Common use of Involuntary Assignment Clause in Contracts

Involuntary Assignment. No interest of Tenant in this Lease shall be ---------------------- assignable by operation of law. Without limiting the foregoing, each of the following acts shall be considered an involuntary assignment: (i) Transfer of this Lease by testacy or intestacy; (ii) If Tenant is or becomes bankrupt or insolvent, makes an assignment for the benefit of creditors, or institutes a proceeding under the Bankruptcy Act in which Tenant is the bankrupt; or, if Tenant is a partnership or consists of more than one person or entity, if any general partner of the partnership or other person or entity is or becomes bankrupt or insolvent, or makes an assignment for the benefit of creditors; (iii) The appointment of a trustee or receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interests in this Lease, where possession is not restored to Tenant within thirty (30) days; or (iv) The attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where seizure is not discharged within thirty (30) days. An involuntary assignment shall constitute a default by Tenant under this Lease, and in such event Landlord shall have the right to elect to terminate this Lease, in which case this Lease shall not be treated as an asset of Tenant.

Appears in 2 contracts

Samples: Office Lease (Actuate Software Corp), Office Lease (Actuate Software Corp)

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Involuntary Assignment. No interest of Tenant in this Lease shall be ---------------------- assignable by operation of lawlaw (including, without limitation, the transfer of this Lease by testacy or intestacy). Without limiting the foregoing, each Each of the following acts shall be considered an involuntary assignment: (i) Transfer of this Lease by testacy or intestacy; (iia) If Tenant is files or becomes bankrupt or insolvent, makes an assignment for the benefit of creditors, or institutes has filed against it a proceeding petition under the Bankruptcy Act in which Tenant is the bankrupt; orCode, if Tenant is a partnership or consists of more than one person or entityas may be amended, if any general partner of the partnership or other person or entity is or becomes bankrupt or become insolvent, or makes an assignment for the benefit of creditors; or, if Tenant is a partnership, if any partner of the partnership files or has filed against such partner a petition under the Bankruptcy Code, as may be amended, or such partner becomes insolvent, or make an assignment for the benefit of creditors; (iiib) The appointment If a writ of attachment or execution is levied on this Lease; and/or (c) If, in any proceeding or action to which Tenant is a trustee or party, a receiver is appointed with authority to take possession of substantially all the Premises. The provisions of Tenant's assets located at the Premises or item (a) of Tenant's interests in this Section shall be applicable to any guarantor of this Lease, where possession is not restored to Tenant within thirty (30) days; or (iv) The attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where seizure is not discharged within thirty (30) days. An If an involuntary assignment shall constitute a default by Tenant under this Lease, and in such event occurs. Landlord shall have the right to elect election to terminate this Lease, in which case Lease and this Lease shall not be treated as an asset of Tenant, and Tenant shall have no further rights under this Lease. If an attachment or execution is levied against Tenant, Tenant shall have ten (10) days in which to cause the attachment or execution to be removed.

Appears in 2 contracts

Samples: Sublease Agreement (Mobile Iron, Inc.), Sublease Agreement (Mobile Iron, Inc.)

Involuntary Assignment. No interest of Tenant in this Lease shall be ---------------------- assignable by operation of lawlaw (including without limitation, the transfer of this Lease by testacy or intestacy). Without limiting the foregoing, each Each of the following acts shall be considered an involuntary assignment: (i) Transfer of this Lease by testacy or intestacy; (ii) If Tenant is or becomes bankrupt or insolvent, makes an assignment for the benefit of creditors, or institutes a proceeding under the Bankruptcy Act Act, in which Tenant is the bankrupt; , or, if Tenant is a partnership or consists of more than that one person or entity, if of any general partner of the partnership or other person or entity is or becomes bankrupt or insolvent, or makes an assignment for the benefit of creditors; (ii) If, a writ of attachment or execution is levied on this Lease. (iii) The appointment of If, in any proceeding or action to which Tenant is a trustee or party, a receiver is appointed with authority to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interests in this Lease, where possession is not restored to Tenant within thirty (30) days; or (iv) The attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where seizure is not discharged within thirty (30) dayspremises. An involuntary assignment shall constitute a default by Tenant under this Lease, and in such event Landlord shall have the right to elect to terminate this Lease, in which case this Lease shall not be treated as an asset of Tenant. If a writ of attachment or execution is levied on this Lease, Tenant shall have thirty (30) days in which to cause the attachment to be removed. If any involuntary proceeding of bankruptcy is brought against Tenant, or if a receiver is appointed, Tenant shall have sixty (60) days in which to have the involuntary proceeding dismissed or the receiver removed.

