Common use of Prior to Term Clause in Contracts

Prior to Term. If at or before the commencement of the term of this lease: (a) Tenant (or any guarantor of Tenant's obligations under this lease) shall file a petition commencing a voluntary case under the Bankruptcy Code (Title 11 of the United States Code), as now or hereafter in effect, or under similar law, or file a petition in bankruptcy or for reorganization or for an arrangement pursuant to any state insolvency law or any similar state law; (b) An involuntary case against Tenant (or any guarantor of Tenant's obligations under this lease) as debtor is commenced by a petition under the Bankruptcy Code (Title 11 of the United States Code), as now or hereafter in effect, or under similar law, or a petition or answer proposing the adjudication of Tenant (or any guarantor of Tenant's obligations under this lease) as a bankrupt or its reorganization pursuant to any state insolvency law or any similar state law shall be filed in any court and shall not be dismissed, discharged or denied within 60 days after the filing thereof, or if Tenant (or any guarantor of Tenant's obligations under this lease) shall consent or acquiesce in the filing thereof; (c) A custodian, receiver, United States Trustee, trustee or liquidator of Tenant or of all or substantially all of Tenant's property (or any guarantor of Tenant's obligations under this lease) or of the Demised Premises shall be appointed in any proceedings brought by Tenant; or if any such custodian, receiver, United States Trustee, trustee or liquidator shall be appointed in any proceedings brought against Tenant and shall not be discharged within 60 days after such appointment or if Tenant shall consent to or acquiesce in such appointment; or (d) If Tenant shall generally not pay Tenant's debts -41- 42 (or the guarantor of Tenant's obligations under this lease shall generally not pay its debts) as such debts become due, or shall make an assignment for the benefit of creditors, or shall admit in writing its inability to pay its debts generally as they become due; this agreement shall be deemed cancelled and terminated, in which event neither Tenant nor any person claiming through or under Tenant or by virtue of any statute or of an order of any court shall be entitled to possession of the Demised Premises, but Tenant shall remain liable for damages as provided in Article 34.

Prior to Term. If at or before the commencement of the term of this lease: (a) Tenant (or any guarantor of Tenant's obligations under this lease) shall file a petition commencing a voluntary case under the Bankruptcy Code (Title 11 of the United States Code), as now or hereafter in effect, or under similar law, or file a petition in bankruptcy or for reorganization or for an arrangement pursuant to any state insolvency law or any similar state law; (b) An involuntary case against Tenant (or any guarantor of Tenant's obligations under this lease) as debtor is commenced by a petition under the Bankruptcy Code (Title 11 of the United States Code), as now or hereafter in effect, or under similar law, or a petition or answer proposing the adjudication of Tenant (or any guarantor of Tenant's obligations under this lease) as a bankrupt or its reorganization pursuant to any state insolvency law or any similar state law shall be filed in any court and shall not be dismissed, discharged or denied within 60 days after the filing thereof, or if Tenant (or any guarantor of Tenant's obligations under this lease) shall consent or acquiesce in the filing thereof; (c) A custodian, receiver, United States Trustee, trustee or liquidator of Tenant or of all or substantially all of Tenant's property (or any guarantor of Tenant's obligations under this lease) or of the Demised Premises shall be appointed in any proceedings brought by Tenant; or if any such custodian, receiver, United States Trustee, trustee or liquidator shall be appointed in any proceedings brought against Tenant and shall not be discharged within 60 days after such appointment or if Tenant shall consent to or acquiesce in such appointment; or (d) If Tenant shall generally not pay Tenant's debts -41- 42 (or the guarantor of Tenant's obligations under this lease shall generally not pay its debts) as such debts become due, or shall make an assignment for the benefit of creditors, or shall admit in writing its inability to pay its debts generally generally, as they become due; this agreement shall be deemed cancelled canceled and terminated, in which event neither Tenant nor any person claiming through or under Tenant or by virtue of any statute or of an order of any court shall be entitled to possession of the Demised Premises, but Tenant shall remain liable for damages as provided in Article 34.

