Common use of Lessee Events of Default Clause in Contracts

Lessee Events of Default. Each of the following shall be an event of default under this Lease (each, a “Lessee Event of Default”): (a) Lessee fails to make any payment of Base Rent or Variable Rent, as the case may be, when due and such failure continues for three (3) Business Days after Lessee’s receipt of written notice from Lessor of such failure; or (b) Lessee fails to make any Additional Rent (other than a failure to pay Base Rent or Variable Rent and except for such payments as Lessee is contesting in good faith or pursuant to a Tax Challenge or a Permitted Lessee Contest) and such failure continues for seven (7) Business Days after Lessee’s receipt of written notice of such failure from Lessor; or (c) any representation and warranty made by Lessee under this Lease is false at the time made and which, individually or in the aggregate with respect to each other such false representation or warranty, is material; or (d) Lessee makes or permits a Lease Assignment or a Sublease in violation of Article XVII of this Lease, and fails to unwind or terminate such Lease Assignment or Sublease within sixty (60) days after Lessee’s receipt of written notice from Lessor of such breach; or (e) Lessee fails to maintain insurance on the Leased Property in compliance with this Lease, and such failure continues for five (5) Business Days after Lessee’s receipt of written notice of such failure from Lessor; or (f) Lessee fails to maintain the Terminal System in Good Condition and Repair and that failure continues for five (5) Business Days after Lessee’s receipt of written notice thereof from Lessor (g) Lessee fails to observe or perform any other covenant of Lessee under this Lease and that failure continues for fifteen (15) days after Lessee’s receipt of written notice of that breach from Lessor (or if the cure of that failure reasonably requires more than fifteen (15) days to complete, if Lessee fails to commence the cure within such fifteen (15) day period and thereafter diligently pursue such cure to completion); or (h) the filing by or against Lessee or Lessee Guarantor of a petition for relief under any Debtor Relief Laws (unless, in the case of a petition filed against Lessee or Lessee Guarantor, the same is dismissed within ninety (90) days after filing), or the appointment of a trustee or receiver to take possession of all, or substantially all, of Lessee’s or Lessee Guarantor’s assets or of Lessee’s interest in this Lease, where such appointment is not discharged in ninety (90) days after appointment of said trustee or receiver, or the voluntary filing of a petition for the appointment of the same; or (i) Lessee or Lessee Guarantor (i) fails to make any payment of principal or interest with respect to any debt after giving effect to any applicable cure period or (ii) fails to observe or perform any other agreement contained in any agreement or instrument relating to that debt that is a default (other than a failure to pay specified in clause (i) of this paragraph) and such default continues after the applicable grace or cure period, if any, specified in such agreement or instrument, if the effect of the failure specified in clause (i) or (ii) is to accelerate the maturity of that debt and such debt is not reinstated within seven (7) days after Lessee’s receipt of written notice from Lessor of such acceleration; or (j) A “Lessee Event of Default” has occurred under the Pipeline System Lease.

Appears in 4 contracts

Samples: Lease Agreement (Arc Logistics Partners LP), Lease Agreement (CorEnergy Infrastructure Trust, Inc.), Membership Interests Purchase Agreement (Arc Logistics Partners LP)

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Lessee Events of Default. Each The occurrence of any one or more of the following events shall be an event of default under this Lease (each, constitute a “Lessee Event of Default”):” under this Lease: (a) Lessee fails Lessee’s failure to make any payment of Base Rent or Variable Rent, as the case may bewhen due, when due and where such failure continues shall continue for three a period of ten (310) Business Days business days after Lessee’s receipt of written notice from Lessor of such failure; or (b) Lessee fails to make any Additional Rent (other than a failure to pay Base Rent or Variable Rent and except for such payments as Lessee is contesting in good faith or pursuant to a Tax Challenge or a Permitted Lessee Contest) and such failure continues for seven (7) Business Days after Lessee’s receipt of written notice of such failure is delivered from Lessor; orLessor to Lessee, and Lessee has not submitted to Lessor a written objection thereto. (cb) Lessee’s failure to perform any representation of the covenants and warranty made agreements to be performed by Lessee under this Lease is false at the time made and which, individually or in the aggregate with respect to each other such false representation or warranty, is material; or (d) Lessee makes or permits a Lease Assignment or a Sublease in violation of Article XVII of this Lease, and fails to unwind or terminate other than described in Section 12.1(a) above, where such Lease Assignment or Sublease within sixty failure shall continue for a period of thirty (6030) days after Lessee’s receipt of written notice from Lessor of such breach; or (e) Lessee fails to maintain insurance on the Leased Property in compliance with this Lease, and such failure continues for five (5) Business Days after Lessee’s receipt of written notice of such failure from Lessor; or (f) Lessee fails to maintain the Terminal System in Good Condition and Repair and that failure continues for five (5) Business Days after Lessee’s receipt of written notice thereof is delivered from Lessor Lessor to Lessee; provided, however, that if the nature of Lessee’s failure is such that more than thirty (g) Lessee fails to observe or perform any other covenant of Lessee under this Lease and that failure continues for fifteen (1530) days after Lessee’s receipt are required by Lessee for its cure, then such failure shall not be deemed to be a Lessee Event of written notice of that breach from Lessor (or if the cure of that failure reasonably requires more than fifteen (15) days to complete, Default if Lessee fails to commence the commenced such cure within such fifteen thirty (1530) day period and thereafter diligently pursue prosecutes such cure to completion); or. (hi) the The filing by or against Lessee or Lessee Guarantor of a petition to have Lessee adjudged bankrupt or a petition for relief reorganization or arrangement under any Debtor Relief Laws law relating to bankruptcy (unless, in the case of a petition filed against Lessee or Lessee Guarantor, unless the same is dismissed within ninety 180 days); (90ii) days after filing), or the appointment of a trustee or receiver to take possession of all, or substantially all, all of Lessee’s assets located at the Premises or of Lessee’s interest in this Lease, where possession is not restored to Lessee Guarantorwithin 180 days; or (iii) the attachment, execution or other judicial seizure of substantially all of Lessee’s assets located at the Premises or of Lessee’s interest in this Lease, where such appointment seizure is not discharged in ninety (90) days after appointment of said trustee or receiver, or the voluntary filing of a petition for the appointment of the same; orwithin 180 days. (id) Lessee Lessee’s failure to perform or Lessee Guarantor (i) fails to make ensure the performance of any payment of principal its obligations under Sections 6.1 or interest 7.1 with respect to any debt Sellers’ Environmental Obligations after giving effect to any applicable cure period or (ii) fails to observe or perform any other agreement contained in any agreement or instrument relating to that debt that is a default (other than a failure to pay specified in clause (i) of this paragraph) and such default continues after the applicable grace or cure period, if any, specified in such agreement or instrument, if the effect of the failure specified in clause (i) or (ii) is to accelerate the maturity of that debt and such debt is not reinstated within seven (7) days after Lessee’s receipt of written notice from Lessor of such acceleration; or (j) A “failure is given to Lessee Event of Default” and a reasonable period for cure thereafter has occurred under the Pipeline System Leaselapsed.

