LESSEE'S DEFAULT. The occurrence of any one of the following events (each an “Event of Default”) shall constitute a material breach of this Lease by Lessee: A. Lessee’s failure to pay Base Monthly Rent within five (5) calendar days of the date when due. B. If Lessee shall fail to pay any other sum (all of which sums shall be deemed to be additional rent hereunder) to Lessor within five (5) calendar days of the date when due. C. Lessee’s failure to perform any other provisions of this Lease if the failure to perform is not cured within fifteen (15) days after notice has been given to Lessee. If the default cannot reasonably be cured within fifteen (15) days, Lessee shall not be in default of this Lease if Lessee commences to cure the default within the fifteen (15) day period and diligently and in good faith continues to cure the default thereafter. D. If this Lease or any estate of Lessee hereunder shall be levied upon under any attachment or execution and such attachment or execution is not vacated within sixty (60) days. E. If within sixty (60) days after the commencement of any proceeding against Lessee seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation, such proceeding shall not have been dismissed, or if, within sixty (60) days after the appointment of a receiver or liquidator of Lessee and such appointment shall not have been vacated.
Appears in 2 contracts
Sources: Sublease (Audentes Therapeutics, Inc.), Sublease (Audentes Therapeutics, Inc.)
LESSEE'S DEFAULT. The occurrence of any one of the following events (each an “Event shall be deemed to be events of Default”) shall constitute a material breach of this Lease default by LesseeLessee under the Lease:
A. Lessee’s failure to pay Base Monthly Rent within five (5) calendar days of the date when due.
B. If a. Lessee shall fail to pay any installment of the rent herein reserved when due, or any payment with respect to taxes hereunder when due, or any other sum payment or reimbursement to Lessor required herein when due, and such failure shall continue for a period of ten (10) days after written notice from Lessor that such payment was overdue.
b. Lessee shall become insolvent, or shall make a transfer in fraud of creditors, or shall make an assignment for the benefit of creditors.
c. Lessee shall file a petition under any section or chapter of the Bankruptcy Code, as amended, or under any similar law or statute of the United States or any State thereof; or Lessee shall be adjudged bankrupt or insolvent in proceedings filed against Lessee thereunder.
d. A receiver or trustee shall be appointed for all or substantially all of which sums shall be deemed to be additional rent hereunderthe assets of Lessee and not discharged in thirty (30) to Lessor within five (5) calendar days of the date when duedays.
C. Lessee’s failure e. Lessee shall fail to perform comply with any other provisions term, provision or covenant of this Lease if (other than the foregoing in this Paragraph 8.1), and shall not cure such failure to perform is not cured within fifteen thirty (1530) days after written notice has been given thereof to Lessee. If Said written notice of default shall specify the default cannot reasonably be cured within fifteen matter in default; provided, however, that if the nature of Lessee's obligations are such that more than thirty (1530) daysdays are required for performance, then Lessee shall not be in default of this Lease if Lessee commences to cure the default performance within the fifteen such thirty (1530) day period and thereafter diligently and in good faith continues prosecutes the same to cure the default thereaftercompletion.
D. If this Lease or any estate of Lessee hereunder shall be levied upon under any attachment or execution and such attachment or execution is not vacated within sixty (60) days.
E. If within sixty (60) days after the commencement of any proceeding against Lessee seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation, such proceeding shall not have been dismissed, or if, within sixty (60) days after the appointment of a receiver or liquidator of Lessee and such appointment shall not have been vacated.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement (Esterline Technologies Corp)
LESSEE'S DEFAULT. The occurrence of any one Each of the following events (each shall constitute an “"Event of Default”) shall constitute a material breach of this Lease by Lessee" hereunder:
A. Lessee’s (a) Lessee shall fail to make payment of any Aggregate Rental when due and such failure to pay Base Monthly Rent within shall continue for five (5) calendar business days after Lessor gives Lessee written notice of the date when due.such failure; or
B. If (b) Lessee shall fail to pay perform or observe any other sum (all of which sums shall be deemed covenant, condition or agreement to be additional rent hereunder) to Lessor within five (5) calendar days of the date when due.
