Abandonment of the Premises for a period of thirty (30) consecutive days, and Tenant waives any right to notice Tenant may have under applicable law; 13.1.2. 15.1.2 Failure to pay Rent on the date when due, due and the failure continuing for a period of five (5) days after such payment is due; 13.1.3. 15.1.3 Failure to perform Tenant's covenants and obligations hereunder (except default in the payment of Rent); provided, if ) where such default is susceptible failure continues for a period of cure and Tenant has promptly commenced the cure of such default and is diligently prosecuting such cure to completion, then the same must remain uncured for thirty (30) days after written notice thereof from Landlord; provided, however, if the nature of the default is such that more than thirty (30) days are reasonably required for its cure, Tenant shall not be deemed to be in default if Tenant commences the cure within ten (10) days after written notice from Landlord and diligently and continuously prosecutes such cure to completion; 13.1.4. 15.1.4 The making of a general assignment by Tenant for the benefit of creditors, ; the filing of a voluntary petition by Tenant or the filing of an involuntary petition by any of Tenant's creditors seeking the rehabilitation, liquidation or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, ; the appointment of a receiver or other custodian to take possession of substantially all of Tenant's assets or this leasehold, Tenaxx'x xnsolvency ; Tenant's insolvency or inability to pay Tenant's debts or failure generally to pay Tenant's debts when due, ; any court entering a decree or order directing the winding up or liquidation of Tenant or of substantially all of Tenant's assets, ; Tenant taking any action toward the dissolution or winding up of Tenant's affairs, ; the cessation or suspension of Tenaxx'x xse Tenant's use of the Premises, ; or the attachment, execution or other judicial seizure of substantially all of Tenant's 's, assets or this leasehold; 13.1.5. 15.1.5 The making of any material misrepresentation or omission by Tenant or any successor in interest of Tenant in any materials delivered by or on behalf of Tenant to Landlord or Landlord's lender pursuant to this Lease; or 13.1.6. A default by Tenant beyond 15.1.6 The occurrence of an Event of Default set forth in Section 15.1.4 or 15.1.5 with respect to any applicable notice and cure period pursuant to the terms guarantor of any lease entered into between Landlord and Tenant for space in the Projectthis Lease, if applicable.

Appears in 2 contracts

Samples: Multi Tenant Industrial Triple Net Lease (Brooks Automation Inc), Multi Tenant Industrial Triple Net Lease (Brooks Automation Inc)

Events of Defaults. The occurrence of any of the following events shall, at Landlord's ’s option, constitute an "Event of Default": 13.1.1. Vacation or abandonment of the Premises for a period of thirty (30) consecutive days, and Tenant waives any right to notice Tenant may have under applicable law; 13.1.2. 18.1.1 Failure to pay Rent on the date when due, due and the failure continuing for a period of five (5) business days after such payment is due, unless Landlord’s receipt of Tenant’s rent was improperly recorded or misapplied; 13.1.3. 18.1.2 Failure to perform Tenant's ’s covenants and obligations hereunder (except default in the payment of Rent); provided, if ) where such default is susceptible failure continues for a period of cure and Tenant has promptly commenced the cure of such default and is diligently prosecuting such cure to completion, then the same must remain uncured for thirty (30) days after Landlord’s Initials CZ Tenant’s Initials HZ written notice thereof from Landlord; provided, however, if the nature of the default is such that more than thirty (30) days are reasonably required for its cure, Tenant shall not be deemed to be in default if Tenant commences the cure within the thirty (30) day period and diligently and continuously prosecutes such cure to completion; 13.1.4. 18.1.3 The making of a general assignment by Tenant for the benefit of creditors, ; the filing of a voluntary petition by Tenant or the filing of an involuntary petition by any of Tenant's ’s creditors seeking the rehabilitation, liquidation or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, ; the appointment of a receiver or other custodian to take possession of substantially all of Tenant's ’s assets or this leasehold, Tenaxx'x xnsolvency ; Tenant’s insolvency or inability to pay Tenant's ’s debts or failure generally to pay Tenant's ’s debts when due, ; any court entering a decree or order directing the winding up or liquidation of Tenant or of substantially all of Tenant's ’s assets, ; Tenant taking any action toward the dissolution or winding up of Tenant's ’s affairs, ; the cessation or suspension of Tenaxx'x xse Tenant’s use of the Premises, ; or the attachment, execution or other judicial seizure of substantially all of Tenant's ’s assets or this leasehold; 13.1.5. 18.1.4 The making of any material misrepresentation or omission by Tenant or any successor in interest of Tenant in any materials delivered by or on behalf of Tenant to Landlord or Landlord’s lender pursuant to this Lease; or; 13.1.6. A default by Tenant beyond 18.1.5 The occurrence of an Event of Default set forth in Section 18.1.4 or 18.1.5 with respect to any applicable notice and cure period pursuant to the terms guarantor of any lease entered into between Landlord and Tenant for space this Lease, if applicable; 18.1.6 The occurrence of an Event of Default as otherwise designated as an Event of Default in the ProjectLease.