Appears in 1 contract

Samples: Asset Purchase Agreement (International Wire Group Inc)

Lessee Events of Default. Each The occurrence of any one or more of the following shall be events shall, at Lessor’s option, constitute an event of default under this Lease (each, a Lessee Event of Default”):: (a) The abandonment of the Premises or the vacating of the Premises without apparent intent to return and without (i) providing a reasonable level of security to minimize potential vandalism, or (ii) continuing to satisfy all of Lessee’s financial and other obligations under this Lease; (b) The failure of Lessee fails to make any payment of Base Rent when due; provided, however, that Lessor will give Lessee written notice and an opportunity to cure any failure to pay Rent within ten (10) days of any such notice not more than twice in any twelve (12) month period; (c) The failure to provide reasonable evidence of insurance or Variable Rentsurety bond, as the case may beor to fulfill any other obligation under this Lease which endangers or threatens life or property, when due and where such failure continues for three a period of four (34) Business Days after business days following written notice to Lessee. (d) The failure by Lessee to provide (i) reasonable written evidence of compliance with Applicable Requirements if written evidence of the same is in Lessee’s receipt of written notice from Lessor of such failure; possession or control or (b) Lessee fails to make any Additional Rent (other than a , if the same is not in Lessee’s possession or control, Lessee’s failure to pay Base Rent use commercially reasonable efforts to obtain such evidence promptly after request by Lessor, (ii) the rescission of an unauthorized assignment or Variable Rent subletting, (iii) an Estoppel Certificate within the time period provided for in Paragraph 16(a), (iv) an Assignment LOC or replacement Assignment LOC if (and except for such payments as when) required under this Lease, (v) a requested subordination, (vi) evidence concerning any guaranty, (vii) any document requested under Paragraph 42 (easements), or (viii) any other documentation or information which Lessor may reasonably require of Lessee is contesting in good faith or pursuant to a Tax Challenge or a Permitted Lessee Contest) and under the terms of this Lease, where any such failure continues for seven a period of ten (710) Business Days after Lessee’s receipt of days following written notice of such failure from Lessor; orto Lessee. (ce) The failure of Lessee to perform any representation and warranty made by Lessee under this Lease is false at of the time made and whichterms, individually covenants, conditions or in the aggregate with respect to each other such false representation or warranty, is material; or (d) Lessee makes or permits a Lease Assignment or a Sublease in violation of Article XVII provisions of this Lease, and fails to unwind or terminate such Lease Assignment of the rules adopted under Paragraph 40 hereof, other than those described in subparagraph 13.1(a), (b), (c) or Sublease within sixty (60d) days after Lessee’s receipt of written notice from Lessor of such breach; or (e) Lessee fails to maintain insurance on the Leased Property in compliance with this Leaseabove, and where such failure continues for five a period of thirty (5) Business Days after Lessee’s receipt of written notice of such failure from Lessor; or (f) Lessee fails to maintain the Terminal System in Good Condition and Repair and that failure continues for five (5) Business Days after Lessee’s receipt of written notice thereof from Lessor (g) Lessee fails to observe or perform any other covenant of Lessee under this Lease and that failure continues for fifteen (1530) days after written notice (unless a shorter cure period is provided for elsewhere in this Lease); provided, however, that if the nature of Lessee’s receipt of written notice of default is such that breach from Lessor (or if the cure of that failure reasonably requires more than fifteen thirty (1530) days are reasonably required for its cure, then it shall not be deemed to complete, be a default if Lessee fails to commence the commences such cure within such fifteen said thirty (1530) day period and thereafter diligently pursue prosecutes such cure to completion); or. (hf) The occurrence of any of the following events: (i) the filing by making of any general arrangement or against Lessee assignment for the benefit of creditors; (ii) becoming a “debtor” as defined in 11 U.S.C. § 101 or Lessee Guarantor of a petition for relief under any Debtor Relief Laws successor statute thereto (unless, in the case of a petition filed against Lessee or Lessee GuarantorLessee, the same is dismissed within ninety sixty (9060) days after filingdays), or ; (iii) the appointment of a trustee or receiver to take possession of all, or substantially all, all of Lessee’s assets located at the Premises or of Lessee’s interest in this Lease, where possession is not restored to Lessee Guarantorwithin thirty (30) days; or (iv) the attachment, execution or other judicial seizure of substantially all of Lessee’s assets located at the Premises or of Lessee’s interest in this Lease, where such appointment seizure is not discharged within thirty (30) days; provided, however, in ninety the event that any provision of this subparagraph (90e) days after appointment of said trustee or receiver, or the voluntary filing of a petition for the appointment of the same; or (i) Lessee or Lessee Guarantor (i) fails to make any payment of principal or interest with respect to any debt after giving effect is contrary to any applicable cure period law, such provision shall be of no force or (ii) fails to observe or perform any other agreement contained in any agreement or instrument relating to that debt that is a default (other than a failure to pay specified in clause (i) of this paragraph) effect, and such default continues after not affect the applicable grace or cure period, if any, specified in such agreement or instrument, if the effect validity of the failure specified in clause (i) or (ii) is to accelerate the maturity of that debt and such debt is not reinstated within seven (7) days after Lessee’s receipt of written notice from Lessor of such acceleration; orremaining provisions. (jg) A “The discovery that any financial statement of Lessee Event of Default” has occurred under the Pipeline System Leasegiven to Lessor was materially false.

Appears in 1 contract

Samples: Industrial Lease (Leapfrog Enterprises Inc)

Lessee Events of Default. Each The occurrence of any of the ------------------------ following acts, events or conditions, regardless of the pendency of any proceeding which has or might have the effect of preventing LESSEE from complying with the terms, conditions or covenants of this Lease, shall be constitute an event of default under this Lease (each, a “Lessee "Event of Default”):" under this Lease: (a) Lessee LESSEE fails to make any payment of Base Rent or Variable Rent, as Additional Rental within ten (10) days of the case may be, when due and date LESSEE received from LESSOR written notice of such failure continues for three (3) Business Days after Lessee’s receipt of written notice from Lessor of such failureto pay; or (b) Lessee LESSEE fails or refuses to make fulfill or perform any Additional Rent (other than a failure to pay Base Rent covenant, agreement or Variable Rent and except for such payments as Lessee is contesting in good faith or pursuant to a Tax Challenge or a Permitted Lessee Contest) obligation of LESSEE hereunder and such failure continues or refusal shall continue for seven a period of thirty (730) Business Days consecutive calendar days from and after Lessee’s receipt of the date upon which LESSEE receives from LESSOR written notice of such failure from Lessordefault unless correction is commenced within such period and thereafter diligently pursued; or (c) The estate or interest of LESSEE in the Premises, or any representation and warranty made by Lessee under portion thereof, or in this Lease is false at levied upon or attached in any proceedings and such process is not vacated, discharged or bonded over within thirty (30) days after the time made and which, individually date of such levy or in the aggregate with respect to each other such false representation or warranty, is materialattachment; or (d) Lessee makes There is any entry of a decree or permits order for relief by a Lease Assignment court having jurisdiction in the Premises in respect of LESSEE in an involuntary case under the federal bankruptcy laws, as now or hereafter constituted, or any other applicable federal or state bankruptcy, insolvency or other similar law, or appointing a Sublease receiver, liquidator, assignee, custodian, trustee, sequestrator (or similar official) of LESSEE or for any substantial part of its property, or ordering the winding-up or liquidation of its affairs and the continuance of any such decree or order unstayed and in violation effect for a period of Article XVII of this Lease, and fails to unwind or terminate such Lease Assignment or Sublease within sixty (60) days after Lessee’s receipt of written notice from Lessor of such breachconsecutive days; or (e) Lessee fails to maintain insurance on There is commencement by LESSEE of a voluntary case under the Leased Property in compliance with this Leasefederal bankruptcy laws, and such failure continues for five (5) Business Days after Lessee’s receipt of written notice of such failure from Lessor; or (f) Lessee fails to maintain the Terminal System in Good Condition and Repair and that failure continues for five (5) Business Days after Lessee’s receipt of written notice thereof from Lessor (g) Lessee fails to observe as now constituted or perform hereafter amended, or any other covenant of Lessee under this Lease and that failure continues for fifteen (15) days after Lessee’s receipt of written notice of that breach from Lessor (applicable federal or if the cure of that failure reasonably requires more than fifteen (15) days to completestate bankruptcy, if Lessee fails to commence the cure within such fifteen (15) day period and thereafter diligently pursue such cure to completion); or (h) the filing by insolvency or against Lessee or Lessee Guarantor of a petition for relief under any Debtor Relief Laws (unless, in the case of a petition filed against Lessee or Lessee Guarantor, the same is dismissed within ninety (90) days after filing)other similar law, or the consent by it to the appointment of or taking possession by a trustee receiver, liquidator, assignee, trustee, custodian, sequestrator (or receiver to take possession other similar official) of all, LESSEE or substantially all, for any substantial part of Lessee’s or Lessee Guarantor’s assets or of Lessee’s interest in this Lease, where such appointment is not discharged in ninety (90) days after appointment of said trustee or receiverits property, or the voluntary filing making by it of a petition any assignment for the appointment benefit of creditors, or the failure of LESSEE generally to pay its debts as such debts become due, or the taking of corporate action by LESSEE in furtherance of any of the same; or (i) Lessee or Lessee Guarantor (i) fails to make any payment of principal or interest with respect to any debt after giving effect to any applicable cure period or (ii) fails to observe or perform any other agreement contained in any agreement or instrument relating to that debt that is a default (other than a failure to pay specified in clause (i) of this paragraph) and such default continues after the applicable grace or cure period, if any, specified in such agreement or instrument, if the effect of the failure specified in clause (i) or (ii) is to accelerate the maturity of that debt and such debt is not reinstated within seven (7) days after Lessee’s receipt of written notice from Lessor of such acceleration; or (j) A “Lessee Event of Default” has occurred under the Pipeline System Leaseforegoing.

