Common use of Landlord Bankruptcy Proceeding Clause in Contracts

Landlord Bankruptcy Proceeding. In the event that the obligations of Landlord under this Lease are not performed during the pendency of a bankruptcy or insolvency proceeding involving the Landlord as the debtor, or following the rejection of this Lease in accordance with Section 365 of the United States Bankruptcy Code, then notwithstanding any provision of this Lease to the contrary, Tenant shall have the right to set off against Rents next due and owing under this Lease: (a) any and all damages caused by such non-performance of Landlord's obligations under this Lease by Landlord, the debtor-in-possession, or the bankruptcy trustee; (b) any and all damages caused by the non-performance of Landlord's obligations under this Lease following any rejection of this Lease in accordance with Section 365 of the United States Bankruptcy Code; and (c) the cost of performing any obligations of Landlord hereunder.

Appears in 2 contracts

Samples: Lease Agreement (Griffin Capital Essential Asset REIT II, Inc.), Lease Agreement (Griffin Capital Essential Asset REIT II, Inc.)

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Landlord Bankruptcy Proceeding. In the event that the obligations of Landlord under this Lease are not performed during the pendency of a bankruptcy or insolvency proceeding involving the Landlord as the debtor, or following the rejection of this Lease in accordance with Section 365 of the United States Bankruptcy Code, then notwithstanding any provision of this Lease to the contrary, and in addition to any and all other remedies permitted by this Lease and/or by applicable laws Tenant shall have the right to set off against Rents next due and owing under this Lease: Lease (a) any and all damages caused by such non-performance of Landlord's ’s obligations under this Lease by Landlord, the debtor-in-possession, or the bankruptcy trustee; , and (b) any and all damages caused by the non-performance of Landlord's ’s obligations under this Lease following any rejection of this Lease in accordance with Section 365 of the United States Bankruptcy Code; and (c) the cost of performing any obligations of Landlord hereunder.

Appears in 2 contracts

Samples: Lease Agreement (Redwood Trust Inc), Lease Agreement (Redwood Trust Inc)

Landlord Bankruptcy Proceeding. In the event that the obligations of Landlord under this Lease are not performed during the pendency of a bankruptcy or insolvency proceeding involving the Landlord and/or Master Landlord as the debtor, or following the rejection of this Lease in accordance with Section 365 of the United States Bankruptcy Code, then notwithstanding any provision of this Lease to the contrary, Tenant shall have the right to set off against Rents the Rent next due and owing under this Lease: Lease (a) any and all damages caused by such non-performance of Landlord's ’s obligations under this Lease by Landlord, the debtor-in-possession, or the bankruptcy trustee; , and (b) any and all damages caused by the non-performance of Landlord's ’s obligations under this Lease following any rejection of this Lease in accordance with Section 365 of the United States Bankruptcy Code; and (c) the cost of performing any obligations of Landlord hereunder.

Appears in 2 contracts

Samples: Lease (CoreSite Realty Corp), Lease (CoreSite Realty Corp)

Landlord Bankruptcy Proceeding. In the event that the obligations of Landlord under this Lease are not performed during the pendency of a bankruptcy or insolvency proceeding involving the Landlord as the debtor, or following the rejection of this Lease in accordance with Section 365 of the United States Bankruptcy Code, then notwithstanding any provision of this Lease to the contrary, Tenant shall have the right to set off against Rents the Rent next due and owing under this Lease: Lease (a) any and all damages caused by such non-performance of Landlord's ’s obligations under this Lease by Landlord, the debtor-in-possession, or the bankruptcy trustee; , and (b) any and all damages caused by the non-performance of Landlord's ’s obligations under this Lease following any rejection of this Lease in accordance with Section 365 of the United States Bankruptcy Code; and (c) the cost of performing any obligations of Landlord hereunder.

Appears in 2 contracts

Samples: Lease Agreement (CoreSite Realty Corp), Lease (CoreSite Realty Corp)

Landlord Bankruptcy Proceeding. In the event that the obligations of Landlord under this the Lease are not performed during the pendency of a bankruptcy or insolvency proceeding involving the Landlord as the debtor, or following the rejection of this the Lease in accordance with Section 365 of the United States Bankruptcy Code, then notwithstanding any provision of this the Lease to the contrary, Tenant shall have the right to set off against Rents the Rent next due and owing under this Lease: the Lease (a) any and all damages caused by such non-performance nonperformance of Landlord's obligations under this the Lease by Landlord, the debtor-in-possession, or the bankruptcy trustee; , and (b) any and all damages caused by the non-performance nonperformance of Landlord's obligations under this the Lease following any rejection of this the Lease in accordance with Section 365 of the United States Bankruptcy Code; and (c) the cost of performing any obligations of Landlord hereunder.

