Common use of Lessee Event of Default Clause in Contracts

Lessee Event of Default. Each of the following events shall be an event of default (“Event of Default”) by Lessee under this Lease: (a) Lessee shall fail to make any payment of Rent or any other sums which are payable under this Lease when due, and such failure shall continue for a period of 10 days after receipt of written notice from Lessor of such failure, provided however, Lessor shall only be required to provide notice under this paragraph once during any calendar year; (b) Lessee shall fail to comply with any term, provision or covenant of this Lease (other than the preceding subparagraph), and shall not cure, or have commenced to cure and pursue completion of the cure with due diligence, such failure within 30 days after written notice thereof to Lessee; provided however, that if any such default is of a nature that cannot reasonably be cured within 30 days and cure of such default has been commenced in good faith within such 30 day period, the commencement of the cure of such default within such 30 day period and the diligent prosecution to completion of such cure within a reasonable amount of time, but in any event within 120 days after the date Lessor sends the above-described notice, shall be deemed to be a cure of such default for purposes of this paragraph; or (c) Lessee or any guarantor or surety of Lessee’s obligations hereunder shall (i) make a general assignment for the benefit of creditors; (ii) commence any case, proceeding or other action seeking to have an order for relief entered on its behalf as a debtor or to adjudicate it as bankrupt or insolvent, or seeking reorganization, arrangement, adjustment, liquidation, dissolution or composition of it or its debts or seeking appointment of a receiver, trustee, custodian or other similar official for it or for all or of any substantial part of its property (collectively a “proceeding for relief”); (iii) become the subject of any proceeding for relief which is not dismissed within 60 days of its filing or entry; (iv) abandon the Premises for a period exceeding 180 days; or (v) be dissolved or otherwise fail to maintain its legal existence.

Lessee Event of Default. Each of the following events shall be an event of default (“Event of Default”) by Lessee under this Lease: (a) Lessee shall fail to make any payment of Rent or any other sums which are payable under this Lease when due, and such failure shall continue for a period of 10 days after receipt of written notice from Lessor of such failure, provided however, Lessor shall only be required to provide notice under this paragraph once during any calendar year; (b) Lessee shall fail to comply with any term, provision or covenant of this Lease (other than the preceding subparagraph), and shall not cure, or have commenced to cure and pursue completion of the cure with due diligence, such failure within 30 days after written notice thereof to Lessee; provided however, that if any such default is of a nature that cannot reasonably be cured within 30 days and cure of such default has been commenced in good faith within such 30 day period, the commencement of the cure of such default within such 30 day period and the diligent prosecution to completion of such cure within a reasonable amount of time, but in any event within 120 days after the date Lessor sends the above-described notice, shall be deemed to be a cure of such default for purposes of this paragraph; or (c) Lessee or any guarantor or surety of Lessee’s obligations hereunder shall (iA) make a general assignment for the benefit of creditors; (iiB) commence any case, proceeding or other action seeking to have an order for relief entered on its behalf as a debtor or to adjudicate it as bankrupt or insolvent, or seeking reorganization, arrangement, adjustment, liquidation, dissolution or composition of it or its debts or seeking appointment of a receiver, trustee, custodian or other similar official for it or for all or of any substantial part of its property (collectively a “proceeding for relief”); (iiiC) become the subject of any proceeding for relief which is not dismissed within 60 days of its filing or entry; (iv) abandon the Premises for a period exceeding 180 days; or (vD) be dissolved or otherwise fail to maintain its legal existence.