Appears in 1 contract

Samples: Space Lease (Equifax Inc)

Lessee Events of Default. Each The following events shall constitute Lessee Events of the following shall be an event of default under this Lease Default (each, each a "Lessee Event of Default”):") (whether any such event shall be voluntary or involuntary or come about or be effected by operation of law or pursuant to or in compliance with any judgment, decree or order of any court or any order, rule or regulation of any Governmental Authority) and each such Lessee Event of Default shall be deemed to exist and continue so long as, but only as long as, it shall not have been remedied or waived by Lessor in writing: (a) Lessee fails shall fail to make any payment of Base Basic Rent or Variable RentSupplemental Rent due pursuant to Exhibit E hereto, as the case may be, and when due and such failure continues for three or shall fail to make any other payment of Supplemental Rent within five (35) Business Days after Lessee’s receipt delivery to Lessee of written notice from Lessor of such failurethat the amount shall have become due hereunder; or (b) Lessee fails shall fail to make procure, carry and maintain any Additional Rent insurance required by Section 9 hereof; PROVIDED that in the case of insurance with respect to which cancellation, change or lapse for nonpayment of premium shall not be effective as to Lessor for 30 days (five days in the case of any war risk and allied perils coverage, or if shorter, such other than a period as may be customary in the industry for such notice of cancellation) after receipt of notice by Lessor of such cancellation, change or lapse, no such failure to pay Base Rent carry and maintain insurance shall constitute a Lessee Event of Default hereunder until the earlier of (i) the date such insurance is no longer in effect as to Lessor, or Variable Rent (ii) the date such failure shall have continued unremedied for a period of 20 days (five days in the case of any war risk and except allied perils coverage, or if shorter, such other period as may be customary in the industry for such payments as Lessee is contesting in good faith or pursuant to a Tax Challenge or a Permitted Lessee Contest) and such failure continues for seven (7) Business Days after Lessee’s receipt of written notice of such failure from Lessorcancellation) after receipt by Lessor of the notice of cancellation, change or lapse; or (c) any representation and warranty made by Lessee shall fail to perform or observe, breach or be in default under this Lease is false at the time made and whichSections 5, individually 7(c), 10(c), or in the aggregate with respect to each other such false representation or warranty, is material11 hereof; or (d) Lessee makes shall fail to perform or permits observe, breach or be in default under any other covenant, condition or agreement to be performed or observed by it hereunder and such failure shall continue unremedied for a Lease Assignment or a Sublease in violation period of Article XVII of this Lease, and fails to unwind or terminate such Lease Assignment or Sublease within sixty thirty (6030) days Business Days after Lessee’s receipt of written notice from Lessor of such breachthereof by Lessor; or (e) any material representation or warranty made by Lessee fails herein or in any document or certificate furnished by Lessee in connection herewith or pursuant hereto shall prove to maintain insurance on the Leased Property have been incorrect in compliance with this Lease, and such failure continues for five (5) Business Days after Lessee’s receipt of written notice of such failure from Lessorany material respect when made; or (f) Lessee fails shall fail to maintain pay any sums which are or become due and owing under any Interim Aircraft Lease Agreement, the Terminal System Interim Aircraft Maintenance Agreement, the Long-Term Lease Agreement, the July Lease Agreement or the November Lease Agreement or shall fail to perform under any indemnification obligations contained in Good Condition and Repair and that failure continues for five (5) Business Days after Lessee’s receipt of written notice thereof from Lessorany Interim Aircraft Lease Agreement, the Long-Term Lease Agreement, the 160 Lease Agreement, the 161 Lease Agreement, the 125 Lease Agreement, the 171 Lease Agreement or the Interim Aircraft Maintenance Agreement; or (g) Lessee fails to observe or perform any other covenant of Lessee under this Lease and that failure continues for fifteen (15) days after Lessee’s receipt of written notice of that breach from Lessor (or if the cure of that failure reasonably requires more than fifteen (15) days to complete, if Lessee fails to commence the cure within such fifteen (15) day period and thereafter diligently pursue such cure to completion)Reserved; or (h) the filing by or against Lessee or Lessee Guarantor of a petition for relief under any Debtor Relief Laws (unless, in the case of a petition filed against Lessee or Lessee Guarantor, the same is dismissed within ninety (90) days after filing), or the appointment of a trustee or receiver to take possession of all, all or substantially all, all of Lessee’s or Lessee Guarantor’s assets or of Lessee’s interest in this Lease, where such appointment is not discharged in ninety (90) days after appointment of said trustee or receiver, or the voluntary filing of a petition 's airline operations are suspended for the appointment of the samemore than two days; or (i) Lessee shall consent to the appointment of a custodian, receiver, trustee or liquidator (or other similar official) of itself or of a substantial part of its property, or Lessee Guarantor shall be unable to pay its debts generally as they become due, or shall make a general assignment for the benefit of creditors, or Lessee shall file a voluntary petition in bankruptcy or a voluntary petition or an answer seeking reorganization in a proceeding under any bankruptcy law (ias now or hereafter in effect) fails to make or an answer admitting the material allegations of a petition filed against Lessee in any payment such proceeding, or Lessee by voluntary petition, answer or consent shall seek relief as debtor under the provisions of principal or interest with respect to any debt after giving effect to any applicable cure period or (ii) fails to observe or perform any other agreement contained in present or future bankruptcy or other similar law providing for the reorganization or winding-up of corporations, or providing for an agreement, composition, extension or adjustment with its creditors or Lessee shall take any agreement or instrument relating corporate action to that debt that is a default (other than a failure to pay specified in clause (i) of this paragraph) and such default continues after the applicable grace or cure period, if any, specified in such agreement or instrument, if the effect authorize any of the failure specified in clause (i) or (ii) is to accelerate the maturity of that debt and such debt is not reinstated within seven (7) days after Lessee’s receipt of written notice from Lessor of such accelerationforegoing; or (j) A “a petition against Lessee Event in a proceeding under any bankruptcy or other insolvency law (as now or hereafter in effect) shall be filed, and any decree or order adjudging Lessee a bankrupt or insolvent in such proceeding shall remain in force undismissed and unstayed for a period of Default” has occurred sixty (60) days after such adjudication or, in case the approval of such petition by a court of competent jurisdiction is required, the petition as filed or amended shall be approved by such a court as properly filed and such approval shall not be withdrawn and the proceeding shall not be dismissed within sixty (60) days thereafter, or if, under the Pipeline System Leaseprovisions of any law providing for reorganization or winding-up of corporations which may apply to Lessee, any court of competent jurisdiction shall enter an order or decree assuming custody or control of Lessee or of any substantial part of its property and such custody or control remains in force unrelinquished, unstayed and unterminated for a period of thirty (30) days; or (k) obligations of Lessee for the payment of borrowed money shall not be paid when the same become due after the expiration of any applicable grace period, if the effect of such default is to cause obligations in excess of $20,000,000 to be accelerated or otherwise declared to be due and unpaid prior to their stated maturity.