Appears in 1 contract

Samples: Lease Agreement (Big Dog Holdings Inc)

Involuntary Assignment. No An Involuntary Assignment that is not dismissed within sixty (60) days shall constitute a default by Tenant and Landlord shall have the right to elect to terminate this Agreement if same is not dismissed within sixty (60) days, in which case this Agreement shall not be treated as an asset of Tenant. All sums payable by Tenant under this Agreement shall be and remain the exclusive property of Landlord and shall not constitute property of Tenant or of the estate of Tenant within the meaning of the Bankruptcy Code, 11 U.S.C. 101 et seq., as amended from time-to-time. Such sums which are not paid or delivered to Landlord shall be held in trust for the benefit of Landlord, and shall be promptly paid or turned over to Landlord upon demand. Any person or entity to which this Agreement is assigned pursuant to the provisions of the Bankruptcy Code shall be deemed without further act or deed to have assumed all of the obligations of Tenant arising under this Agreement on and after the date of such assignment, and all of the terms and provisions of this Agreement shall be binding upon such assignee. Any such assignee shall upon demand execute and deliver such instruments and documents reasonably requested by Landlord confirming such assumption. Involuntary Assignment, as used herein, means any transfer of interest of Tenant in this the Lease shall be ---------------------- assignable by operation of law. Without limiting law (including, without limitation, the foregoingtransfer of this Lease by testacy or intestacy, or in any bankruptcy or insolvency proceeding) and each of the following acts shall be considered an involuntary assignmentInvoluntary Assignment: (i) Transfer of this Lease by testacy or intestacy; (iia) If Tenant is or becomes bankrupt or insolvent, makes an assignment for the benefit of creditors, or institutes a proceeding under the Bankruptcy Act any bankruptcy law in which Tenant is the bankrupt; or, if Tenant is a partnership or consists of more than one (1) person or entity, if any general partner of the partnership or other such person or entity is or becomes bankrupt or insolvent, or makes an assignment for the benefit of creditors; ; (iiib) The appointment if a writ of attachment or execution is levied on this Lease; (c) if, in any proceeding or action to which Tenant is a trustee or party, a receiver is appointed with authority to take possession of substantially all of Tenant's assets located at the Premises Premises; or of Tenant's interests in this Lease(d) there is any assumption, where possession is not restored to Tenant within thirty (30) days; or (iv) The attachmentassignment, execution sublease or other judicial seizure of substantially all of Tenant's assets located at transfer under or pursuant to the Premises or of Tenant's interest in this Lease, where seizure is not discharged within thirty (30) days. An involuntary assignment shall constitute a default by Tenant under this Lease, and in such event Landlord shall have the right to elect to terminate this Lease, in which case this Lease shall not be treated as an asset of TenantBankruptcy Code.

Appears in 1 contract

Samples: Specialty Lease Agreement (Eastside Distilling, Inc.)

Involuntary Assignment. No interest of Tenant in this Lease shall be ---------------------- assignable by operation of law. Without limiting law (including, without limitation, the foregoing, transfer of this Lease by testacy or intestacy) each of the following acts shall be considered an involuntary assignment: (i) Transfer of this Lease by testacy or intestacy; (iia) If Tenant is files or has filed against it a petition under the Bankruptcy Code (as defined below), as may be amended, becomes bankrupt or insolvent, or makes an assignment for the benefit of creditors, or institutes a proceeding under the Bankruptcy Act in which Tenant is the bankrupt; or, if Tenant is a partnership or consists of more than one person or entitypartnership, if any general partner of the partnership files or other person has filed against such partner a petition under the Bankruptcy Act, as may be amended, or entity is or such partner becomes bankrupt or insolvent, or makes an assignment for the benefit of creditors; (iiib) The appointment If a writ of attachment or execution is levied on this Lease; and/or (c) If, in any proceeding or action to which Tenant is a trustee or party, a receiver is appointed with authority to take possession of substantially the Leased Premises. (d) Notwithstanding the foregoing, in the event this Lease is assigned to any person or entity pursuant to the provisos of the Bankruptcy Code 11 U.S.C. 101 et seq. (the "Bankruptcy Code"), any and all monies or other considerations payable or otherwise to be delivered in connection with such assignment shall be paid or delivered to Landlord, shall be and remain the exclusive property of Landlord and shall not constitute property of Tenant or of the estate of Tenant within the meaning of the Bankruptcy Code. Any and all monies or other considerations constituting Landlord's property under the preceding sentence not paid or delivered to Landlord shall be held in trust for the benefit of Landlord and be promptly paid or delivered to Landlord. (e) Any person or entity to which this Lease is assigned pursuant to the Bankruptcy Code, shall be deemed without further act or deed to have assumed all of Tenant's assets located at the Premises or obligations arising under this Lease on and after the date of Tenant's interests in this Lease, where possession is not restored such assignment. Any such assignee shall upon demand execute and deliver to Tenant within thirty (30) days; or (iv) The attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where seizure is not discharged within thirty (30) daysLandlord an instrument confirming such assumption. An If an involuntary assignment shall constitute a default by Tenant under this Leaseoccurs and the cure periods (if any) set out in Section 25 have passed, and in such event Landlord shall have the right to election of any of the remedies provided in Section 25. If Landlord should elect to terminate this Lease, in which case this Lease shall not be treated as an asset of Tenant, and Tenant shall have no further rights under this Lease.