Appears in 2 contracts

Samples: Multi Purpose Commercial Building Lease (Sientra, Inc.), Multi Purpose Commercial Building Lease (Sientra, Inc.)

Events of Defaults. The occurrence of any of the following events shall, at Landlord's ’s option, constitute an "Event of Default": 13.1.1. Vacation or abandonment of the Premises for a period of thirty (30) consecutive days, and Tenant waives any right to notice Tenant may have under applicable law18.1.1 Intentionally omitted; 13.1.2. 18.1.2 Failure to pay Rent on the date when due, due and the failure continuing for a period of five (5) business days after such payment is due; 13.1.3. 18.1.3 Failure to perform Tenant's ’s covenants and obligations hereunder (except default in the payment of Rent); provided, if ) where such default is susceptible failure continues for a period of cure and Tenant has promptly commenced the cure of such default and is diligently prosecuting such cure to completion, then the same must remain uncured for thirty (30) days after written notice thereof from Landlord; provided, however, if the nature of the default is such that more than thirty (30) days are reasonably required for its cure, Tenant shall not be deemed to be in default if Tenant commences the cure within the thirty (30) day period and diligently and continuously prosecutes such cure to completion; 13.1.4. 18.1.4 The making of a general assignment by Tenant for the benefit of creditors, ; the filing of a voluntary petition by Tenant or the filing of an involuntary petition by any of Tenant's ’s creditors seeking the rehabilitation, liquidation or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, ; the appointment of a receiver or other custodian to take possession of substantially all of Tenant's ’s assets or this leasehold, Tenaxx'x xnsolvency ; Tenant’s insolvency or inability to pay Tenant's ’s debts or failure generally to pay Tenant's ’s debts when due, ; any court entering a decree or order directing the winding up or liquidation of Tenant or of substantially all of Tenant's ’s assets, ; Tenant taking any action toward the dissolution or winding up of Tenant's ’s affairs, ; the cessation or suspension of Tenaxx'x xse Tenant’s use of the Premises, Premises or the attachment, execution or other judicial seizure of substantially all of Tenant's ’s assets or this leasehold; 13.1.5. 18.1.5 The making of any material misrepresentation or omission by Tenant or any successor in interest of Tenant in any materials delivered by or on behalf of Tenant to Landlord or Landlord’s lender pursuant to this Lease; or; 13.1.6. A default by Tenant beyond 18.1.6 The occurrence of an Event of Default set forth in Section 18.1.4 or 18.1.5 with respect to any applicable notice and cure period pursuant to the terms guarantor of any lease entered into between Landlord and Tenant for space this Lease, if applicable; 18.1.7 The occurrence of an Event of Default as otherwise designated as an Event of Default in the ProjectLease.