Appears in 1 contract

Samples: Aircraft Lease Agreement (Hawaiian Airlines Inc/Hi)

Lessee Events of Default. Each The following events shall constitute Lessee Events of the following shall be an event of default under this Lease Default (each, each a "Lessee Event of Default”):") (whether any such event shall be voluntary or involuntary or come about or be effected by operation of law or pursuant to or in compliance with any judgment, decree or order of any court or any order, rule or regulation of any Governmental Authority) and each such Lessee Event of Default shall be deemed to exist and continue so long as, but only as long as, it shall not have been remedied or waived by Lessor in writing: (a) Lessee fails shall fail to make any payment of Base Basic Rent or Variable RentSupplemental Rent due pursuant to Exhibit E hereto, as the case may be, and when due and such failure continues for three or shall fail to make any other payment of Supplemental Rent within five (35) Business Days after Lessee’s receipt delivery to Lessee of written notice from Lessor of such failurethat the amount shall have become due hereunder; or (b) Lessee fails shall fail to make procure, carry and maintain any Additional Rent insurance required by Section 9 hereof; provided that in the case of insurance with respect to which cancellation, change or lapse for nonpayment of premium shall not be effective as to Lessor for 30 days (five days in the case of any war risk and allied perils coverage, or if shorter, such other than a period as may be customary in the industry for such notice of cancellation) after receipt of notice by Lessor of such cancellation, change or lapse, no such failure to pay Base Rent carry and maintain insurance shall constitute a Lessee Event of Default hereunder until the earlier of (i) the date such insurance is no longer in effect as to Lessor, or Variable Rent (ii) the date such failure shall have continued unremedied for a period of 20 days (five days in the case of any war risk and except allied perils coverage, or if shorter, such other period as may be customary in the industry for such payments as Lessee is contesting in good faith or pursuant to a Tax Challenge or a Permitted Lessee Contest) and such failure continues for seven (7) Business Days after Lessee’s receipt of written notice of such failure from Lessorcancellation) after receipt by Lessor of the notice of cancellation, change or lapse; or (c) any representation and warranty made by Lessee shall fail to perform or observe, breach or be in default under this Lease is false at the time made and whichSections 5, individually 7(c), 10(c), or in the aggregate with respect to each other such false representation or warranty, is material11 hereof; or (d) Lessee makes shall fail to perform or permits observe, breach or be in default under any other covenant, condition or agreement to be performed or observed by it hereunder and such failure shall continue unremedied for a Lease Assignment or a Sublease in violation period of Article XVII of this Lease, and fails to unwind or terminate such Lease Assignment or Sublease within sixty thirty (6030) days Business Days after Lessee’s receipt of written notice from Lessor of such breachthereof by Lessor; or (e) any material representation or warranty made by Lessee fails herein or in any document or certificate furnished by Lessee in connection herewith or pursuant hereto shall prove to maintain insurance on the Leased Property have been incorrect in compliance with this Lease, and such failure continues for five (5) Business Days after Lessee’s receipt of written notice of such failure from Lessorany material respect when made; or (f) Lessee fails shall fail to maintain pay any sums which are or become due and owing under any Interim Aircraft Lease Agreement, the Terminal System Interim Aircraft Maintenance Agreement, the Long-Term Lease Agreement, the July Lease Agreement or the November Lease Agreement or shall fail to perform under any indemnification obligations contained in Good Condition and Repair and that failure continues for five (5) Business Days after Lessee’s receipt of written notice thereof from Lessorany Interim Aircraft Lease Agreement, the Long-Term Lease Agreement, the 151 Lease Agreement, the 161 Lease Agreement, the 162 Lease Agreement, the 171 Lease Agreement or the Interim Aircraft Maintenance Agreement; or (g) Lessee fails to observe or perform any other covenant of Lessee under this Lease and that failure continues for fifteen (15) days after Lessee’s receipt of written notice of that breach from Lessor (or if the cure of that failure reasonably requires more than fifteen (15) days to complete, if Lessee fails to commence the cure within such fifteen (15) day period and thereafter diligently pursue such cure to completion)Reserved; or (h) the filing by or against Lessee or Lessee Guarantor of a petition for relief under any Debtor Relief Laws (unless, in the case of a petition filed against Lessee or Lessee Guarantor, the same is dismissed within ninety (90) days after filing), or the appointment of a trustee or receiver to take possession of all, all or substantially all, all of Lessee’s or Lessee Guarantor’s assets or of Lessee’s interest in this Lease, where such appointment is not discharged in ninety (90) days after appointment of said trustee or receiver, or the voluntary filing of a petition 's airline operations are suspended for the appointment of the samemore than two days; or (i) Lessee shall consent to the appointment of a custodian, receiver, trustee or liquidator (or other similar official) of itself or of a substantial part of its property, or Lessee Guarantor shall be unable to pay its debts generally as they become due, or shall make a general assignment for the benefit of creditors, or Lessee shall file a voluntary petition in bankruptcy or a voluntary petition or an answer seeking reorganization in a proceeding under any bankruptcy law (ias now or hereafter in effect) fails to make or an answer admitting the material allegations of a petition filed against Lessee in any payment such proceeding, or Lessee by voluntary petition, answer or consent shall seek relief as debtor under the provisions of principal or interest with respect to any debt after giving effect to any applicable cure period or (ii) fails to observe or perform any other agreement contained in present or future bankruptcy or other similar law providing for the reorganization or winding-up of corporations, or providing for an agreement, composition, extension or adjustment with its creditors or Lessee shall take any agreement or instrument relating corporate action to that debt that is a default (other than a failure to pay specified in clause (i) of this paragraph) and such default continues after the applicable grace or cure period, if any, specified in such agreement or instrument, if the effect authorize any of the failure specified in clause (i) or (ii) is to accelerate the maturity of that debt and such debt is not reinstated within seven (7) days after Lessee’s receipt of written notice from Lessor of such accelerationforegoing; or (j) A “a petition against Lessee Event in a proceeding under any bankruptcy or other insolvency law (as now or hereafter in effect) shall be filed, and any decree or order adjudging Lessee a bankrupt or insolvent in such proceeding shall remain in force undismissed and unstayed for a period of Default” has occurred sixty (60) days after such adjudication or, in case the approval of such petition by a court of competent jurisdiction is required, the petition as filed or amended shall be approved by such a court as properly filed and such approval shall not be withdrawn and the proceeding shall not be dismissed within sixty (60) days thereafter, or if, under the Pipeline System Leaseprovisions of any law providing for reorganization or winding-up of corporations which may apply to Lessee, any court of competent jurisdiction shall enter an order or decree assuming custody or control of Lessee or of any substantial part of its property and such custody or control remains in force unrelinquished, unstayed and unterminated for a period of thirty (30) days; or (k) obligations of Lessee for the payment of borrowed money shall not be paid when the same become due after the expiration of any applicable grace period, if the effect of such default is to cause obligations in excess of $20,000,000 to be accelerated or otherwise declared to be due and unpaid prior to their stated maturity.

