Common use of Insolvency or Bankruptcy Clause in Contracts

Insolvency or Bankruptcy. The occurrence of any of the following shall constitute an Event of Default under Paragraph 25 below: a. Tenant ceases doing business as a going concern, makes an assignment for the benefit of creditors, is adjudicated an insolvent, files a petition (or files an answer admitting the material allegations of such petition) seeking for Tenant any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar arrangement under any state or federal bankruptcy or other law, or Tenant consents to or acquiesces in the appointment, pursuant to any state or federal bankruptcy or other law, of a trustee, receiver or liquidator for the Premises, for Tenant or for all or any substantial part of Tenant’s assets; or b. Tenant fails within sixty (60) days after the commencement of any proceedings against Tenant seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any state or federal bankruptcy or other Legal Requirement, to have such proceedings dismissed, or Tenant fails, within sixty (60) days after an appointment pursuant to any state or federal bankruptcy or other Legal Requirement without Tenant’s consent or acquiescence, of any trustee, receiver or liquidator for the Premises, for Tenant or for all or any substantial part of Tenant’s assets, to have such appointment vacated; or c. Tenant is unable, or admits in writing its inability, to pay its debts as they mature; or d. Tenant gives notice to any governmental body of its insolvency or pending insolvency, or of its suspension or pending suspension of operations. In no event shall this Lease be assigned or assignable by reason of any voluntary or involuntary bankruptcy, insolvency or reorganization proceedings, nor shall any rights or privileges hereunder be an asset of Tenant, the trustee, debtor-in-possession, or the debtor’s estate in any bankruptcy, insolvency or reorganization proceedings.

Insolvency or Bankruptcy. The occurrence of any of the following shall constitute an Event of Default under Paragraph 25 below: a. 1. Tenant ceases doing business as a going concern, makes an assignment for the benefit of creditors, is adjudicated an insolvent, files a petition (or files an answer admitting the material allegations of such petition) seeking for Tenant any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar arrangement under any state or federal bankruptcy or other law, or Tenant consents to or acquiesces in the appointment, pursuant to any state or federal bankruptcy or other law, of a trustee, receiver or liquidator for the Premises, for Tenant or for all or any substantial part of Tenant’s 's assets; or b. 2. Tenant fails within sixty (60) days after the commencement of any proceedings against Tenant seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any state or federal bankruptcy or other Legal Requirement, to have such proceedings dismissed, or Tenant fails, within sixty (60) days after an appointment pursuant to any state or federal bankruptcy or other Legal Requirement without Tenant’s 's consent or acquiescence, of any trustee, receiver or liquidator for the Premises, for Tenant or for all or any substantial part of Tenant’s 's assets, to have such appointment vacated; or c. 3. Tenant is unable, or admits in writing its inability, to pay its debts as they mature; or d. 4. Tenant gives notice to any governmental body of its insolvency or pending insolvency, or of its suspension or pending suspension of operations. In no event shall this Lease be assigned or assignable by reason of any voluntary or involuntary bankruptcy, insolvency or reorganization proceedings, nor shall any rights or privileges hereunder be an asset of Tenant, the trustee, debtor-in-possession, or the debtor’s 's estate in any bankruptcy, insolvency or reorganization proceedings.

Insolvency or Bankruptcy. The occurrence of any of the following ------------------------ shall constitute an Event of Default under Paragraph 25 below: a. 1. Tenant ceases doing business as a going concern, makes an assignment for the benefit of creditors, is adjudicated an insolvent, files a petition (or files an answer admitting the material allegations of such petition) seeking for Tenant any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar arrangement under any state or federal bankruptcy or other law, or Tenant consents to or acquiesces in the appointment, pursuant to any state or federal bankruptcy or other law, of a trustee, receiver or liquidator for the Premises, for Tenant or for all or any substantial part of Tenant’s 's assets; or b. 2. Tenant fails within sixty (60) days after the commencement of any proceedings against Tenant seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any state or federal bankruptcy or other Legal Requirement, to have such proceedings dismissed, or Tenant fails, within sixty (60) days after an appointment pursuant to any state or federal bankruptcy or other Legal Requirement without Tenant’s 's consent or acquiescence, of any trustee, receiver or liquidator for the Premises, for Tenant or for all or any substantial part of Tenant’s 's assets, to have such appointment vacated; or c. 3. Tenant is unable, or admits in writing its inability, to pay its debts as they mature; or d. 4. Tenant gives notice to any governmental body of its insolvency or pending insolvency, or of its suspension or pending suspension of operations. In no event shall this Lease be assigned or assignable by reason of any voluntary or involuntary bankruptcy, insolvency or reorganization proceedings, nor shall any rights or privileges hereunder be an asset of Tenant, the trustee, debtor-in-possession, or the debtor’s 's estate in any bankruptcy, insolvency or reorganization proceedings.