Appears in 1 contract

Samples: Multi Purpose Commercial Building Lease (Inogen Inc)

Events of Defaults. The occurrence of any of the following events shall, at Landlord's option, constitute an "Event of Default": 13.1.1. Vacation or abandonment of the Premises for a period of thirty (30) consecutive days, and Tenant waives any right to notice Tenant may have under applicable law; 13.1.1 Vacation or abandonment of the Premises for a period of thirty (30) consecutive days, and Tenant waives any right to notice Tenant may have under applicable law; 13.1.2. Failure to pay Rent on the date when due, the failure continuing for a period of five (5) days after payment is due; 13.1.3. Failure to perform Tenant's covenants hereunder (except default in the payment of Rent); provided, if such default is susceptible of cure and Tenant has promptly commenced the cure of such default and is diligently prosecuting such cure to completion, then the same must remain uncured for thirty (30) days after written notice thereof from Landlord; 13.1.4. The making of a general assignment by Tenant for the benefit of creditors, the filing of a voluntary petition by Tenant or the filing of an involuntary petition by any of Tenant's creditors seeking the rehabilitation, liquidation or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, the appointment of a receiver or other custodian to take possession of substantially all of Tenant's assets or this leasehold, Tenaxx'x xnsolvency or inability to pay Tenant's debts or failure generally to pay Tenant's debts when due, any court entering a decree or order directing the winding up or liquidation of Tenant or of substantially all of Tenant's assets, Tenant taking any action toward the dissolution or winding up of Tenant's affairs, the cessation or suspension of Tenaxx'x xse of the Premises, or the attachment, execution or other judicial seizure of substantially all of Tenant's assets or this leasehold; 13.1.5. The making of any material misrepresentation or omission by Tenant in any materials delivered by or on behalf of Tenant to Landlord pursuant to this Lease; or 13.1.6. A default by Tenant beyond any applicable notice and cure period pursuant to the terms of any lease entered into between Landlord and Tenant for space in the Project.

Appears in 1 contract

Samples: Industrial Lease (Network Appliance Inc)

Events of Defaults. The occurrence of any of the following events ------------------ shall, at Landlord's option, constitute an "Event of Default": 13.1.1. Vacation or abandonment of the Premises for a period of thirty (30) consecutive days, and Tenant waives any right to notice Tenant may have under applicable law; 13.1.2. 14.1.1 Failure to pay Rent Rent, Real Property Taxes and/or any other monetary amount due under this Lease on the date when due, due and the failure continuing for a period of five (5) days after payment is duethe date on which Tenant receives written notice from Landlord of such delinquent payment; 13.1.3. 14.1.2 Failure to perform Tenant's material covenants and obligations hereunder (except default in the payment of Rent); provided, if ) where such default is susceptible failure continues for a period of cure and Tenant has promptly commenced the cure of such default and is diligently prosecuting such cure to completion, then the same must remain uncured for thirty (30) days after written notice thereof from Landlord;; provided, however, if the nature of the default is such that more than thirty (30) days are reasonably required for its cure, Tenant shall not be deemed to be in default if Tenant commences the cure within the thirty (30) day period and diligently prosecutes such cure to completion; or 13.1.4. 14.1.3 The making of a general assignment by Tenant for the benefit of creditors, ; the filing of a voluntary petition by Tenant or the filing of an involuntary petition by any of Tenant's creditors seeking the rehabilitation, rehabilitation liquidation or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the case of an involuntary action, the failure to remove or discharge the same within sixty ninety (6090) days of such filing, ; the appointment of a receiver or other custodian to take possession of substantially all of Tenant's assets or this leasehold, Tenaxx'x xnsolvency ; Tenant's insolvency or inability to pay Tenant's debts or failure generally to pay Tenant's debts when due, ; any court entering a decree or order directing the winding up or liquidation of Tenant or of substantially all of Tenant's assets, ; Tenant taking any action toward the dissolution or winding up of Tenant's affairs, ; the cessation or suspension of Tenaxx'x xse Tenant's use of the Premises, ; or the attachment, execution or other judicial seizure of substantially all of Tenant's assets or this leasehold;; or 13.1.5. 14.1.4 The making of any material misrepresentation or omission by Tenant or any successor in interest of Tenant in any materials delivered by or on behalf of Tenant to Landlord pursuant to this Lease; or 13.1.6. A default by Tenant beyond any applicable notice and cure period pursuant or Landlord's lender prior to the terms effective date of this Lease upon which Landlord or Landlord's lender relied in order to proceed with renting the Premises to Tenant or to make any lease entered into between Landlord and Tenant for space in loans, as the Projectcase may be.