Appears in 1 contract

Samples: Aircraft Lease Agreement (Hawaiian Airlines Inc/Hi)

Lessee Events of Default. Each The following events shall constitute Lessee Events of the following shall be an event of default under this Lease Default (each, each a "Lessee Event of Default”):") (whether any such event shall be voluntary or involuntary or come about or be effected by operation of law or pursuant to or in compliance with any judgment, decree or order of any court or any order, rule or regulation of any Governmental Authority) and each such Lessee Event of Default shall be deemed to exist and continue so long as, but only as long as, it shall not have been remedied or waived by Lessor in writing: (a) Lessee fails shall fail to make any payment of Base Basic Rent or Variable RentSupplemental Rent due pursuant to Exhibit E hereto, as the case may be, and when due and such failure continues for three or shall fail to make any other payment of Supplemental Rent within five (35) Business Days after Lessee’s receipt delivery to Lessee of written notice from Lessor of such failurethat the amount shall have become due hereunder; or (b) Lessee fails shall fail to make procure, carry and maintain any Additional Rent insurance required by Section 9 hereof; PROVIDED that in the case of insurance with respect to which cancellation, change or lapse for nonpayment of premium shall not be effective as to Lessor for 30 days (five days in the case of any war risk and allied perils coverage, or if shorter, such other than a period as may be customary in the industry for such notice of cancellation) after receipt of notice by Lessor of such cancellation, change or lapse, no such failure to pay Base Rent carry and maintain insurance shall constitute a Lessee Event of Default hereunder until the earlier of (i) the date such insurance is no longer in effect as to Lessor, or Variable Rent (ii) the date such failure shall have continued unremedied for a period of 20 days (five days in the case of any war risk and except allied perils coverage, or if shorter, such other period as may be customary in the industry for such payments as Lessee is contesting in good faith or pursuant to a Tax Challenge or a Permitted Lessee Contest) and such failure continues for seven (7) Business Days after Lessee’s receipt of written notice of such failure from Lessorcancellation) after receipt by Lessor of the notice of cancellation, change or lapse; or (c) any representation and warranty made by Lessee shall fail to perform or observe, breach or be in default under this Lease is false at the time made and whichSections 5, individually 7(c), 10(c), or in the aggregate with respect to each other such false representation or warranty, is material11 hereof; or (d) Lessee makes shall fail to perform or permits observe, breach or be in default under any other covenant, condition or agreement to be performed or observed by it hereunder and such failure shall continue unremedied for a Lease Assignment or a Sublease in violation period of Article XVII of this Lease, and fails to unwind or terminate such Lease Assignment or Sublease within sixty thirty (6030) days Business Days after Lessee’s receipt of written notice from Lessor of such breachthereof by Lessor; or (e) any material representation or warranty made by Lessee fails herein or in any document or certificate furnished by Lessee in connection herewith or pursuant hereto shall prove to maintain insurance on the Leased Property have been incorrect in compliance with this Lease, and such failure continues for five (5) Business Days after Lessee’s receipt of written notice of such failure from Lessorany material respect when made; or (f) Lessee fails shall fail to maintain pay any sums which are or become due and owing under any Interim Aircraft Lease Agreement, the Terminal System Interim Aircraft Maintenance Agreement, the Long-Term Lease Agreement, the July Lease Agreement or the November Lease Agreement or shall fail to perform under any indemnification obligations contained in Good Condition and Repair and that failure continues for five (5) Business Days after Lessee’s receipt of written notice thereof from Lessorany Interim Aircraft Lease Agreement, the Long-Term Lease Agreement, the 151 Lease Agreement, the 161 Lease Agreement, the 171 Lease Agreement or the Interim Aircraft Maintenance Agreement; or (g) Lessee fails So long as the AA Note shall not have been paid in full, an Event of Default or Termination Event (as defined therein, respectively) exists under the AA Mortgage, the AA Note or any of the American Agreements or an event that permits American, pursuant to observe or perform any other covenant Section 11 of Lessee under this Lease and that failure continues for fifteen (15) days after Lessee’s receipt of written notice of that breach from Lessor (or if the cure of that failure reasonably requires more than fifteen (15) days AAdvantage Agreement, to complete, if Lessee fails to commence terminate the cure within such fifteen (15) day period and thereafter diligently pursue such cure to completion)AAdvantage Agreement exists; or (h) the filing by or against Lessee or Lessee Guarantor of a petition for relief under any Debtor Relief Laws (unless, in the case of a petition filed against Lessee or Lessee Guarantor, the same is dismissed within ninety (90) days after filing), or the appointment of a trustee or receiver to take possession of all, all or substantially all, all of Lessee’s or Lessee Guarantor’s assets or of Lessee’s interest in this Lease, where such appointment is not discharged in ninety (90) days after appointment of said trustee or receiver, or the voluntary filing of a petition 's airline operations are suspended for the appointment of the samemore than two days; or (i) Lessee shall consent to the appointment of a custodian, receiver, trustee or liquidator (or other similar official) of itself or of a substantial part of its property, or Lessee Guarantor shall be unable to pay its debts generally as they become due, or shall make a general assignment for the benefit of creditors, or Lessee shall file a voluntary petition in bankruptcy or a voluntary petition or an answer seeking reorganization in a proceeding under any bankruptcy law (ias now or hereafter in effect) fails to make or an answer admitting the material allegations of a petition filed against Lessee in any payment such proceeding, or Lessee by voluntary petition, answer or consent shall seek relief as debtor under the provisions of principal or interest with respect to any debt after giving effect to any applicable cure period or (ii) fails to observe or perform any other agreement contained in present or future bankruptcy or other similar law providing for the reorganization or winding-up of corporations, or providing for an agreement, composition, extension or adjustment with its creditors or Lessee shall take any agreement or instrument relating corporate action to that debt that is a default (other than a failure to pay specified in clause (i) of this paragraph) and such default continues after the applicable grace or cure period, if any, specified in such agreement or instrument, if the effect authorize any of the failure specified in clause (i) or (ii) is to accelerate the maturity of that debt and such debt is not reinstated within seven (7) days after Lessee’s receipt of written notice from Lessor of such accelerationforegoing; or (j) A “a petition against Lessee Event in a proceeding under any bankruptcy or other insolvency law (as now or hereafter in effect) shall be filed, and any decree or order adjudging Lessee a bankrupt or insolvent in such proceeding shall remain in force undismissed and unstayed for a period of Default” has occurred sixty (60) days after such adjudication or, in case the approval of such petition by a court of competent jurisdiction is required, the petition as filed or amended shall be approved by such a court as properly filed and such approval shall not be withdrawn and the proceeding shall not be dismissed within sixty (60) days thereafter, or if, under the Pipeline System Leaseprovisions of any law providing for reorganization or winding-up of corporations which may apply to Lessee, any court of competent jurisdiction shall enter an order or decree assuming custody or control of Lessee or of any substantial part of its property and such custody or control remains in force unrelinquished, unstayed and unterminated for a period of thirty (30) days; or (k) obligations of Lessee for the payment of borrowed money shall not be paid when the same become due after the expiration of any applicable grace period, if the effect of such default is to cause obligations in excess of $20,000,000 to be accelerated or otherwise declared to be due and unpaid prior to their stated maturity.