Insolvency or Bankruptcy. The occurrence of any of Without limitation, the following shall ehal1 constitute an Event of Default a default under Paragraph 25 belowthis Lease: a. (a) If Tenant ceases doing business as shall file a going concernvoluntary petition under any applicable bankruptcy law or shall have an order for relief entered under any applicable bankruptcy law, makes an assignment for the benefit of creditors, is adjudicated an insolvent, files a or shall file any petition (or files an answer admitting the material allegations of such petition) seeking for Tenant any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar arrangement relief for itself under any the present or future applicable Federal, state or federal bankruptcy other statue or law relative to bankruptcy, insolvency or other lawrelief for debtors, or Tenant consents shall seek to consent to or acquiesces acquiesce in the appointment, pursuant to appointment of any state or federal bankruptcy or other law, of a trustee, receiver receiver, conservator or liquidator for the Premises, for of Tenant or for of all or any substantial part of Tenant’s assetsits properties or its interest in the Premises (the term "acquiesce," as used in this Paragraph, includes but is not limited to the failure to file a petition or motion to vacate appeal or discharge any order, judgment or decree within ten (10) days after retry of such order, judgment or decree); or b. Tenant fails within sixty (60b) days after the commencement If a court of any proceedings competent jurisdiction shall enter an order, judgment or decree approving a petition filed against Tenant seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future applicable Federal, state or federal bankruptcy other statute or law relating to bankruptcy, insolvency, or other Legal Requirementrelief for debtors, to have and Tenant shall acquiesce in the entry of such proceedings dismissedorder, Judgment or decree, or Tenant failssuch order, within Judgment or decree sha11 remain unvacated and unstayed for an aggregate of sixty (60) days after an appointment pursuant to any state (whether or federal bankruptcy not consecutive) from the date of entry thereof, or other Legal Requirement without Tenant’s consent or acquiescence, of any trustee, receiver receiver, conservator or liquidator for the Premises, for of Tenant or for of all or any substantial part of Tenant’s assets, to have its properties or its interest in the Premises shall be appointed without the consent or acquiescence of Tenant and such appointment vacatedshall remain unvacated and unstayed for an aggregate of sixty (60) days (whether or not consecutive); or c. (c) If Tenant is shall be unable, or admits admit in writing its inability, inability to pay its debts as they maturematures; or d. (d) If Tenant gives shall give notice to any governmental body of its insolvency or pending insolvency, or of its suspension or pending suspension or (e) If Tenant shall make an assignment for the benefit of operationscreditors or take any other similar action for the protection or benefit of creditors. Upon the happening of any such event, this Lease shall terminate. In no event shall this Lease be assigned or assignable by reason of any voluntary or involuntary bankruptcy, insolvency or reorganization bankruptcy proceedings, nor shall any rights or privileges hereunder be an asset of Tenant, the trustee, debtor-in-possession, or the debtor’s 's estate in any bankruptcy, insolvency or reorganization proceedings.

Insolvency or Bankruptcy. The occurrence of any of the following shall constitute an Event of Default under Paragraph 25 below: a. Tenant ceases doing business as a going concern, makes an assignment for the benefit of creditorscreditors as an alternative to bankruptcy, is adjudicated an insolvent, files a petition (or files an answer admitting the material allegations of such petition) seeking for Tenant any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar arrangement under any state or federal bankruptcy or other law, or Tenant consents to or acquiesces in the appointment, pursuant to any state or federal bankruptcy or other law, of a trustee, receiver or liquidator for the Premises, for Tenant or for all or any substantial part of Tenant’s assets; or b. Tenant fails within sixty ninety (6090) days after the commencement of any proceedings against Tenant seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any state or federal bankruptcy or other similar Legal Requirement, to have such proceedings dismissed, or Tenant fails, within sixty ninety (6090) days after an appointment pursuant to any state or federal bankruptcy or other Legal Requirement without Tenant’s consent or acquiescence, of any trustee, receiver or liquidator for the Premises, for Tenant or for all or any substantial part of Tenant’s assets, to have such appointment vacated; or c. Tenant is unable, or admits in writing its inability, to pay its debts as they mature; or d. Tenant gives notice to any governmental body of its insolvency or pending insolvency, or of its suspension or pending suspension of operations. In no event shall this Lease be assigned or assignable by reason of any voluntary or involuntary bankruptcy, insolvency or reorganization proceedings, nor shall any rights or privileges hereunder be an asset of Tenant, the trustee, debtor-in-possession, or the debtor’s estate in any bankruptcy, insolvency or reorganization proceedings.

