Paragraphs 4. 2 and 4.4 of this Schedule apply (without prejudice to any other rights of the Landlord against the Guarantor or any other person) if there is a Trigger Event.
Paragraphs 4. 2 and 4.4 of this Schedule apply (without prejudice to any other rights of the Landlord against the Assignor or any other person) if there is a Trigger Event.
4.2 The Assignor covenants that, if required in writing by the Landlord within two months of the Landlord receiving notice of a Trigger Event occurring, the Assignor will enter into a new lease of the Premises on the terms set out in paragraph 4.3 of this Schedule and shall:-
4.2.1 pay the costs of the new lease; and
4.2.2 execute and deliver to the Landlord a counterpart of the new lease and such related documents as the Landlord may reasonably require.
4.3 The new lease referred to in paragraph 4.2 of this Schedule shall take effect from the date of the Trigger Event and shall be on the following terms:-
4.3.1 for a term equal to the residue of the term of this lease which would have remained had the Trigger Event not occurred;
4.3.2 at the rent reserved by this lease on the date of the Trigger Event (or, if required by the Landlord, such higher rent as would have been reserved by this lease on the date on which the new lease is granted if this lease had continued in force and the rent had been reviewed in accordance with the terms of this lease) subject to review on the same terms and dates as provided by this lease; and
4.3.3 otherwise subject to the same covenants and conditions as in this lease (save that the Assignor shall not be required to procure an authorised guarantee agreement in respect of its obligations under the new lease).
4.4 The Assignor covenants with the Landlord to pay on demand an amount calculated in accordance with paragraph 4.5 of this Schedule if:-
4.4.1 a Trigger Event occurs; and
4.4.2 the Assignor's obligations under paragraph 3 of this Schedule are determined; and
4.4.3 the Landlord does not require the Assignor to accept a new lease in accordance with paragraph 4.2 of this Schedule; and
4.4.4 either (in the case of disclaimer) no vesting order is made in respect of this lease or (in the case of forfeiture) relief from forfeiture has not been granted to any person.
4.5 The amount referred to in paragraph 4.4 of this Schedule shall be equal to the rent reserved by this lease for the period commencing with the date of the Trigger Event and ending on the earlier of:-
4.5.1 the date six months after the Trigger Event; and
4.5.2 the date (if any) upon which the Premises are re-let. 5 Any provision of this Schedule which is rendered void by virtue of section 25 of the Landlo...
Paragraphs 4. 2 to 4.4 are all subject to Client fulfilling dependencies identified against the relevant KPI. To the extent Client does not fulfil a dependency, the Contractor shall be relieved performance against the relevant KPI.
Paragraphs 4. 1 and 4.2 shall not apply to Tax to the extent that:
4.3.1 it is Tax in respect of which the Seller is liable to make a payment under paragraph 1 of Part C to this Schedule; or
4.3.2 it is Tax which has been recovered under section 717(2) CTA 2010 (and the Seller shall procure that no such recovery is sought to the extent that payment is made hereunder).
Paragraphs 4. 1.1, 4.1.2, 4.1.3, 4.1.6, 4.1.7, 4.1.8 and 4.1.9 shall apply to the covenants in paragraph 2.3, as if references to the "Purchaser" were replaced with references to the "Seller" (and vice versa) and "Purchaser's Group Undertaking" were replaced with "Seller’s Group Company" (and vice versa) and making any other necessary modifications.
Paragraphs 4. 2 and 4.4 of this Schedule apply (without prejudice to any other rights of the Lessor against the Assignor or any other person) if there is a Trigger Event.