Prior to Term. If at or before the commencement of the term of this lease: (a) Tenant (or any guarantor of Tenant's obligations under this lease) shall file a petition commencing a voluntary case under the Bankruptcy Code (Title 11 of the United States Code), as now or hereafter in effect, or under similar law, or file a petition in bankruptcy or for reorganization or for an arrangement pursuant to any state insolvency law or any similar state law; (b) An involuntary case against Tenant (or any guarantor of Tenant's obligations under this lease) as debtor is commenced by a petition under the Bankruptcy Code (Title 11 of the United States Code), as now or hereafter in effect, or under similar law, or a petition or answer proposing the adjudication of Tenant (or any guarantor of Tenant's obligations under this lease) as a bankrupt or its reorganization pursuant to any state insolvency law or any similar state law shall be filed in any court and shall not be dismissed, discharged or denied within 60 days after the filing thereof, or if Tenant (or any guarantor of Tenant's obligations under this lease) shall consent or acquiesce in the filing thereof; (c) A custodian, receiver, United States Trustee, trustee or liquidator of Tenant or of all or substantially all of Tenant's property (or any guarantor of Tenant's obligations under this lease) or of the Demised Premises shall be appointed in any proceedings brought by Tenant; or if any such custodian, receiver, United States Trustee, trustee or liquidator shall be appointed in any proceedings brought against Tenant and shall not be discharged within 60 days after such appointment or if Tenant shall consent to or acquiesce in such appointment; or (d) If Tenant shall generally not pay Tenant's debts -41- 42 (or the guarantor of Tenant's obligations under this lease shall generally not pay its debts) as such debts become due, or shall make an assignment for the benefit of creditors, or shall admit in writing its inability to pay its debts generally as they become due; this agreement shall be deemed cancelled and terminated, in which event neither Tenant nor any person claiming through or under Tenant or by virtue of any statute or of an order of any court shall be entitled to possession of the Demised Premises, but Tenant shall remain liable for damages as provided in Article 34.

Prior to Term. If at or before the commencement of the term of this lease: (a) Tenant (or any guarantor of Tenant's obligations under this lease) shall file a petition commencing a voluntary case under the Bankruptcy Code (Title 11 of the United States Code), as now or hereafter in effect, or under similar law, or file a petition in bankruptcy or for reorganization or for an arrangement pursuant to any state insolvency law or any similar state law; (b) An involuntary case against Tenant (or any guarantor of Tenant's obligations under this lease) as debtor is commenced by a petition under the Bankruptcy Code (Title 11 of the United States Code), as now or hereafter in effect, or under similar law, or a petition or answer proposing the adjudication of Tenant (or any guarantor of Tenant's obligations under this lease) as a bankrupt or its reorganization pursuant to any state insolvency law or any similar state law shall be filed in any court and shall not be dismissed, discharged or denied within 60 90 days after the filing thereof, or if Tenant (or any guarantor of Tenant's obligations under this lease) shall consent or acquiesce in the filing thereof; (c) A custodian, receiver, United States Trustee, trustee or liquidator of Tenant or of all or substantially all of Tenant's ’s property (or any guarantor of Tenant's obligations under this lease) or of the Demised Premises shall be appointed in any proceedings brought by Tenant; or if any such custodian, receiver, United States Trustee, trustee or liquidator shall be appointed in any proceedings brought against Tenant and shall not be discharged within 60 90 days after such appointment or if Tenant shall consent to or acquiesce in such appointment; or (d) If Tenant shall generally not pay Tenant's ’s debts -41- 42 (or the guarantor of Tenant's obligations under this lease shall generally not pay its debts) as such debts become due, or shall make an assignment for the benefit of creditors, or shall admit in writing its inability to pay its debts generally as they become due; this agreement shall be deemed cancelled and terminated, in which event neither Tenant nor any person claiming through or under Tenant or by virtue of any statute or of an order of any court shall be entitled to possession of the Demised Premises, but Tenant shall remain liable for damages as provided in Article 3435.