Insolvency or Bankruptcy. The occurrence of any of the following shall shall, at Landlord’s option, constitute an Event a breach of Default under Paragraph 25 below: a. this Lease by Tenant: (i) the appointment of a receiver to take possession of all or substantially all of the assets of Tenant ceases doing business as a going concernor the Premises, makes (ii) an assignment by Tenant for the benefit of creditors, is adjudicated an insolvent(iii) any action taken or suffered by Tenant under any insolvency, files bankruptcy, reorganization, moratorium or other debtor relief act or statute, whether now existing or hereafter amended or enacted, (iv) the filing of any voluntary petition in bankruptcy by Tenant, or the filing of any involuntary petition by Tenant’s creditors, which involuntary petition remains undischarged for a period of ninety (90) days, (v) the attachment, execution or other judicial seizure of all or substantially all of Tenant’s assets or the Premises, if such attachment or other seizure remains undismissed or undischarged for a period of sixty (60) days after the levy thereof, (vi) the admission of Tenant in writing of its inability to pay its debts as they become due, (vii) the filing by Tenant of any answer admitting or failing timely to contest a material allegation of a petition (or files an answer admitting the material allegations of such petition) filed against Tenant in any proceeding seeking for Tenant any reorganization, arrangement, composition, readjustment, liquidation, liquidation or dissolution of Tenant or similar arrangement under any state or federal bankruptcy or other lawrelief, or Tenant consents to or acquiesces in the appointment, pursuant to any state or federal bankruptcy or other law, of a trustee, receiver or liquidator for the Premises, for Tenant or for all or any substantial part of Tenant’s assets; or b. Tenant fails (viii) if within sixty (60) days after the commencement of any proceedings proceeding against Tenant seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any state present or federal bankruptcy future statute, law or other Legal Requirementregulation, to such proceeding shall not have such proceedings been dismissed, or Tenant fails, within sixty (60ix) days after an appointment pursuant the occurrence of any of the foregoing with respect to any state or federal bankruptcy or other Legal Requirement without Tenant’s consent or acquiescence, of any trustee, receiver or liquidator for the Premises, for Tenant or for all or any substantial part guarantor of Tenant’s assetsObligations under this Lease. Upon the occurrence of any such event or at any time thereafter, Landlord may elect to have such appointment vacated; or c. Tenant is unable, or admits in writing its inability, to pay its debts as they mature; or d. Tenant gives notice to exercise any governmental body of its insolvency remedies under Section 18 above or pending insolvency, any other remedy available at law or of its suspension or pending suspension of operationsin equity. In no event shall this Lease be assigned or assignable by reason operation of any law or by voluntary or involuntary bankruptcybankruptcy proceedings or otherwise, insolvency and in no event shall this Lease or reorganization proceedings, nor shall any rights or privileges hereunder under this Lease be an asset of Tenant, the trustee, debtor-in-possession, or the debtor’s estate in Tenant under any bankruptcy, insolvency or reorganization proceedings. If, upon the occurrence of any of the events enumerated above, under applicable law Tenant or the trustee in bankruptcy has the right to affirm this Lease and continue to perform the obligations of Tenant under this Lease, Tenant or such trustee, in such time period as may be permitted by the bankruptcy court having jurisdiction, shall cure all defaults of Tenant outstanding under this Lease as of the date of the affirmance of this Lease and provide to Landlord such adequate assurances as may be necessary to ensure Landlord of the continued performance of Tenant’s obligations under this Lease. Notwithstanding the provisions of Section 18.1, there shall be no cure periods for any breach or default under this Section 19 except as expressly provided in this Section 19.

Insolvency or Bankruptcy. The occurrence of any of the following shall constitute an Event of Default under Paragraph 25 below: a. Tenant ceases doing business as a going concern, makes an assignment for the benefit of creditors, is adjudicated an insolvent, files a petition (or files an answer admitting the material allegations of such petition) seeking for Tenant any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar arrangement under any state or federal bankruptcy or other law, or Tenant consents to or acquiesces in the appointment, pursuant to any state or federal bankruptcy or other law, of a trustee, receiver or liquidator for the Premises, for Tenant or for all or any substantial part of Tenant’s 's assets; or b. Tenant fails within sixty (60) days after the commencement of any proceedings against Tenant seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any state or federal bankruptcy or other Legal Requirement, to have such proceedings dismissed, or Tenant fails, within sixty (60) days after an appointment pursuant to any state or federal bankruptcy or other Legal Requirement without Tenant’s 's consent or acquiescence, of any trustee, receiver or liquidator for the Premises, for Tenant or for all or any substantial part of Tenant’s 's assets, to have such appointment vacated; or c. Tenant is unable, or admits in writing its inability, to pay its debts as they mature; or d. Tenant gives notice to any governmental body of its insolvency or pending insolvency, or of its suspension or pending suspension of operations. In no event shall this Lease be assigned or assignable by reason of any voluntary or involuntary bankruptcy, insolvency or reorganization proceedings, nor shall any rights or privileges hereunder be an asset of Tenant, the trustee, debtor-in-possession, or the debtor’s 's estate in any bankruptcy, insolvency or reorganization proceedings.

Insolvency or Bankruptcy. The occurrence of any of If Grantor becomes insolvent as defined in the following shall constitute an Event of Default under Paragraph 25 below: a. Tenant ceases doing business as a going concern, Colorado Uniform Commercial Code or makes an assignment for the benefit of creditors, ; or if any action is adjudicated an insolvent, files a petition (or files an answer admitting the material allegations of such petition) brought by Grantor seeking for Tenant any reorganization, arrangement, composition, readjustment, liquidation, its dissolution or similar arrangement under any state liquidation of its assets or federal bankruptcy or other law, or Tenant consents to or acquiesces in seeking the appointment, pursuant to any state or federal bankruptcy or other law, appointment of a trustee, receiver or liquidator for the Premises, for Tenant or for all or any substantial part of Tenant’s assets; or b. Tenant fails within sixty (60) days after the commencement of any proceedings against Tenant seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any state or federal bankruptcy or other Legal Requirement, to have such proceedings dismissed, or Tenant fails, within sixty (60) days after an appointment pursuant to any state or federal bankruptcy or other Legal Requirement without Tenant’s consent or acquiescence, of any interim trustee, receiver or liquidator other custodian for any of its property; or if Grantor commences a voluntary proceeding under the Federal Bankruptcy Code; or if any reorganization or arrangement proceeding is instituted by Grantor for the Premisessettlement, for Tenant readjustment, composition or for all extension of any of its debts upon any terms; or if any substantial part of Tenant’s assets, to have such appointment vacated; or c. Tenant action or petition is unable, otherwise brought by Grantor seeking similar relief or admits in writing its inability, alleging that it is insolvent or unable to pay its debts as they mature; or d. Tenant gives notice to or if any governmental body action is brought against Grantor seeking its dissolution or liquidation of any of its insolvency or pending insolvencyassets, or seeking the appointment of a trustee, interim trustee, receiver or other custodian for any of its suspension property, and any such action is consented to or pending suspension of operations. In no event shall this Lease be assigned acquiesced in by Grantor or assignable is not dismissed within thirty (30) days after the date upon which it was instituted; or if any proceeding under the Federal Bankruptcy Code is instituted against Grantor and (i) an order for relief is entered in such proceeding or (ii) such proceeding is consented to or acquiesced in by reason Grantor or is not dismissed within thirty (30) days after the date upon which it was instituted; or if any reorganization or arrangement proceeding is instituted against Grantor for the settlement, readjustment, composition or extension of any voluntary of its debts upon any terms, and such proceeding is consented to or involuntary bankruptcyacquiesced in by Grantor or is not dismissed within thirty (30) days after the date upon which it was instituted; or if any action or petition is otherwise brought against Grantor seeking similar relief or alleging that it is insolvent, insolvency unable to pay its debts as they mature or reorganization proceedingsgenerally not paying its debts as they become due, nor shall any rights and such action or privileges hereunder be an asset of Tenant, petition is consented to or acquiesced in by Grantor or is not dismissed within thirty (30) days after the trustee, debtor-in-possession, or the debtor’s estate in any bankruptcy, insolvency or reorganization proceedingsdate upon which it was brought.