Appears in 1 contract

Samples: Standard Industrial Lease Agreement (Innotrac Corp)

Involuntary Assignment. No interest of Tenant in this Lease shall be ---------------------- assignable by operation of lawlaw (including without limitation, the transfer of this Lease by testacy or intestacy, or in any bankruptcy or insolvency proceeding). Without limiting the foregoing, each Each of the following acts shall be considered an involuntary assignment: (i) Transfer of this Lease by testacy or intestacy; (ii) If Tenant is or becomes bankrupt or insolvent, makes an assignment for the benefit of creditors, or institutes a proceeding under the Bankruptcy Act any bankruptcy law in which Tenant is the bankrupt; or, if Tenant is a partnership or consists of more than one (1) person or entity, if any general partner of the partnership or other such person or entity is or becomes bankrupt or insolvent, or makes an assignment for the benefit of creditors; ; (ii) If a writ of attachment or execution is levied on this Lease; (iii) The appointment of If, in any proceeding or action to which Tenant is a trustee or party, a receiver is appointed with authority to take possession of substantially all of Tenant's assets located at the Premises Premises; or of Tenant's interests in this Lease, where possession is not restored to Tenant within thirty (30) days; or (iv) The attachmentthere is any assumption, execution assignment, sublease or other judicial seizure of substantially all of Tenant's assets located at transfer under or pursuant to the Premises or of Tenant's interest in this LeaseBankruptcy Code, where seizure is not discharged within thirty 11 U.S.C. 101 ET SEQ (30) dayshereinafter referred to as the "Bankruptcy Code"). An involuntary assignment shall constitute a default by Tenant under this Lease, and in such event Landlord shall have the right to elect to terminate this Lease, in which case this Lease shall not be treated as an asset of Tenant. If Landlord shall elect not to exercise its right hereunder to terminate this Lease in the event of an involuntary assignment, then, in addition to any other rights or remedies of Landlord under this Lease or provided by law, the provisions of Sections 28.3, 28.6, 28.7, 28.9, 28.10, and 28.14 shall apply to any such involuntary assignment. Such sums, if any, payable pursuant to the referenced Sections shall be and remain the exclusive property of Landlord and shall not constitute property of Tenant or of the estate of Tenant within the meaning of the Bankruptcy Code. Such sums which are not paid or delivered to Landlord shall be held in trust for the benefit of Landlord, and shall be promptly paid or turned over to Landlord upon demand. Any person or entity to which this Lease is assigned pursuant to the provisions of said Code shall be deemed without further act or deed to have assumed all of the obligations of Tenant arising under this Lease on and after the date of such assignment. Any such assignee shall upon demand execute and deliver such instruments and documents reasonably requested by Landlord confirming such assumption.

Appears in 1 contract

Samples: Office Lease (Trimark Holdings Inc)

Involuntary Assignment. No Other than as described in Section 12.1, no interest of Tenant in this Lease shall be ---------------------- assignable by operation of lawlaw (including, without limitation, the transfer of this Lease by testacy or intestacy, or in any bankruptcy or insolvency proceeding). Without limiting the foregoing, each Each of the following acts shall be considered an involuntary assignment: (i) Transfer of this Lease by testacy or intestacy; (ii) If Tenant is or becomes bankrupt or insolvent, makes an assignment for the benefit of creditors, or institutes a proceeding under the Bankruptcy Act any bankruptcy law in which Tenant is the bankrupt; or, if Tenant is a partnership or consists of more than one (1) person or entity, if any general partner of the partnership or other such person or entity is or becomes bankrupt or insolvent, or makes an assignment for the benefit of creditors; ; (ii) If a writ of attachment or execution is levied on this Lease; (iii) The appointment of If, in any proceeding or action to which Tenant is a trustee or party, a receiver is appointed with authority to take possession of substantially all of Tenant's assets located at the Premises Premises; or of Tenant's interests in this Lease, where possession is not restored to Tenant within thirty (30) days; or (iv) The attachmentthere is any assumption, execution assignment, sublease or other judicial seizure of substantially all of Tenant's assets located at transfer under or pursuant to the Premises or of Tenant's interest in this LeaseBankruptcy Code, where seizure is not discharged within thirty 11 U.S.C. 101 et seq. (30) dayshereinafter referred to as the "Bankruptcy Code"). An involuntary assignment shall constitute a default by Tenant under this Lease, and in such event Landlord shall have the right to elect to terminate this Lease, in which case this Lease shall not be treated as an asset of Tenant. If Landlord shall elect not to exercise its right hereunder to terminate this Lease in the event of an involuntary assignment, then, in addition to any other rights or remedies of Landlord under this Lease or provided by law, the provisions of Sections 12.3, 12.6, 12.7, 12.8, 12.9, and 12.13 shall apply to any such involuntary assignment. Such sums, if any, payable pursuant to the referenced Sections shall be and remain the exclusive property of Landlord and shall not constitute property of Tenant or of the estate of Tenant within the meaning of the Bankruptcy Code. Such sums which are not paid or delivered to Landlord shall be held in trust for the benefit of Landlord, and shall be promptly paid or turned over to Landlord upon demand. Any person or entity to which this Lease is assigned pursuant to the provisions of the Bankruptcy Code shall be deemed without further act or deed to have assumed all of the obligations of Tenant arising under this Lease on and after the date of such assignment. Any such assignee shall upon demand execute and deliver such instruments and documents reasonably requested by Landlord confirming such assumption.

