Common use of LESSEE'S DEFAULT Clause in Contracts

LESSEE'S DEFAULT. Lessee will be in "Default" if (i) Lessee fails to pay Base Rent, additional expenses or any other amount owning hereunder when due, and such failure continues for ten (10) days after written notice to Lessee of such failure; (ii) Lessee fails to perform any other material covenant or agreement contained in this Lease within thirty (30) days after written notice of the failure from Lessor; provided, however if the failure is of such a nature that it cannot be cured within said thirty (30) day period, Lessee will not be deemed in default provided Lessee commences to cure the default within said thirty (30) day period and thereafter continuously prosecutes such cure to completion; and/or (iii) Lessee vacates or abandons the Leased Premises or removes or manifests an intention to remove Lessee’s goods and property from the Leased Premises other than in the ordinary course of its business; and/or (iv) Lessee is adjudicated a bankrupt in a proceeding initiated by or against it or a receiver for Lessee or for all or a substantial part of its property is appointed, or a court order is entered approving a petition seeking reorganization or an arrangement under the Bankruptcy Code, and any such adjudication, appointment or order is not vacated, set aside or otherwise terminated or stayed within sixty (60) days from the date of its entry.

Appears in 2 contracts

Samples: Agreement of Lease (DNB Financial Corp /Pa/), Agreement of Sale (DNB Financial Corp /Pa/)

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LESSEE'S DEFAULT. Lessee will be in "Default" if (i) Lessee fails to pay Base Rent, additional expenses or any other amount owning hereunder when due, and such failure continues for ten five (105) days after written notice to Lessee of such failure; (ii) Lessee fails to perform any other material covenant or agreement contained in this Lease within thirty (30) days after written notice of the failure from Lessor; provided, however if the failure is of such a nature that it cannot be cured within said thirty (30) day period, Lessee will not be deemed in default provided Lessee commences to cure the default within said thirty (30) day period and thereafter continuously prosecutes such cure to completion; and/or (iii) Lessee vacates or abandons the Leased Premises or removes or manifests an intention to remove Lessee’s 's goods and property from the Leased Premises other than in the ordinary course of its business; and/or (iv) Lessee is adjudicated a bankrupt in a proceeding initiated by or against it or a receiver for Lessee or for all or a substantial part of its property is appointed, or a court order is entered approving a petition seeking reorganization or an arrangement under the Bankruptcy Code, and any such adjudication, appointment or order is not vacated, set aside or otherwise terminated or stayed within sixty (60) days from the date of its entry.

Appears in 2 contracts

Samples: Agreement of Lease (DNB Financial Corp /Pa/), Agreement of Lease (DNB Financial Corp /Pa/)

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LESSEE'S DEFAULT. Lessee will shall be in "default under this Lease upon the happening of any of the following events or conditions (hereinafter referred to as “Events of Default" if ”): (i) if Lessee fails to pay Base Rentany sum required to be paid 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 procure or maintain any insurance coverage required by this Lease; (iii) if Lessee fails to observe or perform any of the covenants, additional expenses conditions or any obligations contained in this Lease (other amount owning hereunder when due, than those specified in (i) and (ii) above) and such failure continues for ten (10) days after receipt by Lessee of written notice to Lessee from Lessor of such failure; (iiiv) the appointment of a receiver, trustee or liquidator of Lessee fails to perform any or of a substantial part of its property, or the filing by Lessee of a voluntary petition in bankruptcy or other material covenant similar insolvency laws or agreement contained for reorganization; (v) if a petition against Lessee in this Lease a proceeding under bankruptcy laws or other similar insolvency laws shall be filed and shall not be withdrawn or dismissed within thirty (30) days after written notice thereafter; (vi) if an event of the failure from default shall occur under any other obligation Lessee owes to Lessor; provided, however or (vii) if the failure is an event of such a nature that it cannot be cured within said thirty (30) day period, default shall occur under any indebtedness Lessee will not be deemed in default provided Lessee commences may now or hereafter owe to cure the default within said thirty (30) day period and thereafter continuously prosecutes such cure to completion; and/or (iii) Lessee vacates any affiliate or abandons the Leased Premises or removes or manifests an intention to remove Lessee’s goods and property from the Leased Premises other than in the ordinary course subsidiary of its business; and/or (iv) Lessee is adjudicated a bankrupt in a proceeding initiated by or against it or a receiver for Lessee or for all or a substantial part of its property is appointed, or a court order is entered approving a petition seeking reorganization or an arrangement under the Bankruptcy Code, and any such adjudication, appointment or order is not vacated, set aside or otherwise terminated or stayed within sixty (60) days from the date of its entryLessor.

Appears in 1 contract

Samples: Master Coal Purchase and Sale Agreement (Minn Dak Farmers Cooperative)

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