Appears in 1 contract

Samples: Aircraft Lease Agreement (Hawaiian Airlines Inc/Hi)

Lessee Events of Default. Each of the following shall be an event Event of default under this Lease Default by Lessee (each, a “Lessee Event of Default”):) under the terms of this Equipment Lease: (a) 1. failure by Lessee fails to make any Equipment Rent payment of Base Rent or Variable Rent, as to Lessor on any date on which the case may be, when same is due and such failure continues for three (3) Business Days after Lessee’s receipt of written notice from Lessor of such failure; or (b) Lessee fails to make any Additional Rent (other than a failure to pay Base Rent or Variable Rent and except for such payments as Lessee is contesting in good faith or pursuant to a Tax Challenge or a Permitted Lessee Contest) and such failure continues for seven (7) Business Days after Lessee’s receipt of written notice of such failure from Lessor; or (c) any representation and warranty made by Lessee under this Lease is false at the time made and which, individually or in the aggregate with respect to each other such false representation or warranty, is material; or (d) Lessee makes or permits a Lease Assignment or a Sublease in violation of Article XVII of this Equipment Lease, and fails to unwind or terminate such Lease Assignment or Sublease within sixty (60) days after Lessee’s receipt of written notice from Lessor of such breach; or (e) Lessee fails to maintain insurance on the Leased Property in compliance with this Lease, and such failure continues for five (5) Business Days after Lessee’s receipt of written notice of such failure from Lessor; or (f) Lessee fails to maintain the Terminal System in Good Condition and Repair and that failure continues for five (5) Business Days after Lessee’s receipt of written notice thereof from Lessor (g) Lessee fails to observe or perform any other covenant of Lessee under this Lease and that failure continues for fifteen (15) days after Lessee’s receipt of written notice of that breach from Lessor (or if the cure of that failure reasonably requires more than fifteen (15) days to complete, if Lessee fails to commence the cure within such fifteen (15) day period and thereafter diligently pursue such cure to completion); or (h) the filing by or against Lessee or Lessee Guarantor of a petition for relief under any Debtor Relief Laws (unless, in the case of a petition filed against Lessee or Lessee Guarantor, the same is dismissed within ninety (90) days after filing), or the appointment of a trustee or receiver to take possession of all, or substantially all, of Lessee’s or Lessee Guarantor’s assets or of Lessee’s interest in this Lease, where such appointment is shall not discharged in ninety (90) days after appointment of said trustee or receiver, or the voluntary filing of a petition for the appointment of the same; or (i) Lessee or Lessee Guarantor (i) fails to make any payment of principal or interest with respect to any debt after giving effect to any applicable cure period or (ii) fails to observe or perform any other agreement contained in any agreement or instrument relating to that debt that is a default (other than a failure to pay specified in clause (i) of this paragraph) and such default continues after the applicable grace or cure period, if any, specified in such agreement or instrument, if the effect of the failure specified in clause (i) or (ii) is to accelerate the maturity of that debt and such debt is not reinstated be cured within seven (7) calendar days after Lessee’s receipt the date of written notice from Lessor to Lessee of such accelerationfailure; provided, however, that notwithstanding the foregoing, Lessee shall only be entitled to one (1) such cure period under this Paragraph VIII.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; 2. failure by Lessee to obtain and maintain all insurance as required under this Equipment Lease and/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 Paragraph VIII.A.2 in any five-year period, and that a Lessee Event of Default shall have occurred immediately upon Lessee’s second such failure and any subsequent such failures in any five-year period; 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 Lessee, and the continuance of any such decree or order unstayed and in effect for one hundred twenty (120) consecutive days; 4. commencement by Lessee of a voluntary case under the Federal Bankruptcy Code, as now or hereafter constituted; or 5. any failure by Lessee to comply with any of the obligations of this Equipment Lease (jother than those failures described in Paragraphs VIII.A.1 - VIII.A.4 above), if such failure is not cured within fifteen (15) A “calendar days after the date of written notice to Lessee Event of Default” has occurred under such Equipment Lease violation or such longer period of time as may reasonably be required for Lessee to cure the Pipeline System Leaseviolation, provided that Lessee pursues the cure of the violation with reasonable diligence.

Appears in 1 contract

Samples: Equipment Lease

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Lessee Events of Default. (a) Each of the following shall be an event Event of default under this Lease Default by Xxxxxx (each, a “Lessee Event of Default”):) under the terms of this Lease: (ai) failure by Lessee fails to make any payment of Base Rent or Variable RentLease Payment to Lessor on any date on which the same is due under this Lease, as and this failure shall not be cured within fifteen (15) business days after the case may be, when due and such failure continues for three (3) Business Days after Lessee’s receipt date of written notice from Lessor to Lessee of such failure; (ii) failure by Lessee 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; (iii) 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; (iv) commencement by Lessee of a voluntary case under the Federal Bankruptcy Code, as now or hereafter constituted; (v) any failure by Lessee to comply with any of the obligations of this Lease (other than those failures described in Sections 9.01(a)(i)-(iv)), if such failure is not cured within thirty (30) days after the date 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 violation, provided that Lessee pursues the cure of the violation with reasonable diligence; or (b) Lessee fails to make any Additional Rent (other than a failure to pay Base Rent or Variable Rent and except for such payments as Lessee is contesting in good faith or pursuant to a Tax Challenge or a Permitted Lessee Contest) and such failure continues for seven (7) Business Days after Lessee’s receipt of written notice of such failure from Lessor; or (c) any representation and warranty made by Lessee under this Lease is false at the time made and which, individually or in the aggregate with respect to each other such false representation or warranty, is material; or (d) Lessee makes or permits a Lease Assignment or a Sublease in violation of Article XVII of this Lease, and fails to unwind or terminate such Lease Assignment or Sublease within sixty (60) days after Lessee’s receipt of written notice from Lessor of such breach; or (e) Lessee fails to maintain insurance on the Leased Property in compliance with this Lease, and such failure continues for five (5) Business Days after Lessee’s receipt of written notice of such failure from Lessor; or (f) Lessee fails to maintain the Terminal System in Good Condition and Repair and that failure continues for five (5) Business Days after Lessee’s receipt of written notice thereof from Lessor (g) Lessee fails to observe or perform any other covenant of Lessee under this Lease and that failure continues for fifteen (15) days after Lessee’s receipt of written notice of that breach from Lessor (or if the cure of that failure reasonably requires more than fifteen (15) days to complete, if Lessee fails to commence the cure within such fifteen (15) day period and thereafter diligently pursue such cure to completion); or (hvi) the filing by or against Lessee or Lessee Guarantor occurrence of a petition for relief Terminating Event under any Debtor Relief Laws (unless, in the case of a petition filed against Lessee or Lessee Guarantor, the same is dismissed within ninety (90) days after filing), CEA or the appointment of a trustee or receiver to take possession of all, or substantially all, of Lessee’s or Lessee Guarantor’s assets or of Lessee’s interest in this Lease, where such appointment is not discharged in ninety (90) days after appointment of said trustee or receiver, or the voluntary filing of a petition for the appointment termination of the same; or (i) Lessee or Lessee Guarantor (i) fails to make any payment of principal or interest with respect to any debt after giving effect to any applicable cure period or (ii) fails to observe or perform any other agreement contained in any agreement or instrument relating to that debt that is a default (other than a failure to pay specified in clause (i) of this paragraph) and such default continues after the applicable grace or cure period, if any, specified in such agreement or instrument, if the effect of the failure specified in clause (i) or (ii) is to accelerate the maturity of that debt and such debt is not reinstated within seven (7) days after Lessee’s receipt of written notice from Lessor of such acceleration; or (j) A “Lessee Event of Default” has occurred under the Pipeline System Hospital Lease.