Lessee Event of Default. Each of the following events shall be an event Event of default Default by Lessee (each, a “Lessee Event of Default”) by Lessee under the terms of this Lease: (a) 1. failure by Lessee shall fail to make pay Rent to Lessor on any payment of Rent or any other sums date on which are payable the same is due under this Lease when dueLease, and such this failure shall continue for a period of 10 not be cured within seven (7) calendar days after receipt the date of written notice from Lessor to Lessee of such failure; provided, provided however, Lessor that notwithstanding the foregoing, Lessee shall only be required entitled to provide notice one (1) such cure period under this paragraph once during Paragraph XII.A.1 in any calendar year, and that a Lessee Event of Default shall have occurred immediately upon Lessee’s second such failure and any subsequent such failures in any calendar year; (b) 2. failure by Lessee shall fail to comply with any term, provision or covenant of obtain and maintain all insurance as required under this Lease (other than and/or to furnish to Lessor evidence thereof and/or evidence of payment thereof, if the preceding subparagraph), and shall failure is not cure, or have commenced to cure and pursue completion of the cure with due diligence, such failure within 30 days after written notice thereof to Lessee; provided however, that if any such default is of a nature that cannot reasonably be cured within 30 days and cure of such default has been commenced in good faith within such 30 day period, the commencement of the cure of such default within such 30 day period and the diligent prosecution to completion of such cure within a reasonable amount of time, but in any event within 120 seven (7) calendar days after the date Lessor sends the above-described notice, shall be deemed of written notice to be a cure Lessee of such default for purposes violation; provided, however, that notwithstanding the foregoing, Lessee shall only be entitled to one (1) such cure period under this Paragraph XII.A.2 in any five-year period, and that a Lessee Event of this paragraph; or (c) Lessee or any guarantor or surety of Default shall have occurred immediately upon Lessee’s obligations hereunder shall (i) make second such failure and any subsequent such failures in any five-year period; 3. a general assignment for the benefit of creditors; (ii) commence any case, proceeding or other action seeking to have an order court Order for relief entered on its behalf in any involuntary case commenced against Lessee, as a debtor debtor, under the Federal Bankruptcy Code, as now or to adjudicate it as bankrupt or insolventhereafter constituted, and said Order is not vacated within one hundred twenty (120) days, or seeking reorganization, arrangement, adjustment, liquidation, dissolution or composition of it or its debts or seeking appointment the entry of a decree or order by a court having jurisdiction appointing a custodian, receiver, liquidator, assignee, trustee, custodian sequestrator, or other similar official for it of, or for all Lessee or of any a substantial part of its property (collectively a “proceeding for relief”); (iii) become the subject properties of Lessee or order winding up or liquidation of the affairs of Lessee, and the continuance of any proceeding such decree or order unstayed and in effect for relief which is not dismissed within 60 days of its filing or entry; one hundred twenty (iv120) abandon the Premises for a period exceeding 180 consecutive days; or (v) be dissolved or otherwise fail to maintain its legal existence.;

Lessee Event of Default. Each of the following events shall be an event of default (deemed a “Lessee Event of Default”) by Lessee ” under this Lease: (a) Lessee shall fail Lessee’s failure to make any payment of Rent pursuant to Section 3.3(a) hereof which has not been cured within ten (10) Business Days following notice from Lessor; (b) Lessee’s failure to observe or perform any other sums which are payable under material provisions of this Lease when due, and such failure shall continue for a period of 10 sixty (60) days after receipt of written notice from Lessor of specifying such failure, provided howeverprovided, Lessor however that if Lessee has commenced to cure the same within such sixty (60) day period and thereafter shall only prosecute the curing of same with reasonable diligence, then the time within which such failure may be required cured shall be extended for such period as may be reasonably necessary to provide notice under this paragraph once during any calendar yearcomplete the same with reasonable diligence; (bc) Lessee shall fail to comply with any termof Lessee’s representations and warranties herein are untrue, provision incomplete or covenant of this Lease (other than the preceding subparagraph), and shall not cure, or have commenced to cure and pursue completion of the cure with due diligence, such failure within 30 days after written notice thereof to Lessee; provided however, that if any such default is of a nature that cannot reasonably be cured within 30 days and cure of such default has been commenced in good faith within such 30 day period, the commencement of the cure of such default within such 30 day period and the diligent prosecution to completion of such cure within a reasonable amount of time, but incorrect in any event within 120 days after the date Lessor sends the above-described notice, shall be deemed to be a cure of such default for purposes of this paragraphrespect; or (cd) the making by Lessee or of any guarantor or surety of Lessee’s obligations hereunder shall (i) make a general assignment for the benefit of creditors; (ii) commence any case, proceeding creditors or other action seeking the filing by or against Lessee a petition to have an order Lessee adjudged a bankrupt or a petition for relief entered reorganization or arrangement under any law relating to bankruptcy, unless such events are revoked or dismissed within sixty (60) days or the leasehold mortgagee commences foreclosure proceedings on its behalf as a debtor or leasehold mortgage within said sixty (60) days and diligently prosecutes said foreclosure to adjudicate it as bankrupt or insolventcompletion, or seeking reorganization, arrangement, adjustment, liquidation, dissolution or composition unless Lessor is afforded adequate assurances pursuant to Section 365(b)(3) of it or its debts or seeking appointment of a receiver, trustee, custodian or other similar official for it or for all or of any substantial part of its property (collectively a “proceeding for relief”); (iii) become the subject of any proceeding for relief which is not dismissed within 60 days of its filing or entry; (iv) abandon the Premises for a period exceeding 180 days; or (v) be dissolved or otherwise fail to maintain its legal existence.Bankruptcy Code;