Appears in 1 contract

Samples: Office Lease (Lightspan Partnership Inc)

Involuntary Assignment. No interest of Tenant in this Lease shall be ---------------------- assignable by operation of lawlaw (including without limitation, the transfer of this Lease by testacy or intestacy, or in any bankruptcy or insolvency proceeding). Without limiting the foregoing, each Each of the following acts shall be considered an involuntary assignment: (i) Transfer of this Lease by testacy or intestacy; (ii) If Tenant is or becomes bankrupt or insolvent, makes an assignment for the benefit of creditors, or institutes a proceeding under the Bankruptcy Act any bankruptcy law in which Tenant is the bankrupt; or, if Tenant is a partnership or consists of more than one (1) person or entity, if any general partner of the partnership or other such person or entity is or becomes bankrupt or insolvent, or makes an assignment for the benefit of creditors; ; (ii) If a writ of attachment or execution is levied on this Lease; (iii) The appointment of If, in any proceeding or action to which Tenant is a trustee or party, a receiver is appointed with authority to take possession of substantially all of Tenant's assets located at the Premises Premises; or of Tenant's interests in this Lease, where possession is not restored to Tenant within thirty (30) days; or (iv) The attachmentthere is any assumption, execution assignment, sublease or other judicial seizure of substantially all of Tenant's assets located at transfer under or pursuant to the Premises or of Tenant's interest in this LeaseBankruptcy Code, where seizure is not discharged within thirty 11 U.S.C. 101 et seq. (30) dayshereinafter referred to as the "Bankruptcy Code"). An involuntary assignment shall constitute a default by Tenant under this Lease, and in such event Landlord shall have the right to elect to terminate this Lease, in which case this Lease shall not be treated as an asset of Tenant. If Landlord shall elect not to exercise its right hereunder to terminate this Lease in the event of an involuntary assignment, then, in addition to any other rights or remedies of Landlord under this Lease or provided by law, the provisions of Sections 28.3, 28.6, 28.7, 28.9, 28.10, and 28.14 shall apply to any such involuntary assignment. Such sums, if any, payable pursuant to the referenced Sections shall be and remain the exclusive property of Landlord and shall not constitute property of Tenant or of the estate of Tenant within the meaning of the Bankruptcy Code. Such sums which are not paid or delivered to Landlord shall be held in trust for the benefit of Landlord, and shall be promptly paid or turned over to Landlord upon demand. Any person or entity to which this Lease is assigned pursuant to the provisions of said Code shall be deemed without further act or deed to have assumed all of the obligations of Tenant arising under this Lease on and after the date of such assignment. Any such assignee shall upon demand execute and deliver such instruments and documents reasonably requested by Landlord confirming such assumption.

Appears in 1 contract

Samples: Office Lease (Activision Inc /Ny)

Involuntary Assignment. No Neither this Agreement nor the leasehold estate of Tenant nor any interest of Tenant in this Lease the Premises, or in the building or Improvements thereon shall be ---------------------- assignable involuntarily or by operation of lawLaw. Without limiting the foregoing, each Each of the following acts shall be considered as an involuntary assignment: (i) Transfer of this Lease by testacy or intestacy; (iia) If Tenant or any subtenant or assignee of Tenant is or becomes bankrupt or insolvent, makes an assignment for the benefit of creditors, or institutes a proceeding an Action or Proceeding under the United States Bankruptcy Act Code in which Tenant is the bankrupt; or, if Tenant is a partnership or consists of more than one person or entity, if any general partner of the partnership or other person or entity is or becomes bankrupt or insolvent, or makes an assignment for the benefit of creditors; (iiib) The appointment If a writ of attachment or execution is levied on this Agreement; (c) If, in any Action or Proceeding or action to which Tenant is a trustee or Party, a receiver is appointed with authority to take possession of substantially all the Premises. Any such attempt of Tenant's assets located at the Premises involuntary assignment, transfer or sale shall be void and of Tenant's interests in this Lease, where possession is not restored to Tenant within thirty (30) days; or (iv) The attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where seizure is not discharged within thirty (30) daysno effect. An involuntary assignment shall constitute a default by Tenant under this Leaseand, and in such event if said default is not timely cured as hereinafter provided, Landlord shall have the right to elect to terminate this LeaseAgreement, in which case this Lease Agreement shall not be treated as an asset of Tenant. If a writ of attachment or execution is levied on this Agreement, Tenant shall have ten (10) days in which to cause the attachment or execution to be removed. If any involuntary proceeding in bankruptcy is brought against Tenant, or if a receiver is appointed, Tenant shall have sixty (60) days in which to have the involuntary proceeding dismissed or the receiver removed. This section shall have no application to the rights of the mortgagee and/or beneficiary under an encumbrance placed upon the leasehold estate and Improvements thereon by the Tenant.

