Notice to Company Mortgagee. Notwithstanding anything herein to the contrary, if any Event of Default shall occur, the City shall have no right to terminate this Agreement unless the City shall deliver notice to Company Mortgagee of the City’s intent to so terminate at least thirty (30) calendar days in advance of the proposed effective date of such termination. This notice of termination shall be in addition to any notices previously copied to the Company Mortgagee and shall specify that it is the notice required by Section 7(k). The provisions of Section 7(l) below shall apply if, within such thirty (30) calendar day termination notice period, any such Company Mortgagee shall (a) pay or cause to be paid all amounts then due and in arrears as specified in the termination notice to such Company Mortgagee and which may become due during such thirty (30) calendar day period, and (b) cure or, in good faith and with reasonable diligence and continuity, (i) commence to cure all non-monetary requirements of this Agreement then in default (excluding those that by their nature are incapable of cure by other person or entity) or (ii) commence to exercise its rights with respect to the Company’s interest in this Agreement by foreclosure, assignment in lieu thereof, preparing for a sale or transfer of the Company’s interests or otherwise with respect to a Company Mortgage (which may include a petition to lift any stay imposed in bankruptcy proceedings and any application to remove any injunction limiting its right to take such actions, so long as, in each case, the same is diligently and continuously pursued). So long as such Company Mortgagee timely commenced cure under (i) above, and thereafter diligently pursued the same, the thirty (30) day period shall be extended for so long as Company Mortgagee diligently prosecutes such cure up to but not to exceed an additional thirty (30) days from the expiration of the initial thirty (30) day period. So long as such Company Mortgagee timely commenced the pursuit of the exercise of its rights under (ii) above, and thereafter diligently pursued the same, the initial thirty (30) day period shall be extended to allow Company Mortgagee to pursue the exercise of such rights, provided that it continues to diligently pursue same, but such extension shall not exceed an additional sixty (60) days from the expiration of the initial thirty (30) day period.
Appears in 2 contracts
Samples: Economic Development Incentive Agreement, Economic Development Incentive Agreement
Notice to Company Mortgagee. Notwithstanding anything herein to the contrary, if any Event of Default shall occur, the City shall have no right to terminate this Agreement unless the City shall deliver notice to Company Mortgagee of the City’s intent to so terminate at least thirty (30) calendar days in advance of the proposed effective date of such termination. This notice of termination shall be in addition to any notices previously copied to the Company Mortgagee and shall specify that it is the notice required by Section 7(k5.2(j). The provisions of Section 7(l5.2(k) below shall apply if, within such thirty (30) calendar day termination notice period, any such Company Mortgagee shall (a) pay or cause to be paid all amounts then due and in arrears as specified in the termination notice to such Company Mortgagee and which may become due during such thirty (30) calendar day period, and (b) cure or, in good faith and with reasonable diligence and continuity, (i) commence to cure all non-monetary requirements of this Agreement then in default (excluding those that by their nature are incapable of cure by other person or entity) or (ii) commence to exercise its rights with respect to the Company’s interest in this Agreement by foreclosure, assignment in lieu thereof, preparing for a sale or transfer of the Company’s interests or otherwise with respect to a Company Mortgage (which may include a petition to lift any stay imposed in bankruptcy proceedings and any application to remove any injunction limiting its right to take such actions, so long as, in each case, the same is diligently and continuously pursued). So long as such Company Mortgagee timely commenced cure under (i) above, and thereafter diligently pursued the same, the thirty (30) day period shall be extended for so long as Company Mortgagee diligently prosecutes such cure up to but not to exceed an additional thirty (30) days from the expiration of the initial thirty (30) day period. So long as such Company Mortgagee timely commenced the pursuit of the exercise of its rights under (ii) above, and thereafter diligently pursued the same, the initial thirty (30) day period shall be extended to allow Company Mortgagee to pursue the exercise of such rights, provided that it continues to diligently pursue same, but such extension shall not exceed an additional sixty (60) days from the expiration of the initial thirty (30) day period.
