Events of Tenant’s Default. Tenant shall be in default of its obligations under this Lease if any of the following events occur: (a) Tenant shall have failed to pay Base Monthly Rent or any Additional Rent when due; or (b) Tenant shall have done or permitted to be done any act, use or thing in its use, occupancy or possession of the Leased Premises or the Building or the Outside Areas which is prohibited by the terms of this Lease; or (c) Tenant shall have failed to perform any term, covenant or condition of this Lease (except those requiring the payment of Base Monthly Rent or Additional Rent, which failures shall be governed by subparagraph (a) above) within thirty (30) days after written notice from Landlord to Tenant specifying the nature of such failure and requesting Tenant to perform same; or (d) Tenant shall have sublet the Leased Premises or assigned or encumbered its interest in this Lease in violation of the provisions contained in Article 7, whether voluntarily or by operation of law; or (e) Tenant shall have abandoned the Leased Premises; or (f) Tenant or any Guarantor of this Lease shall have permitted or suffered the sequestration or attachment of, or execution on, or the appointment of a custodian or receiver with respect to, all or any substantial part of the property or assets of Tenant (or such Guarantor) or any property or asset essential to the conduct of Tenant's (or such Guarantor's) business, and Tenant (or such Guarantor) shall have failed to obtain a return or release of the same within thirty days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; or (g) Tenant or any Guarantor of this Lease shall have made a general assignment of all or a substantial part of its assets for the benefit of its creditors; or (h) Tenant or any Guarantor of this Lease shall have allowed (or sought) to have entered against it a decree or order which: (i) grants or constitutes an order for relief, appointment of a trustee, or condemnation or a reorganization plan under the bankruptcy laws of the United States; (ii) approves as properly filed a petition seeking liquidation or reorganization under said bankruptcy laws or any other debtor's relief law or similar statute of the United States or any state thereof; or (iii) otherwise directs the winding up or liquidation of Tenant; provided, however, if any decree or order was entered without Tenant's consent or over Tenant's objection, Landlord may not terminate this Lease pursuant to this Subparagraph if such decree or order is rescinded or reversed within thirty days after its original entry; or (i) Tenant or any Guarantor of this Lease shall have availed itself of the protection of any debtor's relief law, moratorium law or other similar law which does not require the prior entry of a decree or order.
Appears in 2 contracts
Samples: Lease (Redback Networks Inc), Lease (Redback Networks Inc)
Events of Tenant’s Default. Tenant shall be in default of its obligations under this Lease if any of the following events occur:
(a) A. Tenant shall have failed to pay within 10 days following receipt of written notice Base Monthly Rent or any Additional Rent when due; or
(b) B. Tenant shall have done or permitted to be have been done any act, use or thing in its use, occupancy or possession of the Leased Premises or the Building or the Outside Areas which is prohibited by the terms of this Lease; or
(c) C. Tenant shall have failed to perform any termterminate, covenant or condition of this Lease (Lease, except those requiring the payment of Base Monthly Rent or Additional Rent, which failures shall be governed by subparagraph (a) above) within thirty (30) 30 days after written notice from Landlord to Tenant specifying the nature of such failure and requesting Tenant to perform same; or.
(d) D. Tenant shall have sublet the Leased Premises or assigned or encumbered its interest in this Lease in violation of the provisions contained in Article 7, whether voluntarily or by operation of lawLaw; or
(e) E. Tenant shall have abandoned the Leased Premises; or
(f) F. Tenant or any Guarantor of this Lease shall have permitted or suffered the sequestration or attachment of, or execution on, or the appointment of a custodian or receiver with respect to, all or any substantial part of the property or assets of Tenant (or such Guarantor) or any property or asset essential to the conduct of Tenant's (or such Guarantor'sGuarantors) business, and Tenant (or such Guarantor) shall have failed to obtain a return or release of the same within thirty days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; or
(g) G. Tenant or any Guarantor of this Lease shall have made a general assignment of all or a substantial part of its assets for the benefit of its creditors; or
(h) H. Tenant or any Guarantor of this Lease shall have allowed (or sought) to have entered against it a decree or order which: (i) grants or constitutes an order for relief, appointment of a trustee, or condemnation confirmation or a reorganization plan under the bankruptcy laws of the United States; (ii) approves as properly filed a petition seeking liquidation or reorganization under said bankruptcy laws or any other debtor's relief law or similar statute of the United States or any state thereof; or (iii) otherwise directs the winding up or liquidation of Tenant; provided, however, if any decree degree or order was entered without Tenant's consent or over Tenant's objection, . Landlord may not terminate this Lease pursuant to this Subparagraph Subarticle if such decree or order is rescinded or reversed within thirty days after its original entry; or.
(i) I. Tenant or any Guarantor of this Lease shall have availed itself of the protection of any debtor's relief law, moratorium law or other similar law Law which does not require the prior entry of a decree or order.
Appears in 2 contracts
Samples: Industrial Space Lease (Atroad Inc), Industrial Space Lease (Atroad Inc)
Events of Tenant’s Default. Tenant shall be in default of its obligations under this Lease if any of the following events occur:
(a) A. Tenant shall have failed (i) to pay Base Monthly Rent or any Additional Rent when due; orwithin three (3) days after written notice from Landlord of a delinquency except that Tenant shall not be entitled to written notice on more than two (2) occasions in any twelve (12) month period;
(b) B. Tenant shall have done or permitted to be have been done any act, use or thing in its use, occupancy or possession of the Leased Premises or in its use of the Building Building, the Common Areas or the Outside Areas Project which is prohibited by the terms of this Lease; or
Lease which continues more than five (c) Tenant shall have failed to perform any term, covenant or condition of this Lease (except those requiring the payment of Base Monthly Rent or Additional Rent, which failures shall be governed by subparagraph (a) above) within thirty (305) days after written notice from Landlord to Tenant specifying the nature of such failure and requesting Tenant to perform samethe violation; or
(d) C. Tenant shall have sublet the Leased Premises or assigned or encumbered its interest in this Lease in violation of the provisions contained in Article 7, whether voluntarily or by operation of lawLaw; or
(e) D. Tenant shall have abandoned the Leased Premises; or
(f) Tenant or any Guarantor of this Lease shall have permitted or suffered the sequestration or attachment of, or execution on, or the appointment of a custodian or receiver with respect to, all or any substantial part of the property or assets of Tenant (or such Guarantor) or any property or asset essential to the conduct of Tenant's (or such Guarantor's) business, and Tenant (or such Guarantor) shall have failed to obtain a return or release of the same within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; or
(g) E. Tenant or any Guarantor of this Lease shall have made a general assignment of all or a substantial part of its assets for the benefit of its creditors; or
(h) F. Tenant or any Guarantor of this Lease shall have allowed (or sought) to have entered against it a decree or order which: (i) grants or constitutes an order for relief, appointment of a trustee, or condemnation or confirmation of a reorganization plan under the bankruptcy laws of the United States; (ii) approves as properly filed a petition seeking liquidation or reorganization under said bankruptcy laws or any other debtor's relief law or similar statute of the United States or any state thereof; or (iii) otherwise directs the winding up or liquidation of Tenant; provided, however, if any decree or order was entered without Tenant's consent or over Tenant's objection, Landlord may not terminate this Lease pursuant to this Subparagraph Article 12 if such decree or order is rescinded or reversed within thirty (30) days after its original entry; or
(i) G. Tenant or any Guarantor of this Lease shall have availed itself of the protection of any debtor's relief law, moratorium law or other similar law Law which does not require the prior entry of a decree of order; or
H. Tenant shall have failed to perform any other term, covenant, obligation or ordercondition of this Lease (other than those described in Sections 12.1A through 12.1H), and (i) such failure continues for ten (10) days after written notice from Landlord to Tenant identifying Tenant's failure to perform any of the obligations in Section 13.3 or Section 13.6 of the Lease, or (ii) such failure continues for thirty (30) days after written notice from Landlord to Tenant specifying the nature of such failure and requesting Tenant to perform same or such longer period as may reasonably be required by Tenant to perform such-term, covenant or condition, provided that Tenant commences and thereafter diligently attempts to perform same.