C. Lessee’s failure to perform any other provisions of this Lease if the failure to perform is not cured within fifteen (15) days after notice has been given to Lessee. If the default cannot reasonably be cured within fifteen (15) days, Lessee shall not be in default of this Lease if Lessee commences to cure the default within the fifteen (15) day period and diligently and in good faith continues to cure the default thereafter.
D. If performed or observed by it under this Lease or any estate of agreement, document or certificate delivered by Lessee hereunder shall be levied upon under in connection herewith in any attachment or execution material respect, and such attachment or execution is not vacated within sixty failure shall continue for thirty (60) days.
E. If within sixty (6030) days after written notice thereof from Lessor to Lessee; or
(c) Any representation or warranty made by Lessee in this Lease or any agreement, document, certificate delivered by the commencement Lessee in connection herewith is or shall become incorrect in any material respect, and, if such a default is susceptible of any proceeding being corrected, Lessee fails to correct such default with thirty (30) days of a written notice from Lessor requesting correction of same; or
(d) Lessee shall become insolvent or cease to do business as a going concern; or
(e) Lessee makes an assignment for the benefit of creditors, or if a petition is filed by or against Lessee seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present bankruptcy or future statute, law insolvency law; or regulation, such proceeding shall not have been dismissed, or if, within sixty (60) days after the appointment of If a receiver is appointed for Lessee or liquidator any of Lessee and such appointment shall not have been vacatedLessee's property.
Appears in 2 contracts
Sources: Aircraft Lease (Oakley Inc), Aircraft Lease (Oakley Inc)
LESSEE'S DEFAULT. The occurrence of A default under this Lease by Lessee shall exist if any one of the following events (each an “Event of Default”) shall constitute a material breach of this Lease by Lesseeoccurs:
A. Lessee’s failure (i) If Lessee fails to pay Base Monthly Rent within five (5) calendar days of the date when due.
B. If Lessee shall fail to pay or any other sum (all of which sums shall be deemed required to be additional rent hereunder) to Lessor within five (5) calendar days of the date paid hereunder when due.
C. Lessee’s failure : or (ii) If Lessee fails to perform any other provisions term covenant or condition of this Lease if Lease, except those requiring the failure payment of money, and Lessee fails to perform is not cured cure such breach within fifteen (15) days after written notice has been given to Lessee. If the default canfrom Lessor where such breach could be reasonably cured within such fifteen (15) day period: provided, however, that where such failure could not reasonably be cured within the fifteen (15) daysday period, that Lessee shall not be in default of this Lease if Lessee it commences to such cure the default within the fifteen (15) day period and thereafter diligently and in good faith continues prosecutes same to cure the default thereafter.
D. If this Lease or any estate of Lessee hereunder completion, which completion shall be levied upon under any attachment or execution and such attachment or execution is occur not vacated within sixty (60) days.
E. If within later than sixty (60) days after from the commencement date of receipt of written notice of Lessors or (iii) If Lessee assigns its assets for the benefit of its creditors or (iv) If the sequestration or attachment of or execution on any proceeding against material part of Lessee's personal property essential to the conduct of Lessee's business occurs, and Lessee seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution fails to obtain a return or similar relief under any present or future statute, law or regulation, release of such proceeding shall not have been dismissedpersonal property within thirty (30) days thereafter, or ifprior to sale pursuant to such sequestration, within sixty (60) days after the appointment of a receiver attachment or liquidator of Lessee and such appointment shall not have been vacated.levy, whichever is earlier; or
Appears in 1 contract
LESSEE'S DEFAULT. The occurrence of any one of the following events (each an “Event of Default”) shall constitute a material breach of this Lease by Lessee:
A. Lessee’s 's failure to pay Base Monthly Rent within five (5) calendar days of the date when due.
B. If Lessee shall fail to pay any other sum (all of which sums shall be deemed to be additional rent hereunder) to Lessor within five (5) calendar days of the date when due.
