Lessor Bankruptcy Clause Samples

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.

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 Bankruptcy. (i) Excel Urban Renewal 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 Urban Renewal as to the date of such filing, the court in which such petition was filed, and the relief sought therein. Excel Urban Renewal hereby unconditionally assigns, transfers and sets over unto Lender all of Excel Urban Renewal’s claims and rights to the payment of damages that may hereafter arise as a result of any rejection or disaffirmance of the Ground Lease 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 Ground Lease) 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 ▇▇▇▇▇▇’s choice. Lender may proceed, in its own name or in the name of Excel Urban Renewal, in connection with any such litigation, and Excel Urban Renewal agrees to execute any and all powers, authorizations, consents and other documents required by ▇▇▇▇▇▇ in connection therewith. Upon request by ▇▇▇▇▇▇, Excel Urban Renewal 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 ▇▇▇▇▇▇ 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 Urban Renewal shall not, without the prior written consent of Lender, in ▇▇▇▇▇▇’s sole and absolute discretion, commence any action, suit, ...

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

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

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:

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