Lessor Bankruptcy Sample Clauses

Lessor Bankruptcy. During the Lease Term the parties hereto agree that if Lessee elects to remain in possession of any and all of the Property after the rejection of the Lease by Lessor under Section 365(h) of the Bankruptcy Code, all of the terms and provisions of this Lease shall be effective during such period of possession by Lessee, including the Renewal Terms and Lessee’s purchase rights hereunder, even if Lessor becomes subject to a case or proceeding under the Bankruptcy Code prior to the commencement of any such Renewal Term or the exercise by Lessee of such purchase rights.
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Lessor Bankruptcy. The parties hereto agree that the ----------------- benefits to the Lessee of Section 365(h) of the Bankruptcy Code shall include any Renewal Terms even if the Lessor becomes subject to the Bankruptcy Code prior to the commencement of any Renewal Term.
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Lessor Bankruptcy. Upon the filing by or against the Lessor of a petition pursuant to applicable provisions of the United States Code relating to bankruptcy as now constituted or hereafter amended or under any other applicable Federal or State Bankruptcy law (i) elect to treat the Lease as terminated pursuant to Section 365(h)(i) of the Bankruptcy Code, or (ii) pursuant to Section 365(h)(2) of the Bankruptcy Code, offset against the rents reserved under the Lease the amount of any damages caused by the Lessor's rejection of the Lease. Lessee shall promptly, and so as to be received prior to all hearing dates, return dates or other deadlines, send to Lender copies of all notices, summonses, pleadings, applications and other documents received by Lessee in connection with such petition or proceeding by Lessor
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Lessor Bankruptcy. (i) Excel Holdings 11 shall promptly after obtaining knowledge thereof, notify Lender of any filing by or against Lessor of a petition under the Bankruptcy Code, setting forth any information available to Excel Holdings 11 as to the date of such filing, the court in which such petition was filed, and the relief sought therein. Excel Holdings 11 hereby unconditionally assigns, transfers and sets over unto Lender all of Excel Holdings 11’s claims and rights to the payment of damages that may hereafter arise as a result of any rejection or disaffirmance of the Sublease by Excel Holdings 11 (whether as debtor in possession or otherwise), or by any trustee of Excel Holdings 11, pursuant to the Bankruptcy Code. This assignment constitutes a present, irrevocable and unconditional assignment of the foregoing claims, rights and remedies and shall continue in effect until the Secured Obligations have been satisfied and discharged in full. (ii) If an action, proceeding, application, motion or notice is commenced or filed in respect of Excel Holdings 11 or in respect of all or any part of the Mortgaged Property (including suits relating to the rejection or disaffirmance of the Sublease) in connection with any case under the Bankruptcy Code or any other applicable federal or state law relating to relief for debtors, Lender may, but is not obligated to, conduct and control any such litigation (including the right to file and prosecute any proofs of claim, complaints, motions, applications, notices and other documents) with counsel of Xxxxxx’s choice. Lender may proceed, in its own name or in the name of Excel Holdings 11, in connection with any such litigation, and Excel Holdings 11 agrees to execute any and all powers, authorizations, consents and other documents required by Xxxxxx in connection therewith. Upon request by Lender, Excel Holdings 11 shall pay to Lender, or to any other person that Lender may designate, all costs, expenses and liabilities (including reasonable attorneys’ fees and court costs) paid or incurred by Xxxxxx in connection with the prosecution or conduct of any such proceedings, together with interest thereon from the date incurred at the Default Rate if not paid within 15 days of written demand, and all such amounts, including interest, shall constitute Secured Obligations. (iii) Excel Holdings 11 shall not, without the prior written consent of Lender, in Xxxxxx’s sole and absolute discretion, commence any action, suit, proceeding or case, or f...
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Lessor Bankruptcy. 45 Section 21.15 Naming and Signage of the Property.......................45 Section 21.16 Expenses.................................................45 Section 21.17 Investments..............................................45 Section 21.18 Further Assurances.......................................46 Section 21.19
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Lessor Bankruptcy. Lessor is generally not paying its debts as they become due or admits in writing its inability to pay its debts generally or makes a general assignment for the benefit of creditors; or any proceeding is instituted by or against Lessor seeking an order for relief under the United States Bankruptcy Code or seeking liquidation, winding up, reorganization, arrangement, adjustment, protection, relief, or composition of it or its debts or the appointment of a receiver, trustee, custodian or other similar official for it or for any substantial part of its property under any law relating to bankruptcy, insolvency, liquidation or reorganization or relief of debtors and either any such relief in any such proceeding is sought or consented to by it or an order for any such relief is entered against it, or any such proceeding instituted against it remains undismissed and unstayed for a period of 60 days; or Lessor takes any corporate action to authorize any of the actions set forth above; or
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Lessor Bankruptcy. 53 ----------------- Section 23.14 No Joint Venture............................................... 54 ---------------- Section 23.15 No Accord and Satisfaction..................................... 54 -------------------------- Section 23.16 No Merger...................................................... 54 --------- Section 23.17 Further Assurances............................................. 54 ------------------ Section 23.18 Memorandum of Lease............................................ 54 ------------------- Section
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Lessor Bankruptcy. 31 SECTION 23.14 Abandonment...................................................................31 SECTION 23.15 Investments...................................................................31 SECTION 23.16 Counterparts; Deed of Trust; Notice...........................................31 SECTION 23.17 Further Assurances............................................................31 SECTION 23.18 No Merger of Title............................................................31 SECTION 23.19 Non-recourse..................................................................32 Exhibit A-1 Description of Traville Site Exhibit A-2 Description of Manufacturing Facility Site LEASE AGREEMENT (HGSI) LEASE AGREEMENT, dated as of November 7, 2001, between GENOME STATUTORY TRUST 2001A, a Connecticut statutory business trust as lessor, and HUMAN GENOME SCIENCES, INC., a Delaware corporation as lessee. In consideration of the mutual agreements herein contained and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto, intending to be legally bound, hereby agree as follows:
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Related to Lessor Bankruptcy