Appears in 2 contracts
Samples: Industrial Lease (Quantenna Communications Inc), Industrial Lease (Quantenna Communications Inc)
Events of Tenant’s Default. Tenant shall be in default of its obligations under this Lease if any of the following events occur:
(a) A. Tenant shall have failed to pay Base Monthly Rent or any Additional Rent when due; or
(b) B. Tenant shall have done or permitted to be have been done any act, use or thing in its use, occupancy or possession of the Leased Premises or the Building or the Outside Areas which is prohibited by the terms of this Lease; or
(c) C. Tenant shall have failed to perform any term, covenant or condition of this Lease (Lease, except those requiring the payment of Base Monthly Rent or Additional Rent, which failures shall be governed by subparagraph (a) above) within thirty (30) ten days after written notice from Landlord to Tenant specifying the nature of such failure and requesting Tenant to perform same; or, provided that if such default cannot be used in 10 days, Tenant shall not be in default hereunder if it assumes such care and diligently pursues it.
(d) D. Tenant shall have sublet the Leased Premises or assigned or encumbered its interest in this Lease in violation of the provisions contained in Article 7, whether voluntarily or by operation of lawLaw; or
(e) Tenant shall have abandoned the Leased Premises; or
(f) F. Tenant or any Guarantor of this Lease shall have permitted or suffered the sequestration or attachment of, or execution on, or the appointment of a custodian or receiver with respect to, all or any substantial part of the property or assets of Tenant (or such Guarantor) or any property or asset essential to the conduct of Tenant's (or such Guarantor'sGuarantors) business, and Tenant (or such Guarantor) shall have failed to obtain a return or release of the same within thirty days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; or
(g) G. Tenant or any Guarantor of this Lease shall have made a general assignment of all or a substantial part of its assets for the benefit of its creditors; or
(h) Tenant or any Guarantor of this Lease shall have allowed (or sought) to have entered against it a decree or order which: (i) grants or constitutes an order for relief, appointment of a trustee, or condemnation or a reorganization plan under the bankruptcy laws of the United States; (ii) approves as properly filed a petition seeking liquidation or reorganization under said bankruptcy laws or any other debtor's relief law or similar statute of the United States or any state thereof; or (iii) otherwise directs the winding up or liquidation of Tenant; provided, however, if any decree or order was entered without Tenant's consent or over Tenant's objection, Landlord may not terminate this Lease pursuant to this Subparagraph if such decree or order is rescinded or reversed within thirty days after its original entry; or
(i) Tenant or any Guarantor of this Lease shall have availed itself of the protection of any debtor's relief law, moratorium law or other similar law which does not require the prior entry of a decree or order.
Appears in 1 contract
Events of Tenant’s Default. Tenant shall be in default of its obligations obligation under this Lease if any of the following events occur:
(a) A. Tenant shall have failed to pay Base Monthly Rent or any Additional Rent when due; or
(b) B. Tenant shall have done or permitted to be have been done any act, use or thing in its use, occupancy or possession of the Leased Premises or the Building or the Outside Areas which is prohibited by the terms of this Lease; or
(c) C. Tenant shall have failed to perform any term, covenant or condition of this Lease (Lease, except those requiring the payment of Base Monthly Rent or Additional Rent, which failures shall be governed by subparagraph (a) above) within thirty (30) ten days after written notice from Landlord to Tenant specifying the nature of such failure and requesting Tenant to perform same; or.
(d) D. Tenant shall have sublet the Leased Premises or assigned or encumbered its interest in this Lease in violation of the provisions contained in Article 7, whether voluntarily or by operation of lawLaw; or
(e) E. Tenant shall have abandoned the Leased Premises; or
(f) F. Tenant or any Guarantor of this Lease shall have permitted or suffered the sequestration or attachment of, or execution on, or the appointment of a custodian or receiver with respect to, all or any substantial part of the property or assets of Tenant (or such Guarantor) or any property or asset essential to the conduct of Tenant's (or such Guarantor'sGuarantors) business, and Tenant (or such Guarantor) shall have failed to obtain a return or release of the same within thirty days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; or
(g) G. Tenant or any Guarantor of this Lease shall have made a general assignment of all or a substantial part of its assets for the benefit of its creditors; or
(h) H. Tenant or any Guarantor of this Lease shall have allowed (or sought) to have entered against it a decree or order which: which (i) grants or constitutes an order for relief, appointment of a trustee, or condemnation confirmation or a reorganization plan under the bankruptcy laws of the United States; (ii) approves as properly filed a petition seeking liquidation or reorganization under said bankruptcy laws or any other debtor's relief law or similar statute statue of the United States or any state thereof; or (iii) otherwise directs the winding up or liquidation of Tenant; provided, however, if any decree or order was entered without Tenant's consent or over Tenant's objection, Landlord may not terminate this Lease pursuant to this Subparagraph if such decree or order is rescinded or reversed within thirty days after its original entry; or.
(i) I. Tenant or any Guarantor of this Lease shall have availed itself of the protection of any debtor's relief law, moratorium law or other similar law Law which does not require the prior entry of a decree or order.
J. Tenant shall have failed to deliver an estoppel certificate within the time and as required by Section 13.6 or failure to deliver any document or instrument within the time as required by Section 13.3.
Appears in 1 contract
Samples: Industrial Space Lease (Upgrade International Corp /Fl/)
Events of Tenant’s Default. Tenant shall be in default of its obligations under this Lease if any of the following events occur:
(a) A. Tenant shall have failed to pay Base Monthly Rent or any Additional Rent when due; or
(b) B. Tenant shall have done or permitted to be have been done any act, use or thing in its use, occupancy or possession of the Leased Premises or in its use of the Building or the Outside Common Areas which is prohibited by the terms of this Lease; or
(c) C. Tenant shall have failed to perform any term, covenant or condition of this Lease (Lease, except those requiring the payment of Base Monthly Rent or Additional Rent, which failures shall be governed by subparagraph (a) above) within thirty (30) days after written notice from Landlord to Tenant specifying the nature of such failure and requesting Tenant to perform same; orsame provided that Tenant shall not be deemed to be in default under this Section if such default is incapable of cure within said period and Tenant has commenced to complete the cure of such default within said ten (10) days period and is proceeding diligently.
