Common use of Notice; Cure; Waivers Clause in Contracts

Notice; Cure; Waivers. Tenant agrees to give prompt written notice to Lender (and to any successor in interest to Lender of which Tenant has been notified) of any default of the Landlord under the Lease if such default is of such a nature as to give Tenant a right to terminate the Lease, reduce rent or to credit or offset any amounts against future rents. If, within thirty (30) days after receipt of such written notice from Tenant, Lender, at Lender’s sole option, commences to cure a default of Landlord under the Lease that is capable of being cured by Lender, or commences to pursue any other of its remedies under the Mortgage which is deemed by Lender to be a condition precedent to Lender’s ability to cure such default, and thereafter diligently pursues such cure or enforcement of its remedies under the Mortgage as aforesaid to completion, Tenant agrees not to terminate the Lease, reduce rent, credit or offset against future rents, for a period of thirty (30) days or such additional period of time as is reasonably necessary for Lender or Purchaser to cure the default to completion. As against Lender and its successors in interest, Tenant hereby waives any default by Landlord which is not capable of being cured by Lender.

Appears in 1 contract

Samples: Asset Purchase Agreement (DineEquity, Inc)

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Notice; Cure; Waivers. Tenant Lessee agrees to give prompt written notice to Lender Assignee (and to any successor in interest to Lender Assignee of which Tenant Lessee has been notified) of any default of the Landlord Assignor under the Lease if such default is of such a nature as to give Tenant Lessee a right to terminate the Lease, reduce rent or to credit or offset any amounts against future rents. If, within thirty (30) days after receipt of such written notice from TenantLessee, LenderAssignee, at LenderAssignee’s sole option, cures (or commences to and is diligently pursuing the cure of) a default of Landlord Assignor under the Lease that is capable of being cured by LenderAssignee, or commences to pursue any other of its remedies under the Mortgage which is deemed by Lender to be a condition precedent to Lender’s ability to cure such default, and thereafter diligently pursues such cure or enforcement of its remedies under the Mortgage as aforesaid to completion, Tenant Lessee agrees not to terminate the Lease, reduce rent, credit or offset against future rents, consent or acquiesce in the termination of the Lease or surrender the Premises and agrees to continue to be bound by the terms of the Lease and this Agreement. To the extent that Assignee is only able to effect cure of such default after taking possession of the Premises or exercising its right to foreclowure under the mortgage, Lessee agrees hat the time for a period cure of thirty (30) days or such additional period of time as is reasonably necessary for Lender or Purchaser to cure the default to completion. As against Lender and its successors in interest, Tenant hereby waives any default by Landlord which is not capable of being cured by LenderAssignee shall be extended for the time reasonably required to obtain such possession or effect such foreclosure.

Appears in 1 contract

Samples: Assignment and Assumption (LSB Industries Inc)

Notice; Cure; Waivers. Tenant Lessee agrees to give prompt written notice to Lender Assignee (and to any successor in interest to Lender Assignee of which Tenant Lessee has been notified) of any uncured default of the Landlord Assignor under the Lease if such default is of such a nature as to give Tenant Lessee a right to terminate the Lease, reduce rent or to credit or offset any amounts against future rents. If, within thirty (30) days after receipt of such written notice from TenantLessee, LenderAssignee, at LenderAssignee’s sole option, cures (or commences to and is diligently pursuing the cure of) a default of Landlord Assignor under the Lease that is capable of being cured by LenderAssignee, or commences to pursue any other of its remedies under the Mortgage which is deemed by Lender to be a condition precedent to Lender’s ability to cure such default, and thereafter diligently pursues such cure or enforcement of its remedies under the Mortgage as aforesaid to completion, Tenant Lessee agrees not to terminate the Lease, reduce rent, credit or offset against future rents, consent or acquiesce in the termination of the Lease or surrender the Premises and agrees to continue to be bound by the terms of the Lease and this Assignment. To the extent that Assignee is only able to effect cure of such default after taking possession of the Premises or exercising its right to foreclosure under the mortgage, Lessee agrees that the time for a period cure of thirty (30) days or such additional period of time as is reasonably necessary for Lender or Purchaser to cure the default to completion. As against Lender and its successors in interest, Tenant hereby waives any default by Landlord which is not capable of being cured by LenderAssignee shall be extended for the time reasonably required to obtain such possession or effect such foreclosure.

Appears in 1 contract

Samples: Assignment and Assumption (LSB Industries Inc)

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Notice; Cure; Waivers. Tenant agrees to give prompt written notice to Lender (and to any successor in interest to Lender of which Tenant has been notified) of any default of the Landlord under the Lease if such default is of such a nature as to give Tenant a right to terminate the Lease, reduce rent or to credit or offset any amounts against future rents. If, within thirty (30) days after receipt of such written notice from Tenant, Lender, at Lender’s sole option, commences to cure a default of Landlord under the Lease that is capable of being cured by Lender, or commences to pursue any other of its remedies under the Mortgage which is deemed by Lender to be a condition precedent to Lender’s ability to cure such default, and thereafter diligently pursues such cure or enforcement of its remedies under the Mortgage as aforesaid to completion, Tenant agrees not to terminate the Lease, reduce rent, credit consent or offset against future rents, for a period acquiesce in the termination of thirty (30) days the Lease or such additional period surrender the Premises and agrees to continue to be bound by the terms of time as is reasonably necessary for Lender or Purchaser to cure the default to completionLease and this Agreement. As against Lender and its successors in interest, Tenant hereby waives any default by Landlord which is not capable of being cured by LenderLender in the exercise of reasonable diligence.

Appears in 1 contract

Samples: Lease Agreement (Fusion-Io, Inc.)

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