Appears in 1 contract
Notice to Company Mortgagee. Notwithstanding anything herein to the contrary, if any Event of Default shall occur, the City Landlord shall have no right to terminate this Agreement Lease or terminate Tenant's right to possession of the Entertainment Center without terminating this Lease unless the City Landlord shall deliver notice to Company Mortgagee of the City’s Landlord's intent to so terminate at least thirty (30) calendar days in advance of the proposed effective date of such termination. This notice of termination shall be in addition to any notices previously copied to the Company Mortgagee and shall specify that it is the notice required by Section 7(k13(j). The provisions of Section 7(l13(k) below shall apply if, within such thirty (30) calendar day termination notice period, any such Company Mortgagee shall (a) pay or cause to be paid all amounts then due and in arrears as specified in the termination notice to such Company Mortgagee and which may become due during such thirty (30) calendar day period, and (b) cure or, in good faith and with reasonable diligence and continuity, (i) commence to cure all non-monetary requirements of this Agreement Lease then in default (excluding those that by their nature are incapable of cure by other person or entity) or (ii) commence to exercise its rights with respect to the Company’s Tenant's interest in this Agreement Lease by foreclosure, assignment in lieu thereof, preparing for a sale or transfer of the Company’s Tenant's interests or otherwise with respect to a Company Mortgage (which may include a petition to lift any stay imposed in bankruptcy proceedings and any application to remove any injunction limiting its right to take such actions, so long as, in each case, the same is diligently and continuously pursued). So long as such Company Mortgagee timely commenced cure under (i) above, and thereafter diligently pursued the same, the thirty (30) day period shall be extended for so long as Company Mortgagee diligently prosecutes such cure up to but not to exceed an additional thirty (30) days from the expiration of the initial thirty (30) day period. So long as such Company Mortgagee timely commenced the pursuit of the exercise of its rights under (ii) above, and thereafter diligently pursued the same, the initial thirty (30) day period shall be extended to allow Company Mortgagee to pursue the exercise of such rights, provided that it continues to diligently pursue same, but such extension shall not exceed an additional sixty (60) days from the expiration of the initial thirty (30) day period.thirty
Appears in 1 contract
Samples: Entertainment Center Lease Agreement
Notice to Company Mortgagee. Notwithstanding anything herein to the contrary, if any Event of Default shall occur, the City shall have no right to terminate this Agreement unless the City shall deliver notice to Company Mortgagee of the City’s intent to so terminate at least thirty (30) calendar days in advance of the proposed effective date of such termination. This notice of termination shall be in addition to any notices previously copied to the Company Mortgagee and shall specify that it is the notice required by Section 7(k). XVII.I. The provisions of Section 7(l) XVII.J. below shall apply if, within such thirty (30) calendar day termination notice period, any such Company Mortgagee shall (a) pay or cause to be paid all amounts then due and in arrears as specified in the termination notice to such Company Mortgagee and which may become due during such thirty (30) calendar day period, and (b) cure or, in good faith and with reasonable diligence and continuity, (i) commence to cure all non-monetary requirements of this Agreement then in default (excluding those that by their nature are incapable of cure by other person or entity) or (ii) commence to exercise its rights with respect to the Company’s interest in this Agreement by foreclosure, assignment in lieu thereof, preparing for a sale or transfer of the Company’s interests or otherwise with respect to a Company Mortgage (which may include a petition to lift any stay imposed in bankruptcy proceedings and any application to remove any injunction limiting its right to take such actions, so long as, in each case, the same is diligently and continuously pursued). So long as such Company Mortgagee timely commenced cure under (i) above, and thereafter diligently pursued the same, the thirty (30) day period shall be extended for so long as Company Mortgagee diligently prosecutes such cure up to but not to exceed an additional thirty (30) days from the expiration of the initial thirty (30) day period. So long as such Company Mortgagee timely commenced the pursuit of the exercise of its rights under (ii) above, and thereafter diligently pursued the same, the initial thirty (30) day period shall be extended to allow Company Mortgagee to pursue the exercise of such rights, provided that it continues to diligently pursue same, but such extension shall not exceed an additional sixty (60) days from the expiration of the initial thirty (30) day period.
Appears in 1 contract
Samples: www.cityofirving.org
Notice to Company Mortgagee. Notwithstanding anything herein to the contrary, if any Event of Default shall occur, the City shall have no right to terminate this Agreement A greement unless the City shall deliver notice to Company Mortgagee of the City’s intent to so terminate at least thirty (30) calendar days in advance of the proposed effective date of such termination. This notice of termination shall be in addition to any notices previously copied to the Company Mortgagee and shall specify that it is the notice required by Section 7(k). XVII.I. The provisions of Section 7(l) XVII.J. below shall apply if, within such thirty (30) calendar day termination notice period, any such Company Mortgagee shall (a) pay or cause to be paid all amounts then due and in arrears as specified in the termination notice to such Company Mortgagee and which may become due during such thirty (30) calendar day period, and (b) cure or, in good faith and with reasonable diligence and continuity, (i) commence to cure all non-monetary requirements of this Agreement then in default (excluding those that by their nature are incapable of cure by other person or entity) or (ii) commence to exercise its rights with respect to the Company’s interest in this Agreement by foreclosure, assignment in lieu thereof, preparing for a sale or transfer of the Company’s interests or otherwise with respect to a Company Mortgage (which may include a petition to lift any stay imposed in bankruptcy proceedings and any application to remove any injunction limiting its right to take such actions, so long as, in each case, the same is diligently and continuously pursued). So long as such Company Mortgagee timely commenced cure under (i) above, and thereafter diligently pursued the same, the thirty (30) day period shall be extended for so long as Company Mortgagee diligently prosecutes such cure up to but not to exceed an additional thirty (30) days from the expiration of the initial thirty (30) day period. So long as such Company Mortgagee timely commenced the pursuit of the exercise of its rights under (ii) above, and thereafter diligently pursued the same, the initial thirty (30) day period shall be extended to allow Company Mortgagee to pursue the exercise of such rights, provided that it continues to diligently pursue same, but such extension shall not exceed an additional sixty (60) days from the expiration of the initial thirty (30) day period.
Appears in 1 contract
Samples: www.cityofirving.org