(d) D. Tenant shall have sublet the Leased Premises or assigned or encumbered its interest in this Lease in violation of the provisions contained in Article 7, whether voluntarily or by operation of lawLaw; or
(e) E. Tenant shall have abandoned the Leased Premises; or
(f) F. Tenant or any Guarantor of this Lease shall have permitted or suffered the sequestration or attachment of, or execution on, or the appointment of a custodian or receiver with respect to, all or any substantial part of the property or assets of Tenant (or such Guarantor) or any property or asset essential to the conduct of Tenant's (or such Guarantor's) business, and Tenant (or such Guarantor) shall have failed to obtain a return or release of the same within thirty sixty (60) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; or
(g) G. Tenant or any Guarantor of this Lease shall have made a general assignment of all or a substantial part of its assets for the benefit of its creditors; or
(h) H. Tenant or any Guarantor of this Lease shall have allowed (or sought) to have entered against it a decree or order which: (i) grants or constitutes an order for relief, appointment of a trustee, or condemnation or confirmation of a reorganization plan under the bankruptcy laws of the United States; (ii) approves as properly property filed a petition seeking liquidation or reorganization under said bankruptcy laws or any other debtor's relief law or similar statute of the United States or any state thereof; or (iii) otherwise directs the winding up or liquidation of Tenant; provided, however, if any decree or order was entered without Tenant's consent or over Tenant's objection, Landlord may not terminate this Lease pursuant to this Subparagraph if such decree or order is rescinded or reversed within thirty sixty (60) days after its original entry; or.
(i) I. Tenant or any Guarantor of this Lease shall have availed itself of the protection of any debtor's relief law, moratorium law or other similar law Law which does not require the prior entry of a decree or order.
Appears in 1 contract
Events of Tenant’s Default. Tenant shall be in default of its obligations under this Lease if any of the following events occur:
(a) A. Tenant shall have failed to pay Base Monthly Rent or any Additional Rent when due; or
(b) B. Tenant shall have done or permitted to be have been done any act, use or thing in its use, occupancy or possession of the Leased Premises or in its use of the Building or the Outside Common Areas which is prohibited by the terms of this Lease; or
(c) C. Tenant shall have failed to perform any term, covenant or condition of this Lease (Lease, except those requiring the payment of Base Monthly Rent or Additional Rent, which failures shall be governed by subparagraph (a) above) within thirty (30) ten days after written notice from Landlord to Tenant specifying the nature of such failure and requesting Tenant to perform same; or.
(d) D. Tenant shall have sublet the Leased Premises or assigned or encumbered its interest in this Lease in violation of the provisions contained in Article 7, whether voluntarily or by operation of lawLaw; or
(e) E. Tenant shall have abandoned the Leased Premises; or
(f) F. Tenant or any Guarantor of this Lease shall have permitted or suffered the sequestration or attachment of, or execution on, or the appointment of a custodian or receiver with respect to, all or any substantial part of the property or assets of Tenant (or such Guarantor) or any property or asset essential to the conduct of Tenant's ’s (or such Guarantor's’s) business, and Tenant (or such Guarantor) shall have failed to obtain a return or release of the same within thirty days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; or
(g) G. Tenant or any Guarantor of this Lease shall have made a general assignment of all or a substantial part of its assets for the benefit of its creditors; or
(h) H. Tenant or any Guarantor of this Lease shall have allowed (or sought) to have entered against it a decree or order which: (i) grants or constitutes an order for relief, appointment of a trustee, or condemnation or confirmation of a reorganization plan under the bankruptcy laws of the United States; (ii) approves as properly property filed a petition seeking liquidation or reorganization under said bankruptcy laws or any other debtor's ’s relief law or similar statute of the United States or any state thereof; or (iii) otherwise directs the winding up or liquidation of Tenant; provided, however, if any decree or order was entered without Tenant's ’s consent or over Tenant's ’s objection, Landlord may not terminate this Lease pursuant to this Subparagraph if such decree or order is rescinded or reversed within thirty days after its original entry; or.
(i) I. Tenant or any Guarantor of this Lease shall have availed itself of the protection of any debtor's ’s relief law, moratorium law or other similar law Law, which does not require the prior entry of a decree or order.
Appears in 1 contract
Events of Tenant’s Default. Tenant shall be in default of its obligations under this Lease if any of the following events occur:
(a) A. Tenant shall have failed to pay Base Monthly Rent or any Additional Rent when duedue (see attached); or
(b) B. Tenant shall have done or permitted to be have been done any act, use or thing in its use, occupancy or possession of the Leased Premises or in its use of the Building or the Outside Common Areas which is prohibited by the terms of this Lease; (see attached) or
(c) C. Tenant shall have failed to perform any term, covenant or condition of this Lease (Lease, except those requiring the payment of Base Monthly Rent or Additional Rent, which failures shall be governed by subparagraph within fifteen days (asee attached) above) within thirty (30) days after written notice from Landlord to Tenant tenant specifying the nature of such failure and requesting Tenant to perform same; or.
(d) D. Tenant shall have sublet the Leased Lease Premises or assigned or encumbered its interest in this Lease in violation of the provisions contained in Article 7, whether voluntarily or by operation of lawLaw; or
(e) Tenant shall have abandoned the Leased Premises; or
(f) E. Tenant or any Guarantor of this Lease shall have permitted or suffered the sequestration or attachment of, or execution on, or the appointment of a custodian or receiver with respect to, all or any substantial part of the property or assets of Tenant (or such Guarantor) or any property or asset essential to the conduct of Tenant's (or such Guarantor's) business, and Tenant (or such Guarantor) shall have failed to obtain a return or release of the same within thirty days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; or
(g) F. Tenant or any Guarantor of this Lease shall have made a general assignment of all or a substantial part of its assets for the benefit of its creditors; or
(h) G. Tenant or any Guarantor of this Lease shall have allowed (or sought) sought to have entered against it a decree or order which: (i) grants or constitutes an order for relief, appointment of a trustee, or condemnation or confirmation of a reorganization plan under the bankruptcy laws of the United States; (ii) approves as properly filed a petition seeking liquidation or reorganization under said bankruptcy laws or any other debtor's relief law or similar statute of the United States or any state thereof; or (iii) otherwise directs the winding up or liquidation of Tenant; provided, however, if any decree or order was entered without Tenant's consent or over Tenant's objection, Landlord may not terminate this Lease pursuant to this Subparagraph Subarticle if such decree or order is rescinded or reversed within thirty days after its original entry; or.
(i) H. Tenant or any Guarantor of this Lease shall have availed itself of the protection of any debtor's relief law, moratorium law or other similar law Law which does not require the prior entry of a decree or of order.