Insolvency or Bankruptcy. The occurrence of any of the following shall shall, at Landlord's option, constitute an Event a breach of Default under Paragraph 25 below: a. this Lease by Tenant: (1) the appointment of a receiver to take possession of all or substantially all of the assets of Tenant ceases doing business as a going concernor the Premises, makes (2) an assignment by Tenant for the benefit of creditors, is adjudicated an insolvent(3) any action taken or suffered by Tenant under any insolvency, files bankruptcy, reorganization, moratorium or other debtor relief act or statute, whether now existing or hereafter amended or enacted, (4) the filing of any voluntary petition in bankruptcy by Tenant, or the filing of any involuntary petition by Tenant's creditors, which involuntary petition remains undischarged for a period of thirty (30) days, (5) the attachment, execution or other judicial seizure of all or substantially all of Tenant's assets or the Premises, if such attachment or other seizure remains undismissed or undischarged for a period of ten (10) days after the levy thereof, (6) the admission of Tenant in writing of its inability to pay its debts as they become due, (7) the filing by Tenant of any answer admitting or failing timely to contest a material allegation of a petition (or files an answer admitting the material allegations of such petition) filed against Tenant in any proceeding seeking for Tenant any reorganization, arrangement, composition, readjustment, liquidation, liquidation or dissolution of Tenant or similar arrangement under any state or federal bankruptcy or other lawrelief, or Tenant consents to or acquiesces in the appointment, pursuant to any state or federal bankruptcy or other law, of a trustee, receiver or liquidator for the Premises, for Tenant or for all or any substantial part of Tenant’s assets; or b. Tenant fails (8) if within sixty thirty (6030) days after the commencement of any proceedings proceeding against Tenant seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any state present or federal bankruptcy future statute, law or other Legal Requirementregulation, to such proceeding shall not have such proceedings been dismissed, or Tenant fails, within sixty (609) days after an appointment pursuant to any state or federal bankruptcy or other Legal Requirement without Tenant’s consent or acquiescence, the occurrence of any trusteeof the foregoing on the part of any Guarantor. Upon the occurrence of any such event or at any time thereafter, receiver or liquidator for the Premises, for Tenant or for all Landlord may elect to exercise any of its remedies under Section 17 above or any substantial part of Tenant’s assets, to have such appointment vacated; or c. Tenant is unable, other remedy available at law or admits in writing its inability, to pay its debts as they mature; or d. Tenant gives notice to any governmental body of its insolvency or pending insolvency, or of its suspension or pending suspension of operationsequity. In no event shall this Lease be assigned or assignable by reason operation of any law or by voluntary or involuntary bankruptcybankruptcy proceedings or otherwise, insolvency and in no event shall this Lease or reorganization proceedings, nor shall any rights or privileges hereunder under this Lease be an asset of Tenant, the trustee, debtor-in-possession, or the debtor’s estate in Tenant under any bankruptcy, insolvency or reorganization proceedings. If, upon the occurrence of any of the events enumerated above, under applicable law Tenant or the trustee in bankruptcy has the right to affirm this Lease and continue to perform the obligations of Tenant under this Lease, Tenant or such trustee, in such time period as may be permitted by the bankruptcy court having jurisdiction, shall cure all defaults of Tenant outstanding under this Lease as of the date of the affirmance of this Lease and provide to Landlord such adequate assurances as may be necessary to ensure Landlord of the continued performance of Tenant's obligations under this Lease. Notwithstanding the provisions of Section 17.1, there shall be no cure periods for any breach or default under this Section 18 except as expressly provided in this Section 18.

