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.
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Samples: 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
Samples: Lease Agreement, Lease Agreement (Esterline Technologies Corp)
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.
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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.
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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 of any one of the following events (each an “Event of Default”) shall constitute a material breach of this Lease default by Lessee:
A. Lessee’s failure (1) Failure to pay Base Monthly Rent within five (5) calendar days rent or any other payment required of the date Lessee when due, if the failure continues for three (3) days after written notice has been given to Lessee.
B. If Lessee shall fail to pay any other sum (all of which sums shall be deemed to be additional rent hereunder2) to Lessor within five (5) calendar days of the date when due.
C. Lessee’s failure Failure to perform any other provisions provision of this Lease if the failure to perform is not cured within fifteen (15) days after written 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 thereafterdefault.
D. If this Lease (3) The discovery by Lessor that any financial statement given to Lessor by Lessee, any assignee of Lessee, any successor in interest of Lessee or any estate guarantor of Lessee hereunder shall be levied upon under any attachment or execution and such attachment or execution is not vacated within sixty (60) daysLessee's obligation hereunder, was materially false.
E. If (4) The filing of a petition in bankruptcy by any guarantor of Lessee's obligations hereunder and the failure within sixty thirty (6030) days after written notice from Lessor to Lessee to provide the commencement substitute guarantor of any proceeding against Lessee's obligation hereunder reasonably satisfactory to Lessor. Notices given under this paragraph shall be in written form and shall specify the alleged default and shall demand that Lessee seeking any reorganizationperform the provisions of this lease or pay the rent that is in arrears, arrangementas the case may be, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation, such proceeding shall not have been dismissedwithin the applicable period of time, or if, within sixty (60) days after quit the appointment premises. No such notice shall be deemed a forfeiture or a termination of a receiver or liquidator of Lessee and such appointment shall not have been vacatedthis Lease unless Lessor so elects in the notice.
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LESSEE'S DEFAULT. The occurrence of any one of the following events (each an “Event of Default”) shall constitute constitutes a material default by the Lessee and a breach of this Lease and its covenants by the Lessee, if such default, breach or non performance is continued and not cured within ten (10) days after written notice from Lessor:
A. Lessee’s (a) The vacating or abandonment of the Premises by Xxxxxx, or the failure of the Lessee to pay Base Monthly Rent be open for business and for the conduct of business as described in the Use Clause Article found in this Lease, (b) The failure by Lessee to perform any covenants herein or the breach by Lessee of any Lease covenants herein, other than those described in this section, and the further failure by Lessee to cure such covenant breach or non-performance, or to commence to cure and diligently pursue the cure of the covenant breach or non-performance which cannot be fully remedied within ten (10) days, (c) Petition by Lessee for bankruptcy, insolvency, or general assignment for the benefit of its creditors, or receiver appointment for Lessee for the substantial part of its assets and properties and such receiver is not removed with ten (10) days after its appointment, (d) If the Lessee shall default as described in this section, or in the performance of any covenant contained in this Lease, and if such default is repeated once within the next twelve (12) months then, notwithstanding that such defaults shall have been cured within the period after notice as herein provided, any further similar default within such twelve (12) month period shall be deemed a Lessee Default which cannot be cured, notwithstanding provisions for cure provided in this Lease. Upon such default, the Lessor may proceed, with five (5) calendar days of the date when duenotice but no opportunity for cure, to exercise its remedies upon default.
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 1 contract
Samples: Lease Agreement