Appears in 1 contract
Samples: Industrial Space Lease (Asyst Technologies Inc /Ca/)
Events of Tenant’s Default. Tenant shall be in default of its obligations under this Lease if any Each of the following events occurshall constitute an Event of Default under this Lease:
(a) A. If Tenant shall have failed fail to pay Base Monthly Rent or within five (5) days of the date of written notice from Landlord that said Rent is past due (provided that Landlord shall not be required to provide said written notice more than two (2) times in any Additional Rent when duecalendar year); or
(b) B. If Tenant shall have done fail to perform or permitted to be done observe any act, use or thing in its use, occupancy or possession of the Leased Premises other covenants, terms or the Building or the Outside Areas which is prohibited by the terms of this Lease; or
(c) Tenant shall have failed to perform any term, covenant or condition of conditions contained in this Lease (except those requiring the payment of Base Monthly Rent or Additional Rent, which failures shall be governed by subparagraph (a) above) within thirty (30) days after written notice from thereof by Landlord (provided that Tenant shall not be deemed to Tenant specifying be in default if the nature default is of such failure a nature that it cannot be cured within thirty (30) days and requesting Tenant commences to perform samecure its default within said thirty (30) day period and diligently pursues the cure to completion; or
(d) Tenant shall have sublet the Leased Premises C. If a receiver or assigned or encumbered its interest in this Lease in violation of the provisions contained in Article 7, whether voluntarily or by operation of law; or
(e) Tenant shall have abandoned the Leased Premises; or
(f) Tenant or any Guarantor of this Lease shall have permitted or suffered the sequestration or attachment of, or execution on, or the appointment of a custodian or receiver with respect to, all or any substantial part of the property or assets of Tenant (or such Guarantor) or any property or asset essential trustee is appointed to the conduct of Tenant's (or such Guarantor's) business, and Tenant (or such Guarantor) shall have failed to obtain a return or release of the same within thirty days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; or
(g) Tenant or any Guarantor of this Lease shall have made a general assignment take possession of all or a substantial part portion of its the assets of Tenant and such receiver or trustee is not dismissed within thirty (30) days; or
D. If Tenant makes an assignment for the benefit of its creditors; or
E. If any bankruptcy, reorganization, insolvency, creditor adjustment or debt rehabilitation proceedings are instituted by or against Tenant under any state or federal law and the same are not dismissed within thirty (h30) days; or
F. If levy, execution, or attachment proceedings or other process of law are commenced upon, on or against Tenant or any Guarantor a substantial portion of this Lease shall have allowed Tenant's assets and the same are not dismissed within thirty (or sought30) to have entered against it days; or
G. If a decree or order which: (i) grants or constitutes an order for reliefliquidator, appointment of a receiver, custodian, sequester, conservator, trustee, or condemnation or a reorganization plan under the bankruptcy laws of the United States; (ii) approves as properly filed a petition seeking liquidation or reorganization under said bankruptcy laws or any other debtor's relief law or similar statute of the United States or any state thereof; or (iii) otherwise directs the winding up or liquidation of judicial officer is applied for by Tenant; provided, however, if any decree or order was entered without Tenant's consent or over Tenant's objection, Landlord may not terminate this Lease pursuant to this Subparagraph if such decree or order is rescinded or reversed within thirty days after its original entry; or
(i) H. If Tenant becomes insolvent in the bankruptcy or any Guarantor of this Lease shall have availed itself of the protection of any debtor's relief law, moratorium law or other similar law which does not require the prior entry of a decree or order.equity sense; or
I. Intentionally Omitted. 19 20
Appears in 1 contract
Samples: Lease Agreement (Wackenhut Corp)
Events of Tenant’s Default. Tenant shall be in default of its obligations obligation under this Lease if any of the following events occur:
(a) A. Tenant shall have failed to pay Base Monthly Rent or any Additional Rent when due; or
(b) B. Tenant shall have done or permitted to be have been done any act, use or thing in its use, occupancy or possession of the Leased Premises or the Building or the Outside Areas which is prohibited by the terms of this Lease; or
(c) C. Tenant shall have failed to perform any term, covenant or condition of this Lease (Lease, except those requiring the payment of Base Monthly Rent or Additional Rent, which failures shall be governed by subparagraph (a) above) or defaults specified on X, X, X, X, X, X, X, J of this Section 12.1, within thirty (30) ten days after written notice from Landlord to Tenant specifying the nature of such failure and requesting Tenant to perform same; orsame provided that such failure cannot be cured within such 10 day period, so long as Tenant commences to cure within such 10 day period, Tenant shall have 30 days to cure such failure.
(d) D. Tenant shall have sublet the Leased Premises or assigned or encumbered its interest in this Lease in violation of the provisions contained in Article 7, whether voluntarily or by operation of lawLaw; or
(e) E. Tenant shall have abandoned the Leased Premises; or
(f) F. Tenant or any Guarantor of this Lease shall have permitted or suffered the sequestration or attachment of, or execution on, or the appointment of a custodian or receiver with respect to, all or any substantial part of the property or assets of Tenant (or such Guarantor) or any property or asset essential to the conduct of Tenant's (or such Guarantor'sGuarantors) business, and Tenant (or such Guarantor) shall have failed to obtain a return or release of the same within thirty days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; or
(g) G. Tenant or any Guarantor of this Lease shall have made a general assignment of all or a substantial part of its assets for the benefit of its creditors; or
(h) H. Tenant or any Guarantor of this Lease shall have allowed (or sought) to have entered against it a decree or order which: which (i) grants or constitutes an order for relief, appointment of a trustee, or condemnation confirmation or a reorganization plan under the bankruptcy laws of the United States; (ii) approves as properly filed a petition seeking liquidation or reorganization under said bankruptcy laws or any other debtor's relief law or similar statute statue of the United States or any state thereof; or (iii) otherwise directs the winding up or liquidation of Tenant; provided, however, if any decree or order was entered without Tenant's consent or over Tenant's objection, Landlord may not terminate this Lease pursuant to this Subparagraph if such decree or order is rescinded or reversed within thirty days after its original entry; or.
(i) I. Tenant or any Guarantor of this Lease shall have availed itself of the protection of any debtor's relief law, moratorium law or other similar law Law which does not require the prior entry of a decree or order.
J. Tenant shall have failed to deliver an estoppel certificate within the time and as required by Section 13.6 or failure to deliver any document or instrument within the time as required by Section 13.3.
Appears in 1 contract
Events of Tenant’s Default. Tenant shall be in default of its obligations under this Lease if any of the following events occur:
(a) A. Tenant shall have failed to pay Base Monthly Rent or any Additional Rent when within six calendar days after Tenant’s receipt of written notice from Landlord that same is due; or
(b) Tenant shall have done or permitted to be done any act, use or thing in its use, occupancy or possession of the Leased Premises or the Building or the Outside Areas which is prohibited by the terms of this Lease; or
(c) B. Tenant shall have failed to perform any term, covenant or condition of this Lease (Lease, except those requiring the payment of Base Monthly Rent or Additional Rent, which failures shall be governed by subparagraph (a) above) within thirty (30) days after written notice from Landlord to Tenant specifying the nature of such failure and requesting Tenant to perform same; orsame or if performance can not reasonably be done within thirty days, then Tenant shall not be in default if Tenant promptly begins such performance and diligently prosecutes it to completion.