  • Mortgagor Bankruptcy On or prior to the date 60 days after the related Closing Date, the Mortgagor has not filed and will not file a bankruptcy petition or has not become the subject and will not become the subject of involuntary bankruptcy proceedings or has not consented to or will not consent to the filing of a bankruptcy proceeding against it or to a receiver being appointed in respect of the related Mortgaged Property;

  • Action if Bankruptcy If any Event of Default described in clauses (i) through (iv) of Section 9.1(h) with respect to the Borrower shall occur, the Commitments (if not theretofore terminated) shall automatically terminate and the outstanding principal amount of the Loans and all other Obligations shall automatically be and become immediately due and payable, without notice or demand to any Person.

  • Obligor Bankruptcy At the Cutoff Date no Obligor had been identified on the records of AmeriCredit as being the subject of a current bankruptcy proceeding.

  • Insolvency or Bankruptcy The death, dissolution or insolvency of, appointment of a receiver by or on behalf of, application of any debtor relief law, the assignment for the benefit of creditors by or on behalf of, the voluntary or involuntary termination of existence by, or the commencement of any proceeding under any present or future federal or state insolvency, bankruptcy, reorganization, composition or debtor relief law by or against me or any co-signer, endorser, surety or guarantor of this Agreement or any other obligations I have with you.

  • No Bankruptcy Developer is not now nor has it ever been in bankruptcy or receivership.

  • Borrower Bankruptcy To the Mortgage Loan Seller's knowledge, no Borrower under a Mortgage Loan is a debtor in any state or federal bankruptcy, insolvency or similar proceeding. To the Mortgage Loan Seller's knowledge, as of the origination of the Mortgage Loan, none of (x) the nonrecourse carveout guarantors or nonrecourse carveout indemnitors under the Mortgage Loan, (y) any tenant with respect to more than 75% of the net rentable area at the related Mortgaged Property that is an Affiliate of the Borrower or (z) the sole tenant at the Mortgaged Property (in the case of this clause (z), if substantially all of the Mortgaged Property is leased to a single tenant and the tenant was the owner of the Mortgaged Property immediately prior to the origination of the Mortgage Loan) was a debtor in any state or federal bankruptcy, insolvency or similar proceeding.

  • Termination for Bankruptcy In the event that either Party files for protection under bankruptcy laws, makes an assignment for the benefit of creditors, appoints or suffers appointment of a receiver or trustee over its property, files a petition under any bankruptcy or insolvency act or has any such petition filed against it which is not discharged within sixty (60) days of the filing thereof, then the other Party may terminate this Agreement effective immediately upon written notice to such Party.

  • Involuntary Bankruptcy If any involuntary petition is filed under any bankruptcy or similar law or rule against Investor, and such petition is not dismissed within sixty (60) days, or a receiver, trustee, liquidator, assignee, custodian, sequestrator or other similar official is appointed to take possession of any of the assets or properties of Investor.

  • Event of Bankruptcy In addition to, and in no way limiting the other remedies set forth herein, Landlord and Tenant agree that if Tenant ever becomes the subject of a voluntary or involuntary bankruptcy, reorganization, composition, or other similar type proceeding under the federal bankruptcy laws, as now enacted or hereinafter amended, then: (a) “adequate assurance of future performance” by Tenant pursuant to Bankruptcy Code Section 365 will include (but not be limited to) payment of an additional/new security deposit in the amount of three times the then current Base Rent payable hereunder; (b) any person or entity to which this Lease is assigned, pursuant to the provisions of the Bankruptcy Code, shall be deemed, without further act or deed, to have assumed all of the obligations of Tenant arising under this Lease on and after the effective date of such assignment, and any such assignee shall, upon demand by Landlord, execute and deliver to Landlord an instrument confirming such assumption of liability; (c) notwithstanding anything in this Lease to the contrary, all amounts payable by Tenant to or on behalf of Landlord under this Lease, whether or not expressly denominated as “Rent”, shall constitute “rent” for the purposes of Section 502(b)(6) of the Bankruptcy Code; and (d) if this Lease is assigned to any person or entity pursuant to the provisions of the Bankruptcy Code, any and all monies or other considerations payable or otherwise to be delivered to Landlord or Agent (including Base Rent, Additional Rent and other amounts hereunder), shall be and remain the exclusive property of Landlord and shall not constitute property of Tenant or of the bankruptcy estate of Tenant. Any and all monies or other considerations constituting Landlord’s property under the preceding sentence not paid or delivered to Landlord or Agent shall be held in trust by Tenant or Tenant’s bankruptcy estate for the benefit of Landlord and shall be promptly paid to or turned over to Landlord.

  • Adjustment for Bankruptcy In circumstances where an Early Termination Date occurs because "Automatic Early Termination" applies in respect of a party, the amount determined under this Section 6(e) will be subject to such adjustments as are appropriate and permitted by law to reflect any payments or deliveries made by one party to the other under this Agreement (and retained by such other party) during the period from the relevant Early Termination Date to the date for payment determined under Section 6(d)(ii).

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