Appears in 1 contract

Samples: Lease Agreement (OCM HoldCo, LLC)

Involuntary Assignment. (a) No interest of Tenant Sublessee in this Lease Sublease shall be ---------------------- assignable by operation of law. Without limiting the foregoing, each Each of the following acts shall be considered an involuntary assignment: (i) Transfer of this Lease by testacy or intestacy; (ii) If Tenant Sublessee is or becomes bankrupt or insolvent, makes an assignment for the benefit of creditors, or institutes a proceeding under the Bankruptcy Act in which Tenant Sublessee is the bankrupt; or, if Tenant Sublessee is a partnership or consists of more than one person or entity, if any general partner of the partnership or other person or entity is or becomes bankrupt or insolvent, or makes an assignment for the benefit of creditors; (ii) If a writ of attachment or execution is levied on this Sublease; (iii) The appointment of If, in any proceeding or action to which Sublessee is a trustee or party, a receiver is appointed with authority to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interests in this Lease, where possession is not restored to Tenant within thirty (30) days; orSublet Premises. (ivb) The attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where seizure is not discharged within thirty (30) days. An involuntary assignment shall constitute a default by Tenant under this Lease, Sublessee and in such event Landlord Sublessor shall have the right to elect to terminate this LeaseSublease, in which case this Lease Sublease shall not be treated as an asset of TenantSublessee. If a writ of attachment or execution is levied on this Sublease, Sublessee shall have ten (10) days in which to cause the attachment or execution to be removed. If any involuntary proceeding in bankruptcy is brought against Sublessee, or if a receiver is appointed, Sublessee shall have sixty (60) days in which to have the involuntary proceeding dismissed or the receiver removed.

Appears in 1 contract

Samples: Sublease (Inland Western Retail Real Estate Trust Inc)

Involuntary Assignment. No interest of Tenant Xxxxxx in this Lease Agreement shall be ---------------------- assignable by operation of law, including, without limitation, the transfer of this Lease Agreement by testacy or intestacy. Without limiting the foregoing, each Each of the following acts shall be considered an involuntary assignment: (i) Transfer of this Lease by testacy or intestacy; (ii) If Tenant City is or becomes bankrupt or insolvent, makes an assignment for the benefit of creditors, or institutes a proceeding under the Bankruptcy Act in which Tenant City is the bankruptbankrupt party; or, if Tenant the City is a partnership or consists of more than one person or entity, if any general partner of the partnership or other person or entity is or becomes bankrupt or insolvent, or makes an assignment for the benefit of creditors; (ii) If a writ of attachment or execution is levied on this Lease Agreement; (iii) The appointment of If, in any proceeding or action to which Xxxxxx is a trustee or party, a receiver is appointed with authority to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interests in this Lease, where possession is not restored to Tenant within thirty (30) days; orLeased Premises. (iv) The attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where seizure is not discharged within thirty (30) days. An involuntary assignment shall constitute a default by Tenant under this Lease, City and in such event Landlord Lessor shall have the right to elect to terminate this LeaseLease Agreement, in which case this Lease Agreement shall not be treated as an asset of TenantCity. (v) If a writ of attachment or execution is levied on this Lease Agreement, City shall have ten (10) days in which to cause the attachment or execution to be removed. If any involuntary proceeding in bankruptcy is brought against Xxxxxx, or if a receiver is appointed, Lessee shall have sixty (60) days in which to have the involuntary proceeding dismissed or the receiver removed.

Appears in 1 contract

Samples: Disposition, Development and Loan Agreement

Involuntary Assignment. No Notwithstanding any provision herein contained to the contrary, the Landlord shall not be required to consent to any involuntary assignment of this Lease or of the interest of the Tenant in this Lease shall be ---------------------- assignable by operation of law. Without limiting the foregoing, each Each of the following acts shall be considered an involuntary assignment: (i) Transfer of this Lease by testacy or intestacy; (iia) If Tenant is or becomes bankrupt or insolventinsolvent or is a debtor-in-possession under any insolvency statute such as "Chapter XI" proceedings under the Bankruptcy Act, or where Tenant makes an assignment for the benefit of creditors, creditors or institutes a proceeding under the Bankruptcy Act in which the Tenant is a bankrupt or a debtor or a debtor-in-possession or if any proceeding is instituted against the bankruptTenant under the Bankruptcy Act; or, or if Tenant is a partnership or consists of more than one person or entity, if any general partner of the partnership or other person or entity is or becomes bankrupt or insolvent, insolvent or makes an assignment for the benefit of creditors;creditors or in the event any court, court officer, referee, judge, trustee or judicial officer attempts to assign or offer for sale at auction or otherwise the subject lease; or (iiib) The appointment If a writ of attachment or execution is levied on this Lease; or (c) If, in any proceeding or action to which Tenant is a trustee or party, a receiver is appointed with authority to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interests in this Lease, where possession is not restored to Tenant within thirty (30) days; or (iv) The attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where seizure is not discharged within thirty (30) dayspremises. An involuntary assignment shall constitute a default by Tenant under this Lease, and in such event Landlord shall have the right to elect to terminate this Lease, in which case this Lease shall not be treated as an asset of Tenant.