(d) C. Tenant shall have sublet the Leased Premises or assigned or encumbered its interest in this Lease in violation of the provisions contained in Article 7, whether voluntarily or by operation of lawLaw; or
(e) Tenant shall have abandoned the Leased Premises; or
(f) D. Tenant or any Guarantor of this Lease shall have permitted or suffered the sequestration or attachment of, or execution on, or the appointment of a custodian or receiver with respect to, all or any substantial part of the property or assets of Tenant (or such Guarantor) or any property or asset essential to the conduct of Tenant's ’s (or such Guarantor'sGuarantors) business, and Tenant (or such Guarantor) shall have failed to obtain a return or release of the same within thirty days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; or;
(g) E. Tenant or any Guarantor of this Lease shall have made a general assignment of all or a substantial part of its assets for the benefit of its creditors; or
(h) F. Tenant or any Guarantor of this Lease shall have allowed (or sought) to have entered against it a decree or order which: (i) grants or constitutes an order for relief, appointment of a trustee, or condemnation confirmation or a reorganization plan under the bankruptcy laws of the United States; (ii) approves as properly filed a petition seeking liquidation or reorganization under said bankruptcy laws or any other debtor's ’s relief law or similar statute of the United States or any state thereof; or (iii) otherwise directs the winding up or liquidation of Tenant; provided, however, if any decree or order was entered without Tenant's ’s consent or over Tenant's ’s objection, Landlord may not terminate this Lease pursuant to this Subparagraph Subarticle if such decree or order is rescinded or reversed within thirty days after its original entry; or.
(i) I. Tenant or any Guarantor of this Lease shall have availed itself of the protection of any debtor's ’s relief law, moratorium law or other similar law Law which does not require the prior entry of a decree or order. Tenant agrees that any notice given by Landlord pursuant to Paragraph 12.1 of the Lease shall satisfy the requirements for notice under California Code of Civil Procedure Section 1161, and Landlord shall not be required to give any additional notice in order to be entitled to commence an unlawful detainer proceeding.
Appears in 1 contract
Events of Tenant’s Default. Tenant shall be in default of its obligations under this Lease if any of the following events occur:
(a) A. Tenant shall have failed to pay Base Monthly Rent or any Additional Rent when due; or
(b) B. Tenant shall have done or permitted to be have been done any act, use or thing in its use, occupancy or possession of the Leased Premises or in its use of the Building or the Outside Common Areas which is prohibited by the terms of this Lease; or
(c) C. Tenant shall have failed to perform any term, covenant or condition of this Lease (Lease, except those requiring the payment of Base Monthly Rent or Additional Rent, which failures shall be governed by subparagraph (a) above) within thirty (30) ten days after written notice from Landlord to Tenant specifying the nature of such failure and requesting Tenant to perform same; or.
(d) D. Tenant shall have sublet the Leased Premises or assigned or encumbered its interest in this Lease in violation of the provisions contained in Article 7, whether voluntarily or by operation of lawLaw; or
(e) E. Tenant shall have abandoned the Leased Premises; or
(f) F. Tenant or any Guarantor of this Lease shall have permitted or suffered the sequestration or attachment of, or execution on, or the appointment of a custodian or receiver with respect to, all or any substantial part of the property or assets of Tenant (or such Guarantor) or any property or asset essential to the conduct of Tenant's ’s (or such Guarantor's’s) business, and Tenant (or such Guarantor) shall have failed to obtain a return or release of the same within thirty days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; or
(g) G. Tenant or any Guarantor of this Lease shall have made a general assignment of all or a substantial part of its assets for the benefit of its creditors; or
(h) H. Tenant or any Guarantor of this Lease shall have allowed (or sought) to have entered against it a decree or order which: (i) grants or constitutes an order for relief, appointment of a trustee, or condemnation or confirmation of a reorganization plan under the bankruptcy laws of the United States; (ii) approves as properly property filed a petition seeking liquidation or reorganization under said bankruptcy laws or any other debtor's ’s relief law or similar statute of the United States or any state thereof; or (iii) otherwise directs the winding up or liquidation of Tenant; provided, however, if any decree or order was entered without Tenant's ’s consent or over Tenant's ’s objection, Landlord may not terminate this Lease pursuant to this Subparagraph if such decree or order is rescinded or reversed within thirty days after its original entry; or.
(i) I. Tenant or any Guarantor of this Lease shall have availed itself of the protection of any debtor's ’s relief law, moratorium law or other similar law Law which does not require the prior entry of a decree or order.
Appears in 1 contract
Events of Tenant’s Default. Tenant shall be in default of its obligations under this Lease if any of the following events occur:
(a) Tenant shall have failed to pay Base Monthly Rent or any Additional Rent when due; or
(b) Tenant shall have done or permitted to be done any act, use or thing in its use, occupancy or possession of the Leased Premises or the Building or the Outside Areas which is prohibited by the terms of this Lease; or
(c) Tenant shall have failed to perform any term, covenant or condition of this Lease (except those requiring the payment of Base Monthly Rent or Additional Rent, which failures shall be governed by subparagraph (a) above) within thirty (30) days after written notice from Landlord to Tenant specifying the nature of such failure and requesting Tenant to perform samesame or within such longer period as is reasonably required in the event such default is curable but not within such thirty (30) day period, PROVIDED such cure is promptly commenced within such thirty (30) day period and thereafter is diligently prosecuted to completion; or
(d) Tenant shall have sublet the Leased Premises or assigned or encumbered its interest in this Lease in violation of the provisions contained in Article 7, whether voluntarily or by operation of law; or
(e) Tenant shall have abandoned the Leased Premises; or
(f) Tenant or any Guarantor of this Lease shall have permitted or suffered the sequestration or attachment of, or execution on, or the appointment of a custodian or receiver with respect to, all or any substantial part of the property or assets of Tenant (or such Guarantor) or any property or asset essential to the conduct of Tenant's (or such Guarantor's) business, and Tenant (or such Guarantor) shall have failed to obtain a return or release of the same within thirty sixty (60) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; or
(g) Tenant or any Guarantor of this Lease shall have made a general assignment of all or a substantial part of its assets for the benefit of its creditors; or
(h) Tenant or any Guarantor of this Lease shall have allowed (or sought) to have entered against it a decree or order which: (i) grants or constitutes an order for relief, appointment of a trustee, or condemnation or a reorganization plan under the bankruptcy laws of the United States; (ii) approves as properly filed a petition seeking liquidation or reorganization under said bankruptcy laws or any other debtor's relief law or similar statute of the United States or any state thereof; or (iii) otherwise directs the winding up or liquidation of Tenant; provided, however, if any decree or order was entered without Tenant's consent or over Tenant's objection, Landlord may not terminate this Lease pursuant to this Subparagraph if such decree or order is rescinded or reversed within thirty sixty (60) days after its original entry; or
(i) Tenant or any Guarantor of this Lease shall have availed itself of the protection of any debtor's relief law, moratorium law or other similar law which does not require the prior entry of a decree or order.