Insolvency or Bankruptcy. 21.1 The occurrence of any of the following shall shall, at Landlord's option, constitute an Event a breach of Default under Paragraph 25 below: a. this Lease by Tenant: (i) the appointment of a receiver to take possession of all or substantially all of the assets of Tenant ceases doing business as a going concernor the Premises, makes (ii) an assignment by Tenant for the benefit of creditors, is adjudicated an insolvent(iii) any action taken or suffered by Tenant under any insolvency, files bankruptcy, reorganization, moratorium or other debtor relief act or statute, whether now existing or hereafter amended or enacted, (iv) the filing of any voluntary petition in bankruptcy by Tenant, or the filing of any involuntary petition by Tenant's creditors, which involuntary petition remains undischarged for a period of thirty (30) days, (v) the attachment, execution or other judicial seizure of all or substantially all of Tenant's assets or the Premises, if such attachment or other seizure remains undismissed or undischarged for a period of ten (10) business days after the levy thereof, (vi) the admission by Tenant in writing of its inability to pay its debts as they become due, (vii) the filing by Tenant of any answer admitting or failing timely to contest a material allegation of a petition (or files an answer admitting the material allegations of such petition) filed against Tenant in any proceeding seeking for Tenant any reorganization, arrangement, composition, readjustment, liquidation, liquidation or dissolution of Tenant or similar arrangement under any state or federal bankruptcy or other lawrelief, or Tenant consents to or acquiesces in the appointment, pursuant to any state or federal bankruptcy or other law, of a trustee, receiver or liquidator for the Premises, for Tenant or for all or any substantial part of Tenant’s assets; or b. Tenant fails (viii) if within sixty thirty (6030) days after the commencement of any proceedings proceeding against Tenant seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any state present or federal bankruptcy future statue, law or other Legal Requirementregulation, to such proceeding shall not have been dismissed. Upon the occurrence of any such proceedings dismissedevent or at any time thereafter, or Tenant fails, within sixty this Lease shall terminate five (605) days after an appointment pursuant written notice of termination from Landlord to any state or federal bankruptcy or other Legal Requirement without Tenant’s consent or acquiescence, of any trustee, receiver or liquidator for the Premises, for Tenant or for all or any substantial part of Tenant’s assets, to have such appointment vacated; or c. Tenant is unable, or admits in writing its inability, to pay its debts as they mature; or d. Tenant gives notice to any governmental body of its insolvency or pending insolvency, or of its suspension or pending suspension of operations. In no event shall this Lease be assigned or assignable by reason operation of any law or by voluntary or involuntary bankruptcybankruptcy proceedings or otherwise, insolvency and in no event shall this Lease or reorganization proceedings, nor shall any rights right or privileges hereunder be an asset of Tenant, the trustee, debtor-in-possession, or the debtor’s estate in Tenant under any bankruptcy, insolvency or reorganization proceedings. If, upon the occurrence of any of the events enumerated above, under applicable law Tenant or the trustee in bankruptcy has the right to affirm this Lease and continue to perform the obligations of Tenant hereunder, Tenant or such trustee shall, in such time period as may be permitted by the bankruptcy court having jurisdiction, cure all defaults of Tenant outstanding hereunder as of the date of the affirmance of this Lease and provide to Landlord such adequate assurances as may be necessary to ensure Landlord of the continued performance of Tenant's obligations under this Lease. Notwithstanding the provisions of Section 20.1, there shall be no cure periods for any breach or default under this Article 21.

Insolvency or Bankruptcy. The occurrence of any of the following shall constitute an Event of Default under Paragraph 25 below: a. Tenant ceases doing business as a going concern, makes an assignment for the benefit of creditors, is adjudicated an insolvent, files a petition (or files an answer admitting the material allegations of such petition) seeking for Tenant any reorganization, arrangement, . composition, readjustment, liquidation, dissolution or similar arrangement under any state or federal bankruptcy or other law, or Tenant consents to or acquiesces in the appointment, pursuant to any state or federal bankruptcy or other law, of a trustee, receiver or liquidator for the Premises, for Tenant or for all or any substantial part of Tenant’s 's assets; or b. Tenant fails within sixty (60) days after the commencement of any proceedings against Tenant seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any state or federal bankruptcy or other Legal Requirement, to have such proceedings dismissed, or Tenant fails, within sixty (60) days after an appointment pursuant to any state or federal bankruptcy or other Legal Requirement without Tenant’s 's consent or acquiescence, of any trustee, receiver or liquidator for the Premises, for Tenant or for all or any substantial part of Tenant’s 's assets, to have such appointment vacated; or c. Tenant is unable, or admits in writing its inability, to pay its debts as they mature; or d. Tenant gives notice to any governmental body of its insolvency or pending insolvency, or of its suspension or pending suspension of operations. In no event shall this Lease be assigned or assignable by reason of any voluntary or involuntary bankruptcy, insolvency or reorganization proceedings, nor shall any rights or privileges hereunder be an asset of Tenant, the trustee, debtor-in-possession, or the debtor’s 's estate in any bankruptcy, insolvency or reorganization proceedings.