Appears in 1 contract

Samples: Lease Agreement (Manchester Equipment Co Inc)

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Involuntary Assignment. No interest of Tenant in this Lease lease shall ---------------------- be ---------------------- assignable by operation of law. Without limiting the foregoing, each of the following acts shall be considered an legal process, receivership, bankruptcy or otherwise ("involuntary assignment"). An involuntary assignment shall include but not be limited to the following: (i) Transfer of this Lease by testacy or intestacy; (ii) If Tenant is or becomes bankrupt or insolvent, ; makes an assignment for the benefit of creditors, or institutes a proceeding under the Bankruptcy Act in which Tenant is the bankrupt; or, if Tenant is a partnership or consists of more than one person or entity, if any general partner of the partnership or other person or entity is or becomes bankrupt or insolvent, insolvent or makes an assignment for the benefit of creditors;; and/or (ii) If a writ of attachment or execution is levied on this lease; and/or (iii) The appointment of If, in any proceeding or action to which Tenant is a trustee or party, a receiver is appointed with authority to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interests in this Lease, where possession is not restored to Tenant within thirty (30) days; or (iv) The attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where seizure is not discharged within thirty (30) dayspremises. An involuntary assignment shall constitute a default by Tenant under this LeaseTenant, and in such event Landlord shall have the right to elect to terminate this Leaselease, in which case this Lease lease shall not be treated as an asset of Tenant. If a writ of attachment or execution is levied on this lease or a receiver is appointed, Tenant shall have thirty (30) days in which to cause the attachment or execution or Illegible ---------- Initials -21- receiver to be removed. If any involuntary proceeding in bankruptcy is brought against Tenant, Tenant shall have sixty (60) days in which to have the involuntary proceedings dismissed.

Appears in 1 contract

Samples: Lease Agreement (Medicode Inc)

Involuntary Assignment. No An Involuntary Assignment that is not dismissed within sixty (60) days shall constitute a default by Licensee and Licensor shall have the right to elect to terminate this Agreement if same is not dismissed within sixty (60) days, in which case this Agreement shall not be treated as an asset of Licensee. All sums payable by Licensee under this Agreement shall be and remain the exclusive property of Licensor and shall not constitute property of Licensee or of the estate of Licensee within the meaning of the Bankruptcy Code, 11 U.S.C. 101 et seq., as amended from time-to-time. Such sums which are not paid or delivered to Licensor shall be held in trust for the benefit of Licensor, and shall be promptly paid or turned over to Licensor upon demand. Any person or entity to which this Agreement is assigned pursuant to the provisions of the Bankruptcy Code shall be deemed without further act or deed to have assumed all of the obligations of Licensee arising under this Agreement on and after the date of such assignment, and all of the terms and provisions of this Agreement shall be binding upon such assignee. Any such assignee shall upon demand execute and deliver such instruments and documents reasonably requested by Licensor confirming such assumption. Involuntary Assignment, as used herein, means any transfer of interest of Tenant Licensee in this Lease shall be ---------------------- assignable the Agreement by operation of law. Without limiting law (including, without limitation, the foregoingtransfer of this Agreement by testacy or intestacy, or in any bankruptcy or insolvency proceeding) and each of the following acts shall be considered an involuntary assignmentInvoluntary Assignment: (i) Transfer of this Lease by testacy or intestacy; (iia) If Tenant Licensee is or becomes bankrupt or insolvent, makes an assignment for the benefit of creditors, or institutes a proceeding under the Bankruptcy Act any bankruptcy law in which Tenant Licensee is the bankrupt; or, if Tenant Licensee is a partnership or consists of more than one (1) person or entity, if any general partner of the partnership or other such person or entity is or becomes bankrupt or insolvent, or makes an assignment for the benefit of creditors; ; (iiib) The appointment if a writ of attachment or execution is levied on this Agreement; (c) if, in any proceeding or action to which Licensee is a trustee or party, a receiver is appointed with authority to take possession of substantially all of Tenant's assets located at the Premises Licensed Area; or of Tenant's interests in this Lease(d) there is any assumption, where possession is not restored to Tenant within thirty (30) days; or (iv) The attachmentassignment, execution sublease or other judicial seizure of substantially all of Tenant's assets located at transfer under or pursuant to the Premises or of Tenant's interest in this Lease, where seizure is not discharged within thirty (30) days. An involuntary assignment shall constitute a default by Tenant under this Lease, and in such event Landlord shall have the right to elect to terminate this Lease, in which case this Lease shall not be treated as an asset of TenantBankruptcy Code.