Appears in 1 contract
Samples: Lease (Ultratech Stepper Inc)
Events of Tenant’s Default. Tenant Tent shall be in default of its obligations under this Lease if any of the following events occuroccurs:
(a) A. Tenant shall have failed to pay Base Monthly Rent or any Additional Rent when due; or
(b) Tenant shall have done or permitted to be done any act, use or thing in its use, occupancy or possession of the Leased Premises or the Building or the Outside Areas which is prohibited by the terms of this Lease; or
(c) B. Tenant shall have failed to perform any term, covenant covenant, or condition of this Lease (except those requiring the payment of Base Monthly Rent or Additional Rent, which failures and Tenant shall be governed by subparagraph have failed to cure such breach within ten (a) above) within thirty (3010) days after written notice from Landlord to Tenant specifying the nature of such failure and requesting Tenant to perform samebreach; or
(d) Tenant shall C. Txxxxx xxxll have made a general assignment of its assets for the benefit of its creditors; or
D. Txxxxx xxxll have sublet the Leased Premises or assigned or encumbered its interest in this the Lease in violation of the provisions contained in Article 714, whether voluntarily or by operation of law; or
(e) Tenant shall have abandoned the Leased Premises; or
(f) Tenant or any Guarantor of this Lease shall E. Txxxxx xxxll have permitted or suffered the sequestration or attachment of, or execution on, or the appointment of a custodian or receiver with respect to, all or any substantial part of the property or assets of Tenant (or such Guarantor) or any property or asset essential to the conduct of Tenant's (or such Guarantor's) business, business and Tenant (or such Guarantor) shall have failed to obtain a return or release of the same such property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; or
F. Txxxxx xxxll have abandoned the Leased Premises or left the Leased Premises vacant for more than fourteen (g14) Tenant or days in any Guarantor of this Lease sixty (60) day period; or
G. A court shall have made a general assignment of all or a substantial part of its assets for the benefit of its creditors; or
(h) entered any decree or order with respect to Tenant or any Guarantor of this Lease Tenant shall have allowed (submitted to or sought) to have entered against it sought a decree or order (or a petition or pleading shall have been filed in connection therewith) which: (i) grants or constitutes (or seeks) an order for relief, appointment of a trustee, or condemnation or confirmation of a reorganization plan under the bankruptcy laws of the United States; (ii) approves as properly filed (or seeks such approval of) a petition seeking liquidation or reorganization under said bankruptcy laws or any other debtor's relief law or similar statute of the United States or any state thereof; or (iii) otherwise directs (or seeks) the winding up or liquidation of Tenant; providedand such petition, however, if any decree or order was entered without Tenant's consent or over Tenant's objection, Landlord may not terminate this Lease pursuant to this Subparagraph if such decree or order is rescinded or reversed within thirty days after its original entry; or
(i) Tenant or any Guarantor of this Lease shall have availed itself continued in effect for a period of the protection of any debtor's relief law, moratorium law thirty (30) or other similar law which does not require the prior entry of a decree or ordermore days.
Appears in 1 contract
Events of Tenant’s Default. Tenant shall be in default of its obligations under this Lease if any of the following events occur:
(a) Tenant shall have failed to pay Base Monthly Rent or any Additional Rent when due; or
(b) Tenant shall have done or permitted to be done any act, use or thing in its use, occupancy or possession of the Leased Premises or the Building or the Outside Areas which is prohibited by the terms of this Lease; or
(c) Tenant shall have failed to perform any term, covenant or condition of this Lease (except those requiring the payment of Base Monthly Rent or Additional Rent, which failures shall be governed by subparagraph (a) above) within thirty (30) days after written notice from Landlord to Tenant specifying the nature of such failure and requesting Tenant to perform same; or
(d) Tenant shall have sublet the Leased Premises or assigned or encumbered its interest in this Lease in violation of the provisions contained in Article 7, whether voluntarily or by operation of law; or
(e) Tenant shall have abandoned the Leased Premises; or
(f) Tenant or any Guarantor of this Lease shall have permitted or suffered the sequestration or attachment of, or execution on, or the appointment of a custodian or receiver with respect to, all or any substantial part of the property or assets of Tenant (or such Guarantor) or any property or asset essential to the conduct of Tenant's (or such Guarantor's) business, and Tenant (or such Guarantor) shall have failed to obtain a return or release of the same within thirty days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; or
(g) Tenant or any Guarantor of this Lease shall have made a general assignment of all or a substantial part of its assets for the benefit of its creditors; or
(h) Tenant or any Guarantor of this Lease shall have allowed (or sought) to have entered against it a decree or order which: (i) grants or constitutes an order for relief, appointment of a trustee, or condemnation or a reorganization plan under the bankruptcy laws of the United States; (ii) approves as properly filed a petition seeking liquidation or reorganization under said bankruptcy laws or any other debtor's relief law or similar statute of the United States or any state thereof; , or (iii) otherwise directs the winding up or liquidation of Tenant; provided, however, if any decree or order was entered without Tenant's consent or over Tenant's objection, Landlord may not terminate this Lease pursuant to this Subparagraph if such decree or order is rescinded or reversed within thirty days after its original entry; or
(i) Tenant or any Guarantor of this Lease shall have availed itself of the protection of any debtor's relief law, moratorium law or other similar law which does not require the prior entry of a decree or order.
(j) Tenant shall be in default of its obligations under any other Lease between Landlord and Tenant.
Appears in 1 contract
Events of Tenant’s Default. Tenant shall be in default of its obligations under this Lease if any of the following events occur:
(a) occur within 10 days following receipt of written notice: Tenant shall have failed to pay Base Monthly Rent or any Additional Rent when due; or
(b) or Tenant shall have done or permitted to be have done any act, use or thing in its use, occupancy or possession of the Leased Premises or the Building or the Outside Areas which is prohibited by the terms of this Lease; or
(c) or Tenant shall have failed to perform any term, covenant or condition of this Lease (Lease, except those requiring the payment of Base Monthly Rent or Additional Rent, which failures shall be governed by subparagraph (a) above) within thirty (30) -days after written notice from Landlord to Tenant specifying the nature of such failure and requesting Tenant to perform same; or
(d) . Tenant shall have sublet the Leased Premises or assigned or encumbered its interest in this Lease in violation of the provisions contained in Article 7, whether voluntarily or by operation of lawLaw; or
(e) or Tenant shall have abandoned the Leased Premisespremises; or
(f) or Tenant or any Guarantor of this Lease shall have permitted or suffered the sequestration or attachment of, or execution on, or the appointment of a custodian or receiver with respect to, all or any substantial part of the property or assets of Tenant (or such Guarantor) or any property or asset essential to the conduct of Tenant's (or such Guarantor'sGuarantors) business, and Tenant (or such Guarantor) shall have failed to obtain a return or release of the same within thirty days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; or
(g) or Tenant or any Guarantor of this Lease shall have made a in general assignment of all or a substantial part of its assets for the benefit of its creditors; or
(h) or Tenant or any Guarantor of this Lease shall have allowed (or sought) to have entered against it a decree or order which: (i) grants or constitutes an order for relief, appointment of a trustee, or condemnation confirmation or a reorganization plan under the bankruptcy laws of the United States; (ii) approves as properly filed a petition seeking liquidation or reorganization under said bankruptcy laws or any other debtor's relief law or similar statute of the United States or any state thereof; or (iii) otherwise directs the winding up or liquidation of Tenant; provided, however, if any decree or order was entered without Tenant's consent or over Tenant's objection, Landlord may not terminate this Lease pursuant to this Subparagraph Subarticle if such decree or order is rescinded or reversed within thirty days after its original entry; or
(i) . Tenant or any Guarantor of this Lease shall have availed itself of the protection of any debtor's relief law, moratorium law or other similar law Law which does not require the prior entry of a decree or order.