Appears in 1 contract

Samples: Lease (Infonet Services Corp)

Events of Defaults. The occurrence of any of the following events shall, at Landlord's option, constitute an "Event of Default": 13.1.1. (a) Vacation or abandonment of the Premises for a period of thirty ninety (3090) consecutive days, when such vacation or abandonment is coupled with Tenant's failure to pay Rent and Tenant waives any right to notice Tenant may have other obligations under applicable lawthis Lease and/or Tenant's default of another provision of this Lease; 13.1.2. (b) Failure to pay the Rent on the date when due, due and the failure continuing for a period of five ten (510) days after notice from Landlord that such payment is due; 13.1.3. (c) Failure to perform Tenant's covenants and obligations hereunder (except default in the payment of Rent); provided, if ) where such default is susceptible failure continues for a period of cure and Tenant has promptly commenced the cure of such default and is diligently prosecuting such cure to completion, then the same must remain uncured for thirty (30) days after written notice thereof from Landlord;; provided, however, that if the nature of the default is such that more than thirty (30) days are reasonably required for its cure, Tenant shall not be deemed to be in default if Tenant commences the cure within said thirty (30)-day period and diligently and continuously prosecutes such cure to completion; or 13.1.4. (d) The making of a general assignment by Tenant for the benefit of creditors, ; the filing of a voluntary petition by Tenant or the filing of an involuntary petition by any of Tenant's creditors seeking the rehabilitation, liquidation or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, ; the appointment of a receiver or other custodian to take possession of substantially all of Tenant's assets or this leasehold, Tenaxx'x xnsolvency ; Tenant's insolvency or inability to pay Tenant's debts or failure generally to pay Tenant's debts when due, ; any court entering a decree or order directing the winding up or liquidation of Tenant or of substantially all of Tenant's assets, ; Tenant taking any action toward the dissolution or winding up of Tenant's affairs, the cessation or suspension of Tenaxx'x xse of the Premises, ; or the attachment, execution or other judicial seizure of substantially all of Tenanttenant's assets or this leasehold; 13.1.5. The making of any material misrepresentation or omission by Tenant in any materials delivered by or on behalf of Tenant to Landlord pursuant to this Lease; or 13.1.6. A default by Tenant beyond any applicable notice and cure period pursuant to the terms of any lease entered into between Landlord and Tenant for space in the Project.

Appears in 1 contract

Samples: Lease Agreement (Earthshell Corp)