Insolvency or Bankruptcy. The occurrence of any of the following shall constitute Constitute an Event of Default under Paragraph 25 below: a. 1. Tenant ceases doing business as a going concern, makes an assignment for the benefit of creditors, is adjudicated an insolvent, files a petition (or files an answer admitting the material allegations of such petition) seeking for Tenant any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar arrangement under any state or federal bankruptcy or other law, or Tenant consents to or acquiesces in the appointment, pursuant to any state or federal bankruptcy or other law, of a trustee, receiver or liquidator for the Premises, for Tenant or for all or any substantial part of Tenant’s 's assets; or b. 2. Tenant fails within sixty (60) days after the commencement of any proceedings against Tenant seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any state or federal bankruptcy or other Legal Requirement, to have such proceedings dismissed, or Tenant fails, within sixty (60) days after an appointment pursuant to any state or federal bankruptcy or other Legal Requirement without Tenant’s 's consent or acquiescence, of any trustee, receiver or liquidator for the Premises, for Tenant or for all or any substantial part of Tenant’s 's assets, to have such appointment vacated; or c. 3. Tenant is unable, or admits in writing its inability, to pay its debts as they mature; or d. 4. Tenant gives notice to any governmental body of its insolvency or pending insolvency, or of its suspension or pending suspension of operations. In no event shall this Lease be assigned or assignable by reason of any voluntary or involuntary bankruptcy, insolvency or reorganization proceedings, nor shall any rights or privileges hereunder be an asset of Tenant, the trustee, debtor-in-possession, or the debtor’s 's estate in any bankruptcy, insolvency or reorganization proceedings.

Insolvency or Bankruptcy. The occurrence of any of the following shall constitute an Event of Default under Paragraph Section 25 belowhereof: a. Tenant ceases doing business as a going concern, makes an assignment for the benefit of creditors, is adjudicated an as insolvent, files a petition (or files an answer admitting the material allegations of such petition) seeking for Tenant any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar arrangement relief under any state or federal bankruptcy or other law, or Tenant consents to or acquiesces in the appointment, pursuant to any state or federal bankruptcy or other law, of a trustee, receiver or liquidator for the Premises, for Tenant or for all or any substantial part of Tenant’s 's assets; or; b. Tenant fails within sixty (60) days after the commencement of any proceedings against Tenant seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any state or federal bankruptcy or other Legal Requirementlaw, to have such proceedings dismissed, or Tenant fails, within sixty (60) days after an appointment pursuant to any state or federal bankruptcy or other Legal Requirement law without Tenant’s 's consent or acquiescence, of any trustee, receiver or liquidator for the Premises, for Tenant or for all or any substantial part of Tenant’s 's assets, to have such appointment vacated; or; c. Tenant is unable, or admits in writing its inability, to pay its debts as they mature; or d. Tenant gives notice to any governmental body of its insolvency or pending insolvency, or of its suspension or pending suspension of operations. In no event shall this Lease be assigned or assignable by reason of any voluntary or involuntary bankruptcy, insolvency or reorganization bankruptcy proceedings, nor shall any rights or privileges hereunder be an asset of Tenant, the trustee, debtor-in-possession, or the debtor’s 's estate in any bankruptcy, insolvency or reorganization proceedings.

Insolvency or Bankruptcy. The occurrence of any of the following shall ------------------------ constitute an Event of Default under Paragraph 25 belowhereof: a. Tenant ceases doing business as a going concern, makes an assignment for the benefit of creditors, is adjudicated an insolvent, files a petition (or files an answer admitting the material allegations of such petition) seeking for Tenant any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar arrangement relief under any state or federal bankruptcy or other law, or Tenant consents to or acquiesces in the appointment, pursuant to any state or federal bankruptcy or other law, of a trustee, receiver or liquidator for the Premises, for Tenant or for all or any substantial part of Tenant’s 's assets; or; b. Tenant fails within sixty (60) days after the commencement of any proceedings against Tenant seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any state or federal bankruptcy or other Legal Requirementlaw, to have such proceedings dismissed, or Tenant fails, within sixty (60) days after an appointment pursuant to any state or federal bankruptcy or other Legal Requirement law without Tenant’s 's consent or acquiescence, of any trustee, receiver or liquidator for the Premises, for Tenant or for all or any substantial part of Tenant’s 's assets, to have such appointment vacated; or; c. Tenant is unable, or admits in writing its inability, to pay its debts as they mature; or d. Tenant gives notice to any governmental body of its insolvency or pending insolvency, or of its suspension or pending suspension of operations. In no event shall this Lease be assigned or assignable by reason of any voluntary or involuntary bankruptcy, insolvency or reorganization bankruptcy proceedings, nor shall any rights or privileges hereunder be an asset of Tenant, the trustee, debtor-in-possession, or the debtor’s 's estate in any bankruptcy, insolvency or reorganization proceedings. Tenant, the trustee, debtor-in-possession, or the debtor's estate in any bankruptcy, insolvency or reorganization proceedings.