Appears in 1 contract
Events of Tenant’s Default. Tenant shall be in default of its obligations under this Lease if any of the following events occur:
(a) A. Tenant shall have failed to pay Base Monthly Rent or any Additional Rent when duedue (see attached); or
(b) B. Tenant shall have done or permitted to be have been done any act, use or thing in its use, occupancy or possession of the Leased Premises or in its use of the Building or the Outside Common Areas which is prohibited by the terms of this Lease; (see attached) or
(c) C. Tenant shall have failed to perform any term, covenant or condition of this Lease (Lease, except those requiring the payment of Base Monthly Rent or Additional Rent, which failures shall be governed by subparagraph within fifteen days (asee attached) above) within thirty (30) days after written notice from Landlord to Tenant tenant specifying the nature of such failure and requesting Tenant to perform same; or.
(d) D. Tenant shall have sublet the Leased Lease Premises or assigned or encumbered its interest in this Lease in violation of the provisions contained in Article 7, whether voluntarily or by operation of lawLaw; or
(e) Tenant shall have abandoned the Leased Premises; or
(f) E. Tenant or any Guarantor of this Lease shall have permitted or suffered the sequestration or attachment of, or execution on, or the appointment of a custodian or receiver with respect to, all or any substantial part of the property or assets of Tenant (or such Guarantor) or any property or asset essential to the conduct of Tenant's (or such Guarantor's) business, and Tenant (or such Guarantor) shall have failed to obtain a return or release of the same within thirty days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; or
(g) F. Tenant or any Guarantor of this Lease shall have made a general assignment of all or a substantial part of its assets for the benefit of its creditors; or
(h) G. Tenant or any Guarantor of this Lease shall have allowed (or sought) sough0 to have entered against it a decree or order which: (i) grants or constitutes an order for relief, appointment of a trustee, or condemnation or confirmation of a reorganization plan under the bankruptcy laws of the United States; (ii) approves as properly filed a petition seeking liquidation or reorganization under said bankruptcy laws or any other debtor's relief law or similar statute of the United States or any state thereof; or (iii) otherwise directs the winding up or liquidation of Tenant; provided, however, if any decree or order was entered without Tenant's consent or over Tenant's objection, Landlord may not terminate this Lease pursuant to this Subparagraph Subarticle if such decree or order is rescinded or reversed within thirty days after its original entry; or.
(i) H. Tenant or any Guarantor of this Lease shall have availed itself of the protection of any debtor's relief law, moratorium law or other similar law Law which does not require the prior entry of a decree or of order.
Appears in 1 contract
Samples: Industrial Space Lease (Asyst Technologies Inc /Ca/)
Events of Tenant’s Default. Tenant shall be in default of its obligations under this Lease if any of the following events occur:
(a) Tenant shall have failed to pay Base Monthly Rent or any Additional Rent when due; or
(b) Tenant shall have done or permitted to be done any act, use or thing in its use, occupancy or possession of the Leased Premises or the Building or the Outside Areas which is prohibited by the terms of this Lease; or
(c) Tenant shall have failed to perform any term, covenant or condition of this Lease (except those requiring the payment of Base Monthly Rent or Additional Rent, which failures shall be governed by subparagraph (a) above) within thirty (30) days after written notice from Landlord to Tenant specifying the nature of such failure and requesting Tenant to perform same; or
(d) Tenant shall have sublet the Leased Premises or assigned or encumbered its interest in this Lease in violation of the provisions contained in Article 7, whether voluntarily or by operation of law; or
(e) Tenant shall have abandoned the Leased Premises; or
(f) Tenant or any Guarantor of this Lease shall have permitted or suffered the sequestration or attachment of, or execution on, or the appointment of a custodian or receiver with respect to, all or any substantial part of the property or assets of Tenant (or such Guarantor) or any property or asset essential to the conduct of Tenant's ’s (or such Guarantor's’s) business, and Tenant (or such Guarantor) shall have failed to obtain a return or release of the same within thirty days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; or
(g) Tenant or any Guarantor of this Lease shall have made a general assignment of all or a substantial part of its assets for the benefit of its creditors; or
(h) Tenant or any Guarantor of this Lease shall have allowed (or sought) to have entered against it a decree or order which: (i) grants or constitutes an order for relief, appointment of a trustee, or condemnation or a reorganization plan under the bankruptcy laws of the United States; (ii) approves as properly filed a petition seeking liquidation or reorganization under said bankruptcy laws or any other debtor's ’s relief law or similar statute of the United States or any state thereof; or (iii) otherwise directs the winding up or liquidation of Tenant; provided, however, if any decree or order was entered without Tenant's ’s consent or over Tenant's ’s objection, Landlord may not terminate this Lease pursuant to this Subparagraph if such decree or order is rescinded or reversed within thirty days after its original entry. This Section 12.1(h) shall not apply to any bankruptcy filing in effect as of the date of this Lease; or
(i) Tenant or any Guarantor of this Lease shall have availed itself of the protection of any debtor's ’s relief law, moratorium law or other similar law which does not require the prior entry of a decree or order.
Appears in 1 contract
Events of Tenant’s Default. Tenant shall be in default of its obligations under this Lease if any of the following events occur:
(a) A. Tenant shall have failed to pay Base Monthly Rent or any Additional Rent when due; or
(b) B. Tenant shall have done or permitted to be have been done any act, use or thing in its use, occupancy or possession of the Leased Premises or in its use of the Building or the Outside Common Areas which is prohibited by the terms of this Lease; or
(c) C. Tenant shall have failed to perform any term, covenant or condition of this Lease (Lease, except those requiring the payment of Base Monthly Rent or Additional Rent, which failures shall be governed by subparagraph (a) above) within thirty (30) ten days after written notice from Landlord to Tenant specifying the nature of such failure and requesting Tenant to perform same; or.
(d) D. Tenant shall have sublet the Leased Premises or assigned or encumbered its interest in this Lease in violation of the provisions contained in Article 7, whether voluntarily or by operation of lawLaw; or
(e) E. Tenant shall have abandoned failed too continuously occupy the Leased PremisesPremises for a period of 10 consecutive days; or
(f) F. Tenant or any Guarantor of this Lease shall have permitted or suffered the sequestration or attachment of, or execution on, or the appointment of a custodian or receiver with respect to, all or any substantial part of the property or assets of Tenant (or such Guarantor) or any property or asset essential to the conduct of Tenant's (or such Guarantor's) business, and Tenant (or such Guarantor) shall have failed to obtain a return or release of the same within thirty days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; or
(g) G. Tenant or any Guarantor of this Lease shall have made a general assignment of all or a substantial part of its assets for the benefit of its creditors; or
(h) H. Tenant or any Guarantor of this Lease shall have allowed (or sought) to have entered against it a decree or order which: (i) grants or constitutes an order for relief, appointment of a trustee, or condemnation or confirmation of a reorganization plan under the bankruptcy laws of the United States; (ii) approves as properly filed a petition seeking liquidation or reorganization under said bankruptcy laws or any other debtor's relief law or similar statute of the United States or any state thereof; or (iii) otherwise directs the winding up or liquidation of Tenant; provided, however, if any decree or order was entered without Tenant's consent or over Tenant's objection, Landlord may not terminate this Lease pursuant to this Subparagraph Subarticle if such decree or order is rescinded or reversed within thirty days after its original entry; or.
(i) I. Tenant or any Guarantor of this Lease shall have availed itself of the protection of any debtor's relief law, moratorium law or other similar law Law which does not require the prior entry of a decree or of order.