Events of Defaults. The occurrence of any of the following events shall, at Landlord's ’s option, constitute an "Event of Default": 13.1.1. Vacation or abandonment of the Premises for a period of thirty (30) consecutive days, and Tenant waives any right to notice Tenant may have under applicable law17.1.1 Intentionally omitted; 13.1.2. 17.1.2 Failure to pay Rent on the date when due, due and the failure continuing for a period of five (5) business days after such payment is due; 13.1.3. 17.1.3 Failure to perform Tenant's ’s covenants and obligations hereunder (except default in the payment of Rent); provided, if ) where such default is susceptible failure continues for a period of cure and Tenant has promptly commenced the cure of such default and is diligently prosecuting such cure to completion, then the same must remain uncured for thirty (30) days after written notice thereof from Landlord; provided, however, if the nature of the default is such that more than thirty (30) days are reasonably required for its cure, Tenant shall not be deemed to be in default if Tenant commences the cure within the thirty (30) day period and diligently and continuously prosecutes such cure to completion; 13.1.4. 17.1.4 The making of a general assignment by Tenant for the benefit of creditors, ; the filing of a voluntary petition by Tenant or the filing of an involuntary petition by any of Tenant's ’s creditors seeking the rehabilitation, liquidation or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, ; the appointment of a receiver or other custodian to take possession of substantially all of Tenant's ’s assets or this leasehold, Tenaxx'x xnsolvency ; Tenant’s insolvency or inability to pay Tenant's ’s debts or failure generally to pay Tenant's ’s debts when due, ; any court entering a decree or order directing the winding up or liquidation of Tenant or of substantially all of Tenant's ’s assets, ; Tenant taking any action toward the dissolution or winding up of Tenant's ’s affairs, ; the cessation or suspension of Tenaxx'x xse Tenant’s use of the Premises, ; or the attachment, execution or other judicial seizure of substantially all of Tenant's ’s assets or this leasehold; 13.1.5. 17.1.5 The making of any material misrepresentation or omission by Tenant or any successor in interest of Tenant in any materials delivered by or on behalf of Tenant to Landlord or Landlord’s lender pursuant to this Lease; 17.1.6 The occurrence of an Event of Default set forth in Section 17.1.4 or 17.1.5 with respect to any guarantor of this Lease, if applicable; 17.1.7 The occurrence of an Event of Default as otherwise designated as an Event of Default in the Lease; orand 13.1.6. A default 17.1.8 Any failure by Tenant the tenant under (a) the 50 Castilian Lease or (b) the 70 Castilian Lease, to pay any "Minimum Monthly Rent" or "Tenant's Share" of "Operating Expenses" or "Real Property Taxes” owed to Landlord under the 50 Castilian Lease or the 70 Castilian Lease, as applicable and as defined therein, in any such case, beyond any applicable notice and cure period pursuant period, and subject to any express offset rights of the terms of any lease entered into between Landlord and Tenant for space in Tenant, provided under the Project50 Castilian Lease or 70 Castilian Lease, as applicable.

Appears in 1 contract

Samples: Industrial Lease (Appfolio Inc)

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Events of Defaults. The occurrence of any of the following events shall, at Landlord's option, constitute an "Event of Default": 13.1.1. : Vacation without the payment of Rent (i.e. Tenant has vacated the Premises and failed to pay rent all as defined in California Civil Code Section 1951.3) or abandonment of the Premises for a period of thirty (30) consecutive days, and Tenant waives any right to notice Tenant may have under applicable law; 13.1.2. ; Failure to pay Rent on the date when due, due and the failure continuing for a period of five (5) days after such payment is due; 13.1.3; provided, however, that for the first two (2) times in any consecutive twelve (12) month period during the Lease Term that Tenant has failed to timely pay Rent, Landlord shall provide notice to Tenant of such failure and such failure will constitute an Event of Default, as provided in this Section 15.1, if such failure continues for five (5) days after such notice by Landlord. Failure to perform Tenant's covenants and obligations hereunder (except default in the payment of Rent); provided, if ) where such default is susceptible failure continues for a period of cure and Tenant has promptly commenced the cure of such default and is diligently prosecuting such cure to completion, then the same must remain uncured for thirty (30) days after written notice thereof from Landlord; 13.1.4. ; provided, however, if the nature of the default is such that more than thirty (30) days are reasonably required for its cure, Tenant shall not be deemed to be in default if Tenant commences the cure within the thirty (30) day period and diligently prosecutes such cure to completion; The making of a general assignment by Tenant for the benefit of creditors, ; the filing of a voluntary petition by Tenant or the filing of an involuntary petition by any of Tenant's creditors seeking the rehabilitation, liquidation or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, ; the appointment of a receiver or other custodian to take possession of substantially all of Tenant's assets or this leasehold, Tenaxx'x xnsolvency ; Tenant's insolvency or inability to pay Tenant's debts or failure generally to pay Tenant's debts when due, ; any court entering a decree or order directing the winding up or liquidation of Tenant or of substantially all of Tenant's assets, ; Tenant taking any action toward the dissolution or winding up of Tenant's affairs, ; the cessation or suspension of Tenaxx'x xse Tenant's use of the Premises, ; or the attachment, execution or other judicial seizure of substantially all of Tenant's assets or this leasehold; 13.1.5. ; The making of any material misrepresentation or omission by Tenant or any successor in interest of Tenant in any materials delivered by or on behalf of Tenant to Landlord or Landlord's lender pursuant to this Lease; or 13.1.6. A default by Tenant beyond or The occurrence of an Event of Default set forth in Section 15.1.4 or 15.1.5 with respect to any applicable notice and cure period pursuant to the terms guarantor of any lease entered into between Landlord and Tenant for space in the Projectthis Lease, if applicable.