Appears in 1 contract

Samples: Specialty License Agreement (FBC Holding, Inc.)

Involuntary Assignment. No interest of Tenant in this Lease shall be ---------------------- assignable by operation of law. Without limiting law (including, without limitation, the foregoingtransfer of this Lease by testacy or intestacy), each of the following acts shall be considered an involuntary assignment: (i) Transfer of this Lease by testacy or intestacy; (iia) If Tenant is files or has filed against it a petition under the Bankruptcy Code (as defined below), as may be amended, becomes bankrupt or insolvent, or makes an assignment for the benefit of creditors, or institutes a proceeding under the Bankruptcy Act in which Tenant is the bankrupt; or, if Tenant is a partnership or consists of more than one person or entitypartnership, if any general partner of the partnership files or other person has filed against such partner a petition under the Bankruptcy Act, as may be amended, or entity is or such partner becomes bankrupt or insolvent, or makes an assignment for the benefit of creditors; (iiib) The appointment If a writ of attachment or execution is levied on this Lease; and/or (c) If, in any proceeding or action to which Tenant is a trustee or party, a receiver is appointed with authority to take possession of substantially the Leased Premises. (d) Notwithstanding the foregoing, in the event this Lease is assigned to any person or entity pursuant to the provisos of the Bankruptcy Code 11 U.S.C. 101 et seq. (the "Bankruptcy Code"), any and all monies or other considerations payable or otherwise to be delivered in connection with such assignment shall be paid or delivered to Landlord, shall be and remain the exclusive property of Landlord and shall not constitute property of Tenant or of the estate of Tenant within the meaning of the Bankruptcy Code. Any and all monies or other considerations constituting Landlord's property under the preceding sentence not paid or delivered to Landlord shall be held in trust for the benefit of Landlord and be promptly paid or delivered to Landlord. (e) Any person or entity to which this Lease is assigned pursuant to the Bankruptcy Code, shall be deemed without further act or deed to have assumed all of Tenant's assets located at the Premises or obligations arising under this Lease on and after the date of Tenant's interests in this Lease, where possession is not restored such assignment. Any such assignee shall upon demand execute and deliver to Tenant within thirty (30) days; or (iv) The attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where seizure is not discharged within thirty (30) daysLandlord an instrument confirming such assumption. An If an involuntary assignment shall constitute a default by Tenant under this Leaseoccurs and the cure periods (if any) set out in Section 25 have passed, and in such event Landlord shall have the right to election of any of the remedies provided in Section 25. If Landlord should elect to terminate this Lease, in which case this Lease shall not be treated as an asset of Tenant, and Tenant shall have no further rights under this Lease.

Appears in 1 contract

Samples: Standard Industrial Lease Agreement (Innotrac Corp)

Involuntary Assignment. No interest of Tenant in this Lease shall be ---------------------- assignable by operation of law. Without limiting the foregoing, each of the following acts shall be considered an involuntary assignment: (ia) Transfer of this Lease by testacy or intestacy; (iib) If Tenant is or becomes bankrupt or insolvent, makes an assignment for the benefit of creditors, or institutes a proceeding under the Bankruptcy Act in which Tenant is the bankrupt; or, if Tenant is a partnership or consists of more than one person or entity, if any general partner of the partnership or other person or entity is or becomes bankrupt or insolvent, or makes an assignment for the benefit of creditors; (iiic) The appointment of a trustee or receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interests in this Lease, where possession is not restored to Tenant within thirty sixty (3060) daysdays so long as no monetary default exists under this Lease; or (ivd) The attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where seizure is not discharged within thirty sixty (3060) daysdays so long as no monetary default exists under this Lease. An involuntary assignment shall constitute a default by Tenant under this Lease, and in such event Landlord shall have the right to elect to terminate this Lease, in which case this Lease shall not be treated as an asset of Tenant.