Insolvency or Bankruptcy. 21.1 The occurrence of any of the following shall shall, at Landlord's option, constitute an Event a breach of Default under Paragraph 25 below: a. this Lease by Tenant: (i) the appointment of a receiver to take possession of all or substantially all of the assets of Tenant ceases doing business as a going concernor the Premises, makes (ii) an assignment by Tenant for the benefit of creditors, is adjudicated an insolvent(iii) any action taken or suffered by Tenant under any insolvency, files bankruptcy, reorganization, moratorium or other debtor relief act or statute, whether now existing or hereafter amended or enacted, (iv) the filing of any voluntary petition in bankruptcy by Tenant, or the filing of any involuntary petition by Tenant's creditors, which involuntary petition remains undischarged for a period of thirty (30) days, (v) the attachment, execution or other judicial seizure of all or substantially all of Tenant's assets or the Premises, if such attachment or other seizure remains undismissed or undischarged for a period of ten (10) business days after the levy thereof, (vi) the admission by Tenant in writing of its inability to pay its debts as they become due, (vii) the filing by Tenant of any answer admitting or failing timely to contest a material allegation of a petition (or files an answer admitting the material allegations of such petition) filed against Tenant in any proceeding seeking for Tenant any reorganization, arrangement, composition, readjustment, liquidation, liquidation or dissolution of Tenant or similar arrangement under any state or federal bankruptcy or other lawrelief, or Tenant consents to or acquiesces in the appointment, pursuant to any state or federal bankruptcy or other law, of a trustee, receiver or liquidator for the Premises, for Tenant or for all or any substantial part of Tenant’s assets; or b. Tenant fails (viii) if within sixty thirty (6030) days after the commencement of any proceedings proceeding against Tenant seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any state present or federal bankruptcy future statue, law or other Legal Requirementregulation, to such proceeding shall not have been dismissed. Upon the occurrence of any such proceedings dismissedevent or at any time thereafter, or Tenant fails, within sixty this Lease shall terminate five (605) days after an appointment pursuant written notice of termination from Landlord to any state or federal bankruptcy or other Legal Requirement without Tenant’s consent or acquiescence, of any trustee, receiver or liquidator for the Premises, for Tenant or for all or any substantial part of Tenant’s assets, to have such appointment vacated; or c. Tenant is unable, or admits in writing its inability, to pay its debts as they mature; or d. Tenant gives notice to any governmental body of its insolvency or pending insolvency, or of its suspension or pending suspension of operations. In no event shall this Lease be assigned or assignable by reason operation of any law or by voluntary or involuntary bankruptcybankruptcy proceedings or otherwise, insolvency and in no event shall this Lease or reorganization proceedings, nor shall any rights right or privileges hereunder be an asset of Tenant, the trustee, debtor-in-possession, or the debtor’s estate in Tenant under any bankruptcy, insolvency or reorganization proceedings. If, upon the occurrence of any of the events enumerated above, under applicable law Tenant or the trustee in bankruptcy has the right to affirm this Lease and continue to perform the obligations of -32- Tenant hereunder, Tenant or such trustee shall, in such time period as may be permitted by the bankruptcy court having jurisdiction, cure all defaults of Tenant outstanding hereunder as of the date of the affirmance of this Lease and provide to Landlord such adequate assurances as may be necessary to ensure Landlord of the continued performance of Tenant's obligations under this Lease. Notwithstanding the provisions of Section 20.1, there shall be no cure periods for any breach of default under this Article 21.

Insolvency or Bankruptcy. The occurrence of any of the following shall shall, at Landlord’s option, constitute an Event a breach of Default under Paragraph 25 below: a. this Lease by Tenant: (i) the appointment of a receiver to take possession of all or substantially all of the assets of Tenant ceases doing business as a going concern, makes or the Landlord’s Property; (ii) an assignment by Tenant for the benefit of creditors; (iii) any action taken or suffered by Tenant under any insolvency, is adjudicated an insolventbankruptcy, files reorganization, moratorium or other debtor relief act or statute, whether now existing or hereafter amended or enacted; (iv) the filing of any voluntary petition in bankruptcy by Tenant, or the filing of any involuntary petition by Tenant’s creditors, which involuntary petition remains undischarged for a period of ninety (90) days; (v) the attachment, execution or other judicial seizure of all or substantially all of Tenant’s assets or the Landlord’s Property, if such attachment or other seizure remains undismissed or undischarged for a period of thirty (30) days after the levy thereof; (vi) the admission of Tenant in writing of its inability to pay its debts as they become due; (vii) the filing by Tenant of any answer admitting or failing timely to contest a material allegation of a petition (or files an answer admitting the material allegations of such petition) filed against Tenant in any proceeding seeking for Tenant any reorganization, arrangement, composition, readjustment, liquidation, liquidation or dissolution of Tenant or similar arrangement under any state or federal bankruptcy or other law, or Tenant consents to or acquiesces in the appointment, pursuant to any state or federal bankruptcy or other law, of a trustee, receiver or liquidator for the Premises, for Tenant or for all or any substantial part of Tenant’s assetsrelief; or b. Tenant fails (viii) if within sixty (60) days after the commencement of any proceedings proceeding against Tenant seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any state present or federal bankruptcy future statute, law or other Legal Requirementregulation, to such proceeding shall not have such proceedings been dismissed, ; or Tenant fails, within sixty (60ix) days after an appointment pursuant to any state or federal bankruptcy or other Legal Requirement without Tenant’s consent or acquiescence, the occurrence of any trusteeof the foregoing on the part of any Guarantor. Upon the occurrence of any such event or at any time thereafter, receiver or liquidator for the Premises, for Tenant or for all Landlord may elect to exercise any of its remedies under Section 17 above or any substantial part of Tenant’s assets, to have such appointment vacated; or c. Tenant is unable, other remedy available at law or admits in writing its inability, to pay its debts as they mature; or d. Tenant gives notice to any governmental body of its insolvency or pending insolvency, or of its suspension or pending suspension of operationsequity. In no event shall this Lease be assigned or assignable by reason operation of any law or by voluntary or involuntary bankruptcybankruptcy proceedings or otherwise, insolvency and in no event shall this Lease or reorganization proceedings, nor shall any rights or privileges hereunder under this Lease be an asset of Tenant, the trustee, debtor-in-possession, or the debtor’s estate in Tenant under any bankruptcy, insolvency or reorganization proceedings. If, upon the occurrence of any of the events enumerated above, under applicable law Tenant or the trustee in bankruptcy has the right to affirm this Lease and continue to perform the obligations of Tenant under this Lease, Tenant or such trustee, in such time period as may be permitted by the bankruptcy court having jurisdiction, shall cure all defaults of Tenant outstanding under this Lease as of the date of the affirmance of this Lease and provide to Landlord such adequate assurances as may be necessary to ensure Landlord of the continued performance of Tenant’s obligations under this Lease. Notwithstanding the provisions of Section 17.1, there shall be no cure periods for any breach or default under this Section 18, except as expressly provided in this Section 18.