Appears in 1 contract

Samples: Office Lease (Arbinet Thexchange Inc)

Landlord Bankruptcy Proceeding. In the event that the obligations of Landlord under this Lease are not performed during the pendency of a bankruptcy or insolvency proceeding involving the Landlord as the debtor, or following the rejection of this Lease in accordance with Section 365 of the United States Bankruptcy Code, then notwithstanding any provision of this Lease to the contrary, Tenant shall have the right to set off against Rents next due and owing under this Lease: Lease (a) any a)any and all damages caused by such non-performance of Landlord's ’s obligations under this Lease by Landlord, the debtor-in-possession, or the bankruptcy trustee; , and (b) any and all damages caused by the non-performance of Landlord's ’s obligations under this Lease following any rejection of this Lease in accordance with Section 365 of the United States Bankruptcy Code; and (c) the cost of performing any obligations of Landlord hereunder.

Appears in 1 contract

Samples: Office Lease (Gramercy Capital Corp)

Landlord Bankruptcy Proceeding. In the event that the obligations of Landlord under this Lease are not performed during the pendency of a bankruptcy or insolvency proceeding involving the Landlord as the debtor, or following the rejection of this Lease in accordance with Section 365 of the United States Bankruptcy Code, then notwithstanding any provision of this Lease to the contrary, and in addition to any and all other remedies permitted by this Lease and/or by Applicable Laws, Tenant shall have the right to set off against Rents next due and owing under this Lease: Lease (a) any and all damages caused by such non-performance of Landlord's ’s obligations under this Lease by Landlord, the debtor-in-possession, or the bankruptcy trustee; , and (b) any and all damages caused by the non-performance of Landlord's ’s obligations under this Lease following any rejection of this Lease in accordance with Section 365 of the United States Bankruptcy Code; and (c) the cost of performing any obligations of Landlord hereunder.

Appears in 1 contract

Samples: Sublease Agreement (Responsys Inc)

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Landlord Bankruptcy Proceeding. In the event that the obligations of Landlord under this Lease are not performed during the pendency of a bankruptcy or insolvency proceeding involving the Landlord as the debtor, or following the rejection of this Lease in accordance with Section 365 of the United States Bankruptcy Code, then notwithstanding any provision of this Lease to the contrary, Tenant shall have the right to set off against Rents the Rent next due and owing under this Lease: Lease (a) any and all damages caused by such non-performance of Landlord's obligations under this Lease by Landlord, the debtor-in-possession, or the bankruptcy trustee; , and (b) any and all damages caused by the non-performance of Landlord's obligations under this Lease following any rejection of this Lease in accordance with Section 365 of the United States Bankruptcy Code; and (c) the cost of performing any obligations of Landlord hereunder.

Appears in 1 contract

Samples: Office Lease (Etoys Inc)

Landlord Bankruptcy Proceeding. In the event that the obligations of Landlord under this Lease are not performed during the pendency of a bankruptcy or insolvency proceeding involving the Landlord as the debtor, or following the rejection of this Lease in accordance with Section 365 of the United States Bankruptcy Code, then notwithstanding any provision of this Lease to the contrary, Tenant shall have the right to set off against Rents next due and owing under this Lease: Lease (a) any a)any and all damages caused by such non-performance of Landlord's obligations under this Lease by Landlord, the debtor-in-possession, or the bankruptcy trustee; , and (b) any and all damages caused by the non-performance of Landlord's obligations under this Lease following any rejection of this Lease in accordance with Section 365 of the United States Bankruptcy Code; and (c) the cost of performing any obligations of Landlord hereunder.

Appears in 1 contract

Samples: Office Lease (Gramercy Capital Corp)

Landlord Bankruptcy Proceeding. In the event that the obligations of Landlord under this Lease are not performed during the pendency of a bankruptcy or insolvency proceeding involving the Landlord as the debtor, or following the rejection of this Lease in accordance with Section 365 of the United States Bankruptcy Code, then notwithstanding any provision of this Lease to the contrary, and in addition to any and all other remedies permitted by this Lease and/or by Applicable Laws Tenant shall have the right to set off against Rents next due and owing under this Lease: Lease (a) any and all damages caused by such non-performance of Landlord's ’s obligations under this Lease by Landlord, the debtor-in-possession, or the bankruptcy trustee; , and (b) any and all damages caused by the non-performance of Landlord's ’s obligations under this Lease following any rejection of this Lease in accordance with Section 365 of the United States Bankruptcy Code; and (c) the cost of performing any obligations of Landlord hereunder.

Appears in 1 contract

Samples: Office Building Lease (Molina Healthcare Inc)

Landlord Bankruptcy Proceeding. In the event that the obligations of Landlord under this Lease are not performed during the pendency of a bankruptcy or insolvency proceeding involving the Landlord as the debtor, or following the rejection of this Lease in accordance with Section 365 of the United States Bankruptcy Code, then notwithstanding any provision of this Lease to the contrary, Tenant shall have the right to set off against Rents the Rent next due and owing under this Lease: Lease (a) any and all damages caused by such non-performance of Landlord's ’s obligations under this Lease by Landlord, the debtor-in-possession, or the bankruptcy trustee; , and (b) any and all damages caused by the non-performance of Landlord's ’s obligations under this Lease following any rejection of this Lease in accordance with Section 365 of the United States Bankruptcy Code; and (c) the cost of performing any obligations of Landlord hereunder.

Appears in 1 contract

Samples: Office Lease (Electronic Arts Inc)

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