Lessee Event of Default. Each of the following events shall be an event Event of default Default by Lessee (each, a “Lessee Event of Default”) by Lessee under the terms of this Lease: (a) failure by Lessee shall fail to make pay Rent to Lessor on any payment of Rent or any other sums date on which are payable the same is due under this Lease when dueLease, and such this failure shall continue for a period of 10 not be cured within fifteen (15) business days after receipt the date of written notice from Lessor to Lessee of such failure, provided however, Lessor shall only be required to provide notice under this paragraph once during any calendar year; (b) failure by Lessee shall fail to obtain and maintain all insurance as required under this Lease and/or to furnish to Lessor evidence thereof and/or evidence of payment thereof, if the failure is not cured within fifteen (15) business days after the date of written notice to Lessee of such violation; (c) a court Order for relief in any involuntary case commenced against Lessee, as debtor, under the Federal Bankruptcy Code, as now or hereafter constituted, and said Order is not vacated within one hundred twenty (120) days, or the entry of a decree or order by a court having jurisdiction appointing a custodian, receiver, liquidator, assignee, trustee, sequestrator, or other similar official of, or for Lessee or a substantial part of the properties of Lessee or order winding up or liquidation of the affairs of Lessee, and the continuance of any such decree or order unstayed and in effect for one hundred twenty (120) consecutive days; (d) commencement by Lessee of a voluntary case under the Federal Bankruptcy Code, as now or hereafter constituted; (e) any failure by Lessee to comply with any term, provision or covenant material obligations of this Lease (other than the preceding subparagraphthose failures described in Sections 12.01(a)-(d)), and shall not cure, or have commenced to cure and pursue completion of the cure with due diligence, if such failure within 30 days after written notice thereof to Lessee; provided however, that if any such default is of a nature that cannot reasonably be cured within 30 days and cure of such default has been commenced in good faith within such 30 day period, the commencement of the cure of such default within such 30 day period and the diligent prosecution to completion of such cure within a reasonable amount of time, but in any event within 120 thirty (30) days after the date Lessor sends of written notice to Lessee of such Lease violation or such longer period of time as may reasonably be required for Lessee to cure the above-described noticeviolation, shall be deemed to be a provided that Lessee pursues the cure of such default for purposes of this paragraph; orthe violation with reasonable diligence; (cf) Lessee or any guarantor or surety of Lessee’s obligations hereunder shall (i) make a general assignment for the benefit of creditors; (ii) commence any case, proceeding or other action seeking to have an order for relief entered on its behalf as a debtor or to adjudicate it as bankrupt or insolvent, or seeking reorganization, arrangement, adjustment, liquidation, dissolution or composition of it or its debts or seeking appointment occurrence of a receiverTerminating Event under the CEA or an Event of Default under that certain Equipment Lease Agreement between Lessor and Lessee dated as of , trustee, custodian or other similar official for it or for all or of any substantial part of its property 2013 (collectively a the “proceeding for reliefEquipment Lease”); (iii) become the subject of any proceeding for relief which is not dismissed within 60 days of its filing or entry; (iv) abandon the Premises for a period exceeding 180 days; or (v) be dissolved or otherwise fail to maintain its legal existence.