Insolvency or Bankruptcy. The occurrence of any of the following shall constitute an Event of Default under Paragraph 25 below: a. Tenant ceases doing business as a going concern, makes an assignment for the benefit of creditors, is adjudicated an insolvent, files a petition (or files an answer admitting the material allegations of such petition) seeking for Tenant any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar arrangement under any state or federal bankruptcy or other law, or Tenant consents to or acquiesces in the appointment, pursuant to any state or federal bankruptcy or other law, of a trustee, receiver or liquidator for the Premises, for Tenant or for all or any substantial part of Tenant’s assets; or b. Tenant fails within sixty (60) days after the commencement of any proceedings against Tenant seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any state or federal bankruptcy or other Legal Requirement, to have such proceedings dismissed, or Tenant fails, within sixty (60) days after an appointment pursuant to any state or federal bankruptcy or other Legal Requirement without Tenant’s consent or acquiescence, of any trustee, receiver or liquidator for the Premises, for Tenant or for all or any substantial part of Tenant’s assets, to have such appointment vacated; or c. Tenant is unable, or admits in writing its inability, to pay its debts as they mature; or d. Tenant gives notice to any governmental body of its insolvency or pending insolvency, or of its suspension or pending suspension of operations. 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (37) In no event shall this Lease be assigned or assignable by reason of any voluntary or involuntary bankruptcy, insolvency or reorganization proceedings, nor shall any rights or privileges hereunder be an asset of Tenant, the trustee, debtor-in-possession, or the debtor’s estate in any bankruptcy, insolvency or reorganization proceedings.

Insolvency or Bankruptcy. The occurrence of any of the following shall constitute an Event of Default under Paragraph 25 belowhereof: a. Tenant ceases doing business as a going concern, makes an assignment for the benefit of creditors, is adjudicated an insolvent, files a petition (or files an answer admitting the material allegations of such petition) seeking for Tenant any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar arrangement under any state or federal bankruptcy or other law, or Tenant consents to or acquiesces in the appointment, pursuant to any state or federal bankruptcy or other law, of a trustee, receiver or liquidator for the Premises, for Tenant or for all or any substantial part of Tenant’s 's assets; or; b. Tenant fails within sixty (60) days after the commencement of any proceedings against Tenant seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any state or federal bankruptcy or other Legal Requirementlaw, to have such proceedings dismissed, or Tenant fails, within sixty (60) days after an appointment pursuant to any state or federal bankruptcy or other Legal Requirement law without Tenant’s 's consent or acquiescence, of any trustee, receiver or liquidator for the Premises, for Tenant or for all or any substantial part of Tenant’s 's assets, to have such appointment vacated; or; c. Tenant is unable, or admits in writing its inability, to pay its debts as they mature; or; d. Tenant gives notice to any governmental body of its insolvency or pending insolvency, or of its suspension or pending suspension of operations. In no event shall this Lease be assigned or assignable by reason of any voluntary or involuntary bankruptcy, insolvency or reorganization bankruptcy proceedings, nor shall any rights or privileges hereunder be an asset of Tenant, the trustee, debtor-in-possession, or the debtor’s 's estate in any bankruptcy, insolvency or reorganization proceedings.

Insolvency or Bankruptcy. The occurrence of any of the following shall constitute an Event of Default under Paragraph 25 below: a. Tenant ceases doing business as a going concern, makes an assignment for the benefit of creditors, is adjudicated an insolvent, files a petition (or files an answer admitting the material allegations of such petition) seeking for Tenant any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar arrangement under any state or federal bankruptcy or other law, or Tenant consents to or acquiesces in the appointment, pursuant to any state or federal bankruptcy or other law, of a trustee, receiver or liquidator for the Premises, for Tenant or for all or any substantial part of Tenant’s assets; or b. Tenant fails within sixty (60) days after the commencement of any proceedings against Tenant seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any state or federal bankruptcy or other Legal Requirement, to have such proceedings dismissed, or Tenant fails, within sixty (60) days after an appointment pursuant to any state or federal bankruptcy or other Legal Requirement without Tenant’s consent or acquiescence, of any trustee, receiver or liquidator for the Premises, for Tenant or for all or any substantial part of Tenant’s assets, to have such appointment vacated; or c. Tenant is in unable, or admits in writing its inability, to pay its debts as they mature; or d. Tenant gives notice to any governmental body of its insolvency or pending insolvency, or of its suspension or pending suspension of operations. In no event shall this Lease be assigned or assignable by reason of any voluntary or involuntary bankruptcy, insolvency or reorganization proceedings, nor shall any rights or privileges hereunder be an asset of Tenant, the trustee, debtor-in-possession, or the debtor’s estate in any bankruptcy, insolvency or reorganization proceedings.