Appears in 1 contract

Samples: Equipment Lease Agreement

Lessee Events of Default. Each Any one or more of the following events shall constitute a breach of this Lease and, on occurrence thereof, Lessee shall be an event of default under this Lease (each, a “Lessee Event of Default”):in Default hereunder: (a) Whenever Lessee fails shall fail to make pay any payment installment of Base Rent or Variable Rent, as any other sum payable by Lessee to Lessor or any third party under this Lease on the case may be, when date upon Exhibit (10.5)-p6 Exhibit Section Exhibit (10.5) which the same is due to be paid and such failure continues for three shall continue to fifteen (315) Business Days days after Lessee’s receipt of Lessee shall have been given written notice from Lessor of such failure; orthereof; (b) Whenever Lessee fails shall fail to make keep, perform, or observe any Additional Rent (of the covenants, agreements, terms, or provisions contained in this Lease that are to be kept or performed by Lessee other than a failure with respect to pay Base payment of Rent or Variable Rent other liquidated sums of money, including the obligation to maintain the Premises and except for Lessee shall fail to commence and take such payments steps as are necessary to remedy the same within thirty (30) days after Lessee is contesting in good faith or pursuant to shall have been given a Tax Challenge or a Permitted Lessee Contest) and such failure continues for seven (7) Business Days after Lessee’s receipt of written notice of such failure from Lessor; orspecifying the same, or having so commenced, shall thereafter fail to proceed diligently and with continuity to remedy the same; (c) any representation and warranty made by Whenever an involuntary petition shall be filed against Lessee under this Lease is false at any bankruptcy or insolvency law or under the time made and which, individually or in the aggregate with respect to each other such false representation or warranty, is material; or (d) Lessee makes or permits a Lease Assignment reorganization provisions of any law of like import or a Sublease in violation receiver of Article XVII Lessee, or for all or substantially all of this Leasethe property of Lessee shall be appointed without acquiescence, and fails to unwind such petition or terminate such Lease Assignment or Sublease appointment is not discharged within sixty (60) days after Lessee’s receipt of written notice from Lessor the happening of such breachevent; or (ed) Whenever Lessee fails to maintain insurance on the Leased Property in compliance with this Leaseshall be dissolved or liquidated, and such failure continues for five (5) Business Days after Lessee’s receipt of written notice of such failure from Lessor; or (f) or whenever Lessee fails to maintain the Terminal System in Good Condition and Repair and that failure continues for five (5) Business Days after Lessee’s receipt of written notice thereof from Lessor (g) Lessee fails to observe or perform any other covenant of Lessee under this Lease and that failure continues for fifteen (15) days after Lessee’s receipt of written notice of that breach from Lessor (or if the cure of that failure reasonably requires more than fifteen (15) days to complete, if Lessee fails to commence the cure within such fifteen (15) day period and thereafter diligently pursue such cure to completion); or (h) the filing by or against Lessee or Lessee Guarantor of shall file a voluntary petition for relief under any Debtor Relief Laws (unlessbankruptcy or insolvency law or under the reorganization provisions of any law of like import, in the case of a petition filed against or whenever Lessee or Lessee Guarantor, the same is dismissed shall fail within ninety (90) days after filing)to lift any execution, garnishment, or attachment of such consequence as will impair Lessee's ability to carry o its operations at the appointment of a trustee or receiver to take possession of allPremises, or substantially all, whenever Lessee shall make a general assignment for the benefit of Lessee’s or Lessee Guarantor’s assets or of Lessee’s interest in this Lease, where such appointment is not discharged in ninety (90) days after appointment of said trustee or receiverits creditors, or the voluntary filing shall enter into an agreement of a petition composition with its creditors or whenever an Order for the appointment of the same; or (i) Lessee or Lessee Guarantor (i) fails to make any payment of principal or interest Relief shall be granted with respect to any debt after giving effect such party pursuant to any applicable cure period Title 11 of the United States Code or (ii) fails to observe or perform whenever such party shall seek relief under any other agreement contained in any agreement or instrument relating to that debt that is a default (other than a failure to pay specified in clause (i) law for the benefit of this paragraph) and such default continues after the applicable grace or cure period, if any, specified in such agreement or instrument, if the effect of the failure specified in clause (i) or (ii) is to accelerate the maturity of that debt and such debt is not reinstated within seven (7) days after Lessee’s receipt of written notice from Lessor of such acceleration; or (j) A “Lessee Event of Default” has occurred under the Pipeline System Leasedebtors.

Appears in 1 contract

Samples: Lease Agreement (Champion Industries Inc)

Lessee Events of Default. Each of the following shall be an event of default under this Lease (each, subject to the additional notice and cure provisions of Section 17.3, a “Lessee Event of Default”): (a) Lessee fails to make any payment of Base Rent or Variable Rent, as the case may be, when due and such failure continues for three five (35) Business Days after Lessee’s receipt of written notice from Lessor of such failure; or (b) Lessee fails to make any Additional Rent (other than a failure to pay Base Rent or Variable Rent and except for such payments as Lessee is contesting in good faith or pursuant to a Tax Challenge or a Permitted Lessee Contest) and such failure continues for seven fifteen (715) Business Days after Lessee’s receipt of written notice of such failure from Lessor; or (c) any representation and warranty made by Lessee under this Lease is false at the time made and which, individually or in the aggregate with respect to each other such false representation or warranty, is material; or (d) Lessee makes or permits a Lease Assignment or a Sublease in violation of Article XVII of this Lease, and with respect to a Lease Assignment or Sublease to or with an Affiliate of Lessee, Lessee fails to unwind or terminate such Lease Assignment or Sublease within sixty (60) days after Lessee’s receipt of written notice from Lessor of such breach; or (e) Lessee fails to maintain property insurance on the Leased Property in material compliance with this Lease, and such failure continues for five fifteen (515) Business Days after Lessee’s receipt of written notice of such failure from Lessor; or (f) Lessee fails to maintain the Terminal System in Good Condition and Repair and that failure continues for five (5) Business Days after Lessee’s receipt of written notice thereof from Lessor (g) Lessee fails to observe or perform any other covenant of Lessee under this Lease and that failure continues for fifteen sixty (1560) days after Lessee’s receipt of written notice of that breach from Lessor (or if the cure of that failure reasonably requires more than fifteen sixty (1560) days to complete, if Lessee fails to commence the cure within such fifteen sixty (1560) day period and thereafter diligently pursue such cure to completion), but with respect to the foregoing, no such uncured failure shall constitute a Lessee Event of Default unless individually or in the aggregate with each other such uncured failure, such failure is material; or (hg) the filing by or against Lessee or Lessee Guarantor of a petition for relief under any Debtor Relief Laws (unless, in the case of a petition filed against Lessee or Lessee Guarantor, the same is dismissed within ninety (90) days after filing), or the appointment of a trustee or receiver to take possession of all, or substantially all, of Lessee’s or Lessee Guarantor’s assets or of Lessee’s interest in this Lease, where such appointment is not discharged in ninety (90) days after appointment of said trustee or receiver, or the voluntary filing of a petition for the appointment of the same; or (ih) Lessee or Lessee Guarantor (i) fails to make any payment of principal or interest with respect to any debt Material Debt after giving effect to any applicable cure period or (ii) fails to observe or perform any other agreement contained in any agreement or instrument relating to that debt Material Debt that is a default (other than a failure to pay specified in clause subsection (i) of this paragraph) and such default continues after the applicable grace or cure period, if any, specified in such agreement or instrument, if the effect of the failure specified in clause subsection (i) or (ii) is to accelerate the maturity of that debt Material Debt; or (i) a breach or default has occurred and is continuing by Lessee under the SNDA and such debt is not reinstated within seven breach or default continues for thirty (730) days after Lessee’s receipt of written notice from Lessor of such acceleration; or (j) A “Lessee Event of Default” has occurred under the Pipeline System Leasebreach or default from Lessor.