Appears in 1 contract

Samples: Office Lease (Hall Kinion & Associates Inc)

Involuntary Assignment. No interest of Tenant in this Lease shall be ---------------------- assignable by operation of lawlaw (including without limitation, the transfer of this Lease by testacy or intestacy, or in any bankruptcy or insolvency proceeding). Without limiting the foregoing, each Each of the following acts shall be considered an involuntary assignment: : (i1) Transfer of this Lease by testacy or intestacy; (ii) If if Tenant is or becomes bankrupt or insolvent, makes an assignment for the benefit of creditors, or institutes a proceeding under the Bankruptcy Act any bankruptcy law in which Tenant is the bankrupt; or, if Tenant is a partnership or consists of more than one (i) person or entity, if any general partner of the partnership or other such person or entity is or becomes bankrupt or insolvent, or makes an assignment for the benefit of creditors; ; (ii) if a writ of attachment or execution is levied on this Lease; (iii) The appointment of if, in any proceeding or action to which Tenant is a trustee or party, a receiver is appointed with authority to take possession of substantially all of Tenant's assets located at the Premises Premises; or of Tenant's interests in this Lease, where possession is not restored to Tenant within thirty (30) days; or (iv) The attachmentthere is any assumption, execution assignment, sublease or other judicial seizure of substantially all of Tenant's assets located at transfer under or pursuant to the Premises or of Tenant's interest in this Lease, where seizure is not discharged within thirty Bankruptcy Code 11 U.S.C. 101 ET SEQ. (30) dayshereinafter referred to as the "Bankruptcy Code"). An involuntary assignment shall constitute a default by Tenant under this Lease, and in such event Landlord shall have the right to elect to terminate this Lease, in which case this Lease shall not be treated as an asset of Tenant. If Landlord shall elect not to exercise its right hereunder to terminate this Lease in the event of an involuntary assignment then, in addition to any other rights or remedies of Landlord under this Lease or provided by law, the provisions of Sections 28.3, 28.6, 28.7, 28.9, 28.10, and 28.14 shall apply to any such involuntary assignment. Such sums, if any, payable pursuant to the referenced Sections shall be and remain the exclusive property of Landlord and shall not constitute property of Tenant or of the estate of Tenant within the meaning of the Bankruptcy Code. Such sums which are not paid or delivered to Landlord shall be hold in trust for the benefit of Landlord, and shall be promptly paid or turned over to Landlord upon demand. Any person or entity to which, this Lease is assigned pursuant to the provisions; of said Code shall be deemed without further act or deed to have assumed all of the obligations of Tenant arising under this Lease on and after the daft of such assignment. Any such assignee shall upon demand execute and deliver such instruments and documents reasonably requested by Landlord confirming such assumption.

Appears in 1 contract

Samples: Office Lease (Doubletwist Inc)

Involuntary Assignment. (a) No interest of Tenant Sublessee in this Lease Sublease shall be ---------------------- assignable by operation of lawlaw including, without limitation, the transfer of this Sublease by testacy or intestacy. Without limiting the foregoing, each Each of the following acts shall be considered an involuntary assignment: (i) Transfer of this Lease by testacy or intestacy; (ii1) If Tenant Sublessee is or becomes bankrupt or insolvent, makes an assignment for the benefit of creditors, or institutes a proceeding under the Bankruptcy Act in which Tenant Sublessee is the bankrupt; or, if Tenant Sublessee is a partnership or consists of more than one person or entity, if any general partner of the partnership or other person or entity is or becomes bankrupt or insolvent, or makes an assignment for the benefit of creditors; (iii2) The appointment If a writ of attachment or execution is levied on this Sublease; (3) If, in any proceeding or action to which Sublessee is a trustee or party, a receiver is appointed with authority to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interests in this Lease, where possession is not restored to Tenant within thirty (30) days; orSublet Premises. (ivb) The attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where seizure is not discharged within thirty (30) days. An involuntary assignment shall constitute a default by Tenant under this Lease, Sublessee and in such event Landlord Sublessor shall have the right to elect to terminate this LeaseSublease, in which case this Lease Sublease shall not be treated as an asset of TenantSublessee. If a writ of attachment or execution is levied on this Sublease, Sublessee shall have ten (10) days in which to cause the attachment or execution to be removed. If any involuntary proceeding in bankruptcy is brought against Sublessee, or if a receiver is appointed, Sublessee shall have sixty (60) days in which to have the involuntary proceeding dismissed or the receiver removed.

Appears in 1 contract

Samples: Sublease (Inland Real Estate Corp)

Involuntary Assignment. No interest of Tenant in this Lease shall be ---------------------- assignable by operation of law. Without limiting the foregoing, each of the following acts shall be considered an involuntary assignment: (i) Transfer of this Lease by testacy or intestacy; (ii) If Tenant is or becomes bankrupt or insolvent, makes an assignment for the benefit of creditors, or institutes a proceeding under the Bankruptcy Act in which Tenant is the bankrupt; or, if Tenant is a partnership or consists of more than one person or entity, if any general partner of the partnership or other person or entity is or becomes bankrupt or insolvent, or makes an assignment for the benefit of creditors; (iiiii) The appointment of a trustee or receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interests in this Lease, where possession is not restored to Tenant within thirty (30) days; or (iviii) The attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where seizure is not discharged within thirty (30) days. An involuntary assignment shall constitute a default by Tenant an Event of Default under this Lease, and in such event Landlord shall have the right to elect to terminate this Lease, in which case this Lease shall not be treated as an asset of Tenant.

Appears in 1 contract

Samples: Office Lease (Niku Corp)

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