Lessee Event of Default. Each of the following events shall be an event Event of default Default by Lessee (each, a “Lessee Event of Default”) by Lessee under the terms of this Lease: 15.1.1. Failure by Lessee to pay Rent to Lessor on any date on which the same is due under this Lease, and this failure shall not be cured within seven (a7) calendar days after the date of written notice to Lessee of such failure; provided, however, that notwithstanding the foregoing, Lessee shall fail only be entitled to make one (1) such cure period under this Subsection 15.1.1 in any payment calendar year, and that a Lessee Event of Rent or Default shall have occurred immediately upon Xxxxxx’s second such failure and any other sums which are payable subsequent such failures in any calendar year; 15.1.2. Failure by Lessee to obtain and maintain all insurance as required under this Lease when dueand/or to furnish to Lessor evidence thereof and/or evidence of payment thereof, if the failure is not cured within seven (7) calendar days after the date of written notice to Lessee of such violation; provided, however, that notwithstanding the foregoing, Lessee shall only be entitled to one (1) such cure period under this Subsection 15.1.2 in any five-year period, and that a Lessee Event of Default shall have occurred immediately upon Xxxxxx’s second such failure and any subsequent such failures in any five-year period; 15.1.3. A court Order for relief in any involuntary case commenced against Lessee, as debtor, under the Federal Bankruptcy Code, as now or hereafter constituted, and said Order is not vacated within one hundred twenty (120) days, or the entry of a decree or order by a court having jurisdiction appointing a custodian, receiver, liquidator, assignee, trustee, sequestrator, or other similar official of, or for Lessee or a substantial part of the properties of Lessee or order winding up or liquidation of the affairs of Xxxxxx, and the continuance of any such decree or order unstayed and in effect for one hundred twenty (120) consecutive days; 15.1.4. Commencement by Xxxxxx of a voluntary case under the Federal Bankruptcy Code, as now or hereafter constituted; 15.1.5. Any failure by Lessee to perform any material obligations or covenants of this Lease (other than those failures described in Subsections 15.1.1 - 15.1.4 above (inclusive)), and such failure shall continue for a period of 10 is not cured within thirty (30) calendar days after Lessee’s receipt of written notice from Lessor of such this failure; provided, provided however, Lessor shall only be required to provide notice under this paragraph once during any calendar year; (b) Lessee shall fail to comply with any term, provision or covenant of this Lease (other than the preceding subparagraph), and shall not cure, or have commenced to cure and pursue completion of the cure with due diligence, such failure within 30 days after written notice thereof to Lessee; provided however, that no Lessee Event of Default will occur if any such default is Lessee begins to cure the failure forming the basis of a nature that cannot reasonably be cured the Lessee Event of Default within 30 thirty (30) calendar days and cure after its receipt of such default has been commenced in good faith within such 30 day period, the commencement of the cure of such default within such 30 day period notice and the diligent prosecution to completion of continues such cure within a with reasonable amount of time, but in any event within 120 days after diligence for such period as is reasonably necessary to cure the date Lessor sends the above-described notice, shall be deemed to be a cure of such default for purposes of this paragraph; or (c) Lessee or any guarantor or surety of Lessee’s obligations hereunder shall (i) make a general assignment for the benefit of creditors; (ii) commence any case, proceeding or other action seeking to have an order for relief entered on its behalf as a debtor or to adjudicate it as bankrupt or insolvent, or seeking reorganization, arrangement, adjustment, liquidation, dissolution or composition of it or its debts or seeking appointment of a receiver, trustee, custodian or other similar official for it or for all or of any substantial part of its property (collectively a “proceeding for relief”); (iii) become the subject of any proceeding for relief which is not dismissed within 60 days of its filing or entry; (iv) abandon the Premises for a period exceeding 180 days; or (v) be dissolved or otherwise fail to maintain its legal existencefailure.

Lessee Event of Default. Each of the following events shall be an event of default (“Event of Default”) by Lessee under this Lease: (a) Lessee shall fail to make any payment of Rent or any other sums which are payable under this Lease when due, and such failure shall continue for a period of 10 days after receipt of written notice from Lessor of such failure, provided however, Lessor shall only be required to provide notice under this paragraph once during any calendar year; (b) Lessee shall fail to comply with any term, provision or covenant of this Lease (other than the preceding subparagraph), and shall not cure, or have commenced to cure and pursue completion of the cure with due diligence, such failure within 30 days after written notice thereof to Lessee; provided however, that if any such default is of a nature that cannot reasonably be cured within 30 days and cure of such default has been commenced in good faith within such 30 day period, the commencement of the cure of such default within such 30 day period and the diligent prosecution to completion of such cure within a reasonable amount of time, but in any event within 120 days after the date Lessor sends the above-described notice, shall be deemed to be a cure of such default for purposes of this paragraph; or (c) Lessee or any guarantor or surety of Lessee’s obligations hereunder shall (iA) make a general assignment for the benefit of creditors; (iiB) commence any case, proceeding or other action seeking to have an order for relief entered on its behalf as a debtor or to adjudicate it as bankrupt or insolvent, or seeking reorganization, arrangement, adjustment, liquidation, dissolution or composition of it or its debts or seeking appointment of a receiver, trustee, custodian or other similar official for it or for all or of any substantial part of its property (collectively a “proceeding for relief”); (iiiC) become the subject of any proceeding for relief which is not dismissed within 60 days of its filing or entry; (ivD) abandon the Premises for a period exceeding 180 days; or (vE) be dissolved or otherwise fail to maintain its legal existence.