Appears in 1 contract

Samples: Lease Agreement (CorEnergy Infrastructure Trust, Inc.)

Lessee Events of Default. Each The following events shall constitute Lessee Events of the following shall be an event of default under this Lease Default (each, each a "Lessee Event of Default”):") (whether any such event shall be voluntary or involuntary or come about or be effected by operation of law or pursuant to or in compliance with any judgment, decree or order of any court or any order, rule or regulation of any Governmental Authority) and each such Lessee Event of Default shall be deemed to exist and continue so long as, but only as long as, it shall not have been remedied or waived by Lessor in writing: (a) Lessee fails shall fail to make any payment of Base Basic Rent or Variable RentSupplemental Rent due pursuant to Exhibit E hereto, as the case may be, and when due and such failure continues for three or shall fail to make any other payment of Supplemental Rent within five (35) Business Days after Lessee’s receipt delivery to Lessee of written notice from Lessor of such failurethat the amount shall have become due hereunder; or (b) Lessee fails shall fail to make procure, carry and maintain any Additional Rent insurance required by Section 9 hereof; PROVIDED that in the case of insurance with respect to which cancellation, change or lapse for nonpayment of premium shall not be effective as to Lessor for 30 days (five days in the case of any war risk and allied perils coverage, or if shorter, such other than a period as may be customary in the industry for such notice of cancellation) after receipt of notice by Lessor of such cancellation, change or lapse, no such failure to pay Base Rent carry and maintain insurance shall constitute a Lessee Event of Default hereunder until the earlier of (i) the date such insurance is no longer in effect as to Lessor, or Variable Rent (ii) the date such failure shall have continued unremedied for a period of 20 days (five days in the case of any war risk and except allied perils coverage, or if shorter, such other period as may be customary in the industry for such payments as Lessee is contesting in good faith or pursuant to a Tax Challenge or a Permitted Lessee Contest) and such failure continues for seven (7) Business Days after Lessee’s receipt of written notice of such failure from Lessorcancellation) after receipt by Lessor of the notice of cancellation, change or lapse; or (c) any representation and warranty made by Lessee shall fail to perform or observe, breach or be in default under this Lease is false at the time made and whichSections 5, individually 7(c), 10(c), or in the aggregate with respect to each other such false representation or warranty, is material11 hereof; or (d) Lessee makes shall fail to perform or permits observe, breach or be in default under any other covenant, condition or agreement to be performed or observed by it hereunder and such failure shall continue unremedied for a Lease Assignment or a Sublease in violation period of Article XVII of this Lease, and fails to unwind or terminate such Lease Assignment or Sublease within sixty thirty (6030) days Business Days after Lessee’s receipt of written notice from Lessor of such breachthereof by Lessor; or (e) any material representation or warranty made by Lessee fails herein or in any document or certificate furnished by Lessee in connection herewith or pursuant hereto shall prove to maintain insurance on the Leased Property have been incorrect in compliance with this Lease, and such failure continues for five (5) Business Days after Lessee’s receipt of written notice of such failure from Lessorany material respect when made; or (f) Lessee fails shall fail to maintain pay any sums which are or become due and owing under any Interim Aircraft Lease Agreement, the Terminal System Interim Aircraft Maintenance Agreement, the Long-Term Lease Agreement, the July Lease Agreement or the November Lease Agreement or shall fail to perform under any indemnification obligations contained in Good Condition and Repair and that failure continues for five (5) Business Days after Lessee’s receipt of written notice thereof from Lessorany Interim Aircraft Lease Agreement, the Long-Term Lease Agreement, the 160 Lease Agreement, the 161 Lease Agreement, the 162 Lease Agreement, the 171 Lease Agreement or the Interim Aircraft Maintenance Agreement; or (g) Lessee fails to observe or perform any other covenant of Lessee under this Lease and that failure continues for fifteen (15) days after Lessee’s receipt of written notice of that breach from Lessor (or if the cure of that failure reasonably requires more than fifteen (15) days to complete, if Lessee fails to commence the cure within such fifteen (15) day period and thereafter diligently pursue such cure to completion)Reserved; or (h) the filing by or against Lessee or Lessee Guarantor of a petition for relief under any Debtor Relief Laws (unless, in the case of a petition filed against Lessee or Lessee Guarantor, the same is dismissed within ninety (90) days after filing), or the appointment of a trustee or receiver to take possession of all, all or substantially all, all of Lessee’s or Lessee Guarantor’s assets or of Lessee’s interest in this Lease, where such appointment is not discharged in ninety (90) days after appointment of said trustee or receiver, or the voluntary filing of a petition 's airline operations are suspended for the appointment of the samemore than two days; or (i) Lessee shall consent to the appointment of a custodian, receiver, trustee or liquidator (or other similar official) of itself or of a substantial part of its property, or Lessee Guarantor shall be unable to pay its debts generally as they become due, or shall make a general assignment for the benefit of creditors, or Lessee shall file a voluntary petition in bankruptcy or a voluntary petition or an answer seeking reorganization in a proceeding under any bankruptcy law (ias now or hereafter in effect) fails to make or an answer admitting the material allegations of a petition filed against Lessee in any payment such proceeding, or Lessee by voluntary petition, answer or consent shall seek relief as debtor under the provisions of principal or interest with respect to any debt after giving effect to any applicable cure period or (ii) fails to observe or perform any other agreement contained in present or future bankruptcy or other similar law providing for the reorganization or winding-up of corporations, or providing for an agreement, composition, extension or adjustment with its creditors or Lessee shall take any agreement or instrument relating corporate action to that debt that is a default (other than a failure to pay specified in clause (i) of this paragraph) and such default continues after the applicable grace or cure period, if any, specified in such agreement or instrument, if the effect authorize any of the failure specified in clause (i) or (ii) is to accelerate the maturity of that debt and such debt is not reinstated within seven (7) days after Lessee’s receipt of written notice from Lessor of such accelerationforegoing; or (j) A “a petition against Lessee Event in a proceeding under any bankruptcy or other insolvency law (as now or hereafter in effect) shall be filed, and any decree or order adjudging Lessee a bankrupt or insolvent in such proceeding shall remain in force undismissed and unstayed for a period of Default” has occurred sixty (60) days after such adjudication or, in case the approval of such petition by a court of competent jurisdiction is required, the petition as filed or amended shall be approved by such a court as properly filed and such approval shall not be withdrawn and the proceeding shall not be dismissed within sixty (60) days thereafter, or if, under the Pipeline System Leaseprovisions of any law providing for reorganization or winding-up of corporations which may apply to Lessee, any court of competent jurisdiction shall enter an order or decree assuming custody or control of Lessee or of any substantial part of its property and such custody or control remains in force unrelinquished, unstayed and unterminated for a period of thirty (30) days; or (k) obligations of Lessee for the payment of borrowed money shall not be paid when the same become due after the expiration of any applicable grace period, if the effect of such default is to cause obligations in excess of $20,000,000 to be accelerated or otherwise declared to be due and unpaid prior to their stated maturity.

Appears in 1 contract

Samples: Aircraft Lease Agreement (Hawaiian Airlines Inc/Hi)

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