Appears in 1 contract

Samples: Sublease Agreement (E Loan Inc)

Events of Defaults. The occurrence of any of the following events shall, at Landlord's ’s option, constitute an "Event of Default": 13.1.1. Vacation or abandonment of the Premises for a period of thirty (30) consecutive days, and Tenant waives any right to notice Tenant may have under applicable law17.1.1 Intentionally omitted; 13.1.2. 17.1.2 Failure to pay Rent on the date when due, due and the failure continuing for a period of five (5) business days after such payment is due; 13.1.3. 17.1.3 Failure to perform Tenant's ’s covenants and obligations hereunder (except default in the payment of Rent); provided, if ) where such default is susceptible failure continues for a period of cure and Tenant has promptly commenced the cure of such default and is diligently prosecuting such cure to completion, then the same must remain uncured for thirty (30) days after written notice thereof from Landlord; provided, however, if the nature of the default is such that more than thirty (30) days are reasonably required for its cure, Tenant shall not be deemed to be in default if Tenant commences the cure within the thirty (30) day period and diligently and continuously prosecutes such cure to completion; 13.1.4. 17.1.4 The making of a general assignment by Tenant for the benefit of creditors, ; the filing of a voluntary petition by Tenant or the filing of an involuntary petition by any of Tenant's ’s creditors seeking the rehabilitation, liquidation or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, ; the appointment of a receiver or other custodian to take possession of substantially all of Tenant's ’s assets or this leasehold, Tenaxx'x xnsolvency ; Tenant’s insolvency or inability to pay Tenant's ’s debts or failure generally to pay Tenant's ’s debts when due, ; any court entering a decree or order directing the winding up or liquidation of Tenant or of substantially all of Tenant's ’s assets, ; Tenant taking any action toward the dissolution or winding up of Tenant's ’s affairs, ; the cessation or suspension of Tenaxx'x xse Tenant’s use of the Premises, ; or the attachment, execution or other judicial seizure of substantially all of Tenant's ’s assets or this leasehold; 13.1.5. 17.1.5 The making of any material misrepresentation or omission by Tenant or any successor in interest of Tenant in any materials delivered by or on behalf of Tenant to Landlord or Landlord’s lender pursuant to this Lease; 17.1.6 The occurrence of an Event of Default set forth in Section 17.1.4 or 17.1.5 with respect to any guarantor of this Lease, if applicable; 17.1.7 The occurrence of an Event of Default as otherwise designated as an Event of Default in the Lease; orand 13.1.6. A default 17.1.8 Any failure by Tenant the tenant under (a) the lease agreement with respect to certain premises located in the Project consisting of the building located at 00 Xxxxxxxxx Xxxxx, Xxxxxx, Xxxxxxxxxx 00000 (the “50 Castilian Lease”), or (b) the lease agreement with respect to certain premises located in the Project consisting of the building located at 00 Xxxxxxxxx Xxxxx, Xxxxxx, Xxxxxxxxxx 00000 (the “90 Castilian Lease”), to pay any "Minimum Monthly Rent" or "Tenant's Share" of "Operating Expenses" or "Real Property Taxes" owed to Landlord under the 50 Castilian Lease or the 90 Castilian Lease, as applicable and as defined therein, in any such case, beyond any applicable notice and cure period pursuant period, and subject to any express offset rights of the terms of any lease entered into between Landlord and Tenant for space in Tenant, provided under the Project50 Castilian Lease or the 90 Castilian Lease, as applicable.