C. Lessee’s 's failure to perform any other provisions of this Lease if the failure to perform is not cured within fifteen thirty (1530) days after notice has been given to Lessee. If Except as otherwise provided herein, if the default cannot reasonably be cured within fifteen thirty (1530) days, Lessee shall not be in default of this Lease if Lessee commences to cure the default within the fifteen thirty (1530) day period and diligently and in good faith continues to cure the default thereafter.
D. If this Lease or any estate of Lessee hereunder shall be levied upon under any attachment or execution and such attachment or execution is not vacated within sixty fifteen (6015) days.
E. If within sixty thirty (6030) days after the commencement of any proceeding against Lessee seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation, such proceeding shall not have been dismissed, or if, within sixty thirty (6030) days after the appointment of a receiver or liquidator of Lessee and or of any material part of its properties such appointment shall not have been vacated.
Appears in 1 contract
LESSEE'S DEFAULT. The occurrence It shall be an event of any one of the following events (each an “Event of Default”) shall constitute a material breach of this Lease by Lesseedefault hereunder if:
A. Lessee’s failure to pay Base Monthly Rent within five (5a) calendar days of the date when due.
B. If Lessee shall fail to pay any rent or other sum of money becoming due hereunder for a period of thirty (all of which sums shall be deemed to be additional rent hereunder) to Lessor within five (5) calendar days of the date when due.
C. Lessee’s failure to perform any other provisions of this Lease if the failure to perform is not cured within fifteen (1530) days after written notice of such default has been given received by Lessee; or
(b) Lessee shall default in the performance of any other of the terms, conditions or covenants contained in this Lease to Lessee. If the be observed or performed by it and Lessee does not remedy such default within thirty (30) days after it has received written notice thereof or, if such default cannot reasonably be cured remedied in such period, does not within fifteen such thirty (1530) days, days commence such act or acts as shall be necessary to remedy the default and shall not thereafter diligently proceed to cure such defaults; or
(c) Lessee shall not be become bankrupt or insolvent, or file any debtor proceedings, or file in default any court pursuant to any statute, either of this Lease if Lessee commences to cure the default within the fifteen (15) day period and diligently and in good faith continues to cure the default thereafter.
D. If this Lease United States or any estate of Lessee hereunder shall be levied upon under any attachment or execution and such attachment or execution is not vacated within sixty (60) days.
E. If within sixty (60) days after the commencement of any proceeding state a petition in bankruptcy or insolvency or for reorganization; or file or have filed against Lessee seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation, such proceeding shall not have been dismissed, or if, within sixty (60) days after it a petition for the appointment of a receiver or liquidator trustee for all or substantially all of the assets of the Lessee and such appointment shall not have been vacatedbe vacated or set aside within thirty (30) days from the date of such appointment; or
(d) Lessee shall vacate or abandon the Demised Premises.
Appears in 1 contract
LESSEE'S DEFAULT. The occurrence of any one of the following events (each an “Event of Default”) shall constitute a material breach of this Lease by Lessee:
A. Lessee’s failure to pay Base Monthly Rent within five (5) calendar days of the date when due.
B. If Lessee shall fail to pay any other sum (all of which sums shall be deemed to be additional rent hereunder) to Lessor within five (5) calendar days of the date when due
C. Lessee’s violation of any provision of Paragraph 17 of this Lease.
C. D. Lessee’s failure to perform any other provisions of this Lease if the failure to perform is not cured within fifteen thirty (1530) days after notice has been given to Lessee. If the default cannot reasonably be cured within fifteen thirty (1530) days, Lessee shall not be in default of this Lease if Lessee commences to cure the default within the fifteen thirty (1530) day period and diligently and in good faith continues to cure the default thereafter.
D. E. If this Lease or any estate of Lessee hereunder shall be levied upon under any attachment or execution and such attachment or execution is not vacated within sixty fifteen (6015) days.