Appears in 1 contract
Events of Tenant’s Default. Tenant shall be in default of its obligations under this Lease if any of the following events occur:
(a) Tenant shall have failed to pay Base Monthly Rent or any Additional Rent when due; or
(b) Tenant shall have done or permitted to be done any act, use or thing in its use, occupancy or possession of the Leased Premises or the Building or the Outside Areas which is prohibited by the terms of this Lease; or
(c) Tenant shall have failed to perform any term, covenant or condition of this Lease (except those requiring the payment of Base Monthly Rent or Additional Rent, which failures shall be governed by subparagraph (a) above) within thirty (30) days after written notice from Landlord to Tenant specifying the nature of such failure and requesting Tenant to perform same; or
(d) Tenant shall have sublet the Leased Premises or assigned or encumbered its interest in this Lease in violation of the provisions contained in Article 7, whether voluntarily or by operation of law; or
(e) Tenant shall have abandoned the Leased Premises; or
(f) Tenant or any Guarantor of this Lease shall have permitted or suffered the sequestration or attachment of, or execution on, or the appointment of a custodian or receiver with respect to, all or any substantial part of the property or assets of Tenant (or such Guarantor) or any property or asset essential to the conduct of Tenant's (or such Guarantor's) business, and Tenant (or such Guarantor) shall have failed to obtain a return or release of the same within thirty days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; or
(g) Tenant or any Guarantor of this Lease shall have made a general assignment of all or a substantial part of its assets for the benefit of its creditors; or
(h) Tenant or any Guarantor of this Lease shall have allowed (or sought) to have entered against it a decree or order which: (i) grants or constitutes an order for relief, appointment of a trustee, or condemnation or a reorganization plan under the bankruptcy laws of the United States; (ii) approves as properly filed a petition seeking liquidation or reorganization under said bankruptcy laws or any other debtor's relief law or similar statute of the United States or any state thereof; or (iii) otherwise directs the winding up or liquidation of Tenant; provided, however, if any decree or order was entered without Tenant's consent or over Tenant's objection, Landlord may not terminate this Lease pursuant to this Subparagraph if such decree or order is rescinded or reversed within thirty days after its original entry; or
(i) Tenant or any Guarantor of this Lease shall have availed itself of the protection of any debtor's relief law, moratorium law or other similar law which does not require the prior entry of a decree or order.
(j) Tenant shall be in default of its obligations under any other Lease between Landlord and Tenant.
Appears in 1 contract
Events of Tenant’s Default. Tenant shall be in default of its obligations under this Lease if any of the following events occuroccur within 10 days following receipt of written notice:
(a) A. Tenant shall have failed to pay Base Monthly Rent or any Additional Rent when due; or
(b) B. Tenant shall have done or permitted to be have done any act, use or thing in its use, occupancy or possession of the Leased Premises or the Building or the Outside Areas which is prohibited by the terms of this Lease; or
(c) C. Tenant shall have failed to perform any term, covenant or condition of this Lease (Lease, except those requiring the payment of Base Monthly Rent or Additional Rent, which failures shall be governed by subparagraph (a) above) within thirty (30) -days after written notice from Landlord to Tenant specifying the nature of such failure and requesting Tenant to perform same; or.
(d) D. Tenant shall have sublet the Leased Premises or assigned or encumbered its interest in this Lease in violation of the provisions contained in Article 7, whether voluntarily or by operation of lawLaw; or
(e) E. Tenant shall have abandoned the Leased Premisespremises; or
(f) F. Tenant or any Guarantor of this Lease shall have permitted or suffered the sequestration or attachment of, or execution on, or the appointment of a custodian or receiver with respect to, all or any substantial part of the property or assets of Tenant (or such Guarantor) or any property or asset essential to the conduct of Tenant's (or such Guarantor'sGuarantors) business, and Tenant (or such Guarantor) shall have failed to obtain a return or release of the same within thirty days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; or
(g) G. Tenant or any Guarantor of this Lease shall have made a in general assignment of all or a substantial part of its assets for the benefit of its creditors; or
(h) H. Tenant or any Guarantor of this Lease shall have allowed (or sought) to have entered against it a decree or order which: (i) grants or constitutes an order for relief, appointment of a trustee, or condemnation confirmation or a reorganization plan under the bankruptcy laws of the United States; (ii) approves as properly filed a petition seeking liquidation or reorganization under said bankruptcy laws or any other debtor's relief law or similar statute of the United States or any state thereof; or (iii) otherwise directs the winding up or liquidation of Tenant; provided, however, if any decree or order was entered without Tenant's consent or over Tenant's objection, Landlord may not terminate this Lease pursuant to this Subparagraph Subarticle if such decree or order is rescinded or reversed within thirty days after its original entry; or.
(i) I. Tenant or any Guarantor of this Lease shall have availed itself of the protection of any debtor's relief law, moratorium law or other similar law Law which does not require the prior entry of a decree or order.
Appears in 1 contract
Events of Tenant’s Default. Tenant shall be in default of its obligations under this Lease if any of the following events occur:
(a) Tenant shall have failed to pay Base Monthly Rent or any Additional Rent when due; or
(b) Tenant shall have done or permitted to be done any act, use or thing in its use, occupancy or possession of the Leased Premises or the Building or the Outside Areas which is prohibited by the terms of this Lease; or
(c) Tenant shall have failed to perform any term, covenant or condition of this Lease (except those requiring the payment of Base Monthly Rent or Additional Rent, which failures shall be governed by subparagraph (a) above) within thirty (30) days after written notice from Landlord to Tenant specifying the nature of such failure and requesting Tenant to perform same; or
(d) Tenant shall have sublet the Leased Premises or assigned or encumbered its interest in this Lease in violation of the provisions contained in Article 7, whether voluntarily or by operation of law; or
(e) Tenant shall have abandoned the Leased Premises; or
(f) Tenant or any Guarantor of this Lease shall have permitted or suffered the sequestration or attachment of, or execution on, or the appointment of a custodian or receiver with respect to, all or any substantial part of the property or assets of Tenant (or such Guarantor) or any property or asset essential to the conduct of Tenant's (or such Guarantor's) business, and Tenant (or such Guarantor) shall have failed to obtain a return or release of the same within thirty days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; or
(g) Tenant or any Guarantor of this Lease shall have made a general assignment of all or a substantial part of its assets for the benefit of its creditors; or
(h) Tenant or any Guarantor of this Lease shall have allowed (or sought) to have entered against it a decree or order which: (i) grants or constitutes an order for relief, appointment of a trustee, or condemnation or a reorganization plan under the bankruptcy laws of the United States; (ii) approves as properly filed a petition seeking liquidation or reorganization under said bankruptcy laws or any other debtor's relief law or similar statute of the United States or any state thereof; or (iii) otherwise directs the winding up or liquidation of Tenant; provided, however, if any decree or order was entered without Tenant's consent or over Tenant's objection, Landlord may not terminate this Lease pursuant to this Subparagraph if such decree or order is rescinded or reversed within thirty days after its original entry; or
(i) Tenant or any Guarantor of this Lease shall have availed itself of the protection of any debtor's relief law, moratorium law or other similar law which does not require the prior entry of a decree or order.
(j) Tenant shall be in default of its obligations under any other Lease between Landlord and Tenant.
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