Appears in 1 contract

Samples: Industrial Lease (Appfolio Inc)

Events of Defaults. The occurrence of any of the following events shall, at Landlord's option, constitute an "Event of Default": 13.1.1. Vacation or abandonment 15.1.1 Abandonment of the Premises for a period of thirty (30) consecutive days, and Tenant waives any right to notice Tenant may have under applicable law; 13.1.2. 15.1.2 Failure to pay Rent on the date when due, due and the failure continuing for a period of five three (53) calendar days after written notice from Landlord that such payment is due; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required to be provided under Section 1161 ET SEQ of the California Code of Civil Procedure; 13.1.3. 15.1.3 Failure to perform Tenant's covenants and obligations hereunder (except default in the payment of Rent); provided, if ) where such default is susceptible failure continues for a period of cure and Tenant has promptly commenced the cure of such default and is diligently prosecuting such cure to completion, then the same must remain uncured for thirty (30) days after written notice thereof from Landlord; provided, however, if the nature of the default is such that more than thirty (30) days are reasonably required for its cure, Tenant shall not be deemed to be in default if Tenant commences the cure within the thirty (30) day period and diligently prosecutes such cure to completion; 13.1.4. 15.1.4 The making of a general assignment by Tenant Xxxxxx for the benefit of creditors, ; the filing of a voluntary petition by Tenant Xxxxxx or the filing of an involuntary petition by any of Tenant's creditors seeking the rehabilitation, liquidation or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, ; the appointment of a receiver or other custodian to take possession of substantially all of Tenant's assets or this leasehold, Tenaxx'x xnsolvency ; Tenant's insolvency or inability to pay Tenant's debts or failure generally to pay TenantXxxxxx's debts when due, ; any court entering a decree or order directing the winding up or liquidation of Tenant or of substantially all of Tenant's assets, ; Tenant taking any action toward the dissolution or winding up of Tenant's affairs, ; the cessation or suspension of Tenaxx'x xse Xxxxxx's use of the Premises, ; or the attachment, execution or other judicial seizure of substantially all of Tenant's assets or this leasehold; 13.1.5. 15.1.5 The making of any material misrepresentation or omission by Tenant or any successor in interest of Tenant in any materials delivered by or on behalf of Tenant to Landlord or Xxxxxxxx's lender pursuant to this Lease; 15.1.6 The occurrence of an Event of Default set forth in Section 15.1.4 or 15.1.5 with respect to any guarantor of this Lease, if applicable; or 13.1.6. A default by Tenant beyond any applicable notice and cure period pursuant to 15.1.7 The release or discharge of Hazardous Materials into the terms of any lease entered into between Landlord and Tenant for space in the Projectsoil or groundwater.

Appears in 1 contract

Samples: Office Lease (Puma Technology Inc)