E. . If within sixty thirty (6030) days after the commencement of any proceeding against Lessee seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation, such proceeding shall not have been dismissed, or if, within sixty thirty (6030) days after the appointment of a receiver or liquidator of Lessee and or of any material part of its properties such appointment shall not have been vacated.
Appears in 1 contract
LESSEE'S DEFAULT. The occurrence of any one of the following events (each an “Event of Default”) shall constitute a material breach of this Lease by Lessee:
A. Lessee’s failure to pay Base Monthly Rent within five (5) calendar days of the date when due.
B. If Lessee shall fail to pay any other sum (all of which sums shall be deemed to be additional rent hereunder) to Lessor within five (5) calendar days of the date when due
C. Lessee’s breach of any non-monetary obligation of this Lease.
C. D. Lessee’s failure to perform any other provisions of this Lease if the failure to perform is not cured within fifteen thirty (1530) days after notice has been given to Lessee. If lf the default cannot reasonably be cured within fifteen thirty (1530) days, Lessee shall not be in default of this Lease if Lessee commences to cure the default within the fifteen thirty (1530) day period and diligently and in good faith continues to cure the default thereafter.
D. E. If this Lease or any estate of Lessee hereunder shall be levied upon under any attachment or execution and such attachment or execution is not vacated within sixty fifteen (6015) days.
E. . If within sixty thirty (6030) days after the commencement of any proceeding against Lessee seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation, such proceeding shall not have been dismissed, or if, within sixty thirty (6030) days after the appointment of a receiver or liquidator of Lessee and or of any material part of its properties such appointment shall not have been vacated.
Appears in 1 contract
LESSEE'S DEFAULT. The occurrence Lessee shall be in default under this Lease upon the happening of any one of the following events or conditions (each an hereinafter referred to as “Event Events of Default”): (i) shall constitute a material breach of this Lease by Lessee:
A. Lessee’s failure to pay Base Monthly Rent within five (5) calendar days of the date when due.
B. If if Lessee shall fail fails to pay any other sum (all of which sums shall be deemed required to be additional rent hereunderpaid hereunder on or before the due date and such failure continues for a period of three (3) consecutive days; (ii) if Lessee fails at any time to Lessor within five procure or maintain any insurance coverage required by this Lease; (5iii) calendar days if Lessee fails to observe or perform any of the date when due.
C. Lessee’s failure to perform any other provisions of covenants, conditions or obligations contained in this Lease if the (other than those specified in (i) and (ii) above) and such failure to perform is not cured within fifteen continues for ten (1510) days after receipt by Lessee of written notice has been given to Lessee. If the default cannot reasonably be cured within fifteen from Lessor of such failure; (15iv) days, Lessee shall not be in default of this Lease if Lessee commences to cure the default within the fifteen (15) day period and diligently and in good faith continues to cure the default thereafter.
D. If this Lease or any estate of Lessee hereunder shall be levied upon under any attachment or execution and such attachment or execution is not vacated within sixty (60) days.
E. If within sixty (60) days after the commencement of any proceeding against Lessee seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation, such proceeding shall not have been dismissed, or if, within sixty (60) days after the appointment of a receiver receiver, trustee or liquidator of Lessee or of a substantial part of its property, or the filing by Lessee of a voluntary petition in bankruptcy or other similar insolvency laws or for reorganization; (v) if a petition against Lessee in a proceeding under bankruptcy laws or other similar insolvency laws shall be filed and such appointment shall not have been vacatedbe withdrawn or dismissed within thirty (30) days thereafter; (vi) if an event of default shall occur under any other obligation Lessee owes to Lessor; or (vii) if an event of default shall occur under any indebtedness Lessee may now or hereafter owe to any affiliate or subsidiary of Lessor.
Appears in 1 contract
Sources: Master Coal Purchase and Sale Agreement (Minn Dak Farmers Cooperative)