Events of Defaults. The occurrence of any of the following events shall, at Landlord's option, constitute an "Event of Default":Default":‌ 13.1.1. 15.1.1 Vacation without the payment of Rent (i.e. Tenant has vacated the Premises and failed to pay rent all as defined in California Civil Code Section 1951.3) or abandonment of the Premises for a period of thirty (30) consecutive days, and Tenant waives any right to notice Tenant may have under applicable law; 13.1.2. 15.1.2 Failure to pay Rent on the date when due, due and the failure continuing for a period of five (5) days after such payment is due;; provided, however, that for the first two (2) times in any consecutive twelve (12) month period during the Lease Term that Tenant has failed to timely pay Rent, Landlord shall provide notice to Tenant of such failure and such failure will constitute an Event of Default, as provided in this Section 15.1, if such failure continues for five (5) days after such notice by Landlord. 13.1.3. 15.1.3 Failure to perform Tenant's covenants and obligations hereunder (except default in the payment of Rent); provided, if ) where such default is susceptible failure continues for a period of cure and Tenant has promptly commenced the cure of such default and is diligently prosecuting such cure to completion, then the same must remain uncured for thirty (30) days after written notice thereof from Landlord; provided, however, if the nature of the default is such that more than thirty (30) days are reasonably required for its cure, Tenant shall not be deemed to be in default if Tenant commences the cure within the thirty (30) day period and diligently prosecutes such cure to completion; 13.1.4. 15.1.4 The making of a general assignment by Tenant for the benefit of creditors, ; the filing of a voluntary petition by Tenant or the filing of an involuntary petition by any of Tenant's creditors seeking the rehabilitation, liquidation or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, ; the appointment of a receiver or other custodian to take possession of substantially all of Tenant's assets or this leasehold, Tenaxx'x xnsolvency ; Tenant's insolvency or inability to pay Tenant's debts or failure generally to pay Tenant's debts when due, ; any court entering a decree or order directing the winding up or liquidation of Tenant or of substantially all of Tenant's assets, ; Tenant taking any action toward the dissolution or winding up of Tenant's affairs, ; the cessation or suspension of Tenaxx'x xse Tenant's use of the Premises, ; or the attachment, execution or other judicial seizure of substantially all of Tenant's assets or this leasehold; 13.1.5. 15.1.5 The making of any material misrepresentation or omission by Tenant or any successor in interest of Tenant in any materials delivered by or on behalf of Tenant to Landlord or Landlord's lender pursuant to this Lease; oror‌ 13.1.6. A default by Tenant beyond 15.1.6 The occurrence of an Event of Default set forth in Section 15.1.4 or 15.1.5 with respect to any applicable notice and cure period pursuant to the terms guarantor of any lease entered into between Landlord and Tenant for space in the Projectthis Lease, if applicable.

Appears in 1 contract

Samples: Sublease Agreement

Events of Defaults. The occurrence of any of the following events shall, at Landlord's option, constitute an "Event of Default": 13.1.1. 15.1.1 Vacation or abandonment of the Premises for a period of thirty (30) consecutive days, and Tenant waives any right to notice Tenant may have under applicable law; 13.1.2. 15.1.2 Failure to pay Rent on the date when due, due and the failure continuing for a period of five (5) days after such payment is due; 13.1.3. 15.1.3 Failure to perform Tenant's covenants and obligations hereunder (except default in the payment of Rent); provided, if ) where such default is susceptible failure continues for a period of cure and Tenant has promptly commenced the cure of such default and is diligently prosecuting such cure to completion, then the same must remain uncured for thirty (30) days after written notice thereof from Landlord; provided, however, if the nature of the default is such that more than thirty (30) days are reasonably required for its cure, Tenant shall not be deemed to be in default if Tenant commences the cure within ten (10) days after written notice from Landlord and continuously prosecutes such cure to completion; 13.1.4. 15.1.4 The making of a general assignment by Tenant for the benefit of creditors, ; the filing of a voluntary petition by petitxxx xx Tenant or the filing of an involuntary petition by any of Tenant's creditors cxxxxxxrs seeking the rehabilitation, liquidation or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, ; the appointment of a receiver or other custodian to take possession of substantially all of Tenant's assets or this leasehold, Tenaxx'x xnsolvency ; Tenant's insolvency or inability to pay Tenant's debts or failure generally to pay Tenant's debts when due, ; any court entering a decree or order directing the directxxx xxe winding up or liquidation of Tenant or of substantially all of Tenant's assets, ; Tenant taking any action toward the dissolution or winding up of Tenant's affairs, ; the cessation or suspension of Tenaxx'x xse Tenant's use of the Premises, ; or the attachment, execution or other judicial xxxxxxal seizure of substantially all of Tenant's assets or this leasehold; 13.1.5. 15.1.5 The making of any material misrepresentation or omission by Tenant or any successor in interest of Tenant in any materials delivered by or on behalf of Tenant to Landlord or Landlord's lender pursuant to this Lease; or 13.1.6. A default by Tenant beyond 15.1.6 The xxxxxxxnce of an Event of Default set forth in Section 15.1.4 or 15.1.5 with respect to any applicable notice and cure period pursuant to the terms guarantor of any lease entered into between Landlord and Tenant for space in the Projectthis Lease, if applicable.

Appears in 1 contract

Samples: Office Lease (Ipayment Inc)

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