Common use of Re-entry Clause in Contracts

Re-entry. Without prejudice to any other rights or remedies of the Landlord if: (i) any of the rents reserved by this Lease is in arrears for fourteen days after it becomes due (whether or not it has been legally demanded); or (ii) there is any breach of any of the tenant's covenants in this Lease or any of the surety's covenants in this Lease; or (iii) any person comprised in the Tenant or any person comprised in a surety who at any time guarantees the obligations of the Tenant: (a) enters into any scheme, compromise, moratorium or arrangement with any of its creditors; or (b) has an execution, sequestration or other process levied on any of its assets which is not discharged within fourteen days; or (iv) any such person being a company incorporated in the United Kingdom: (a) is struck off the register of companies; or (b) being an unlimited company is registered with limited liability; or (c) has an administrator appointed; or (d) has a winding up order made against it or it otherwise enters into a voluntary winding up or a meeting is convened for the purpose of considering a resolution for its winding up (other than a voluntary winding up of a solvent company for the purpose of amalgamation or reconstruction); or (e) has a receiver or administrative receiver appointed over all or any of its assets or has an encumbrancer take possession or exercise any power of sale over all or any of its assets; or (f) is deemed to be unable to pay its debts within the meaning of section 123 of the Insolvency Xxx 0000; or (v) any such person being an individual: (a) has a bankruptcy order made against him; or (b) is the subject of an order or appointment under section 253, 273 or 286 of the Insolvency Xxx 0000; or (c) appears to be unable to pay or to have any reasonable prospect of being able to pay his debts within the meaning of sections 267 and 268 of the Insolvency Xxx 0000; or (vi) any circumstances exist or event occurs with respect to any such person in any jurisdiction which has an effect equivalent or similar to any of those mentioned in this clause then the Landlord may at any time re-enter the demised premises or any part in the name of the whole and forfeit this Lease whereupon this Lease and the term created by it shall come to an end.

Appears in 3 contracts

Samples: Lease Agreement (Lecg Corp), Lease Agreement (Lecg Corp), Lease Agreement (Lecg Corp)

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Re-entry. Without prejudice to any other rights or remedies of the Landlord provisions contained in this Lease, if: (ia) any of the rents reserved by this Lease are unpaid for 21 days after becoming payable (whether formally demanded or not); (b) the Tenant is in arrears for fourteen days after it becomes due (whether or not it has been legally demanded); or (ii) there is any breach of any of the tenant's covenants in this Lease or any of the surety's covenants its obligations in this Lease; or; (iiic) any person comprised the Tenant (being a company) enters into liquidation whether compulsory or voluntary (other than for the purpose of reconstruction or amalgamation not involving a realisation of assets) or a resolution is passed or a petition is presented for such liquidation; (d) an administrator is appointed in respect of the Tenant pursuant to the Insolvency Xxx 0000 or the Insolvent Partnerships Order or application is made for such administration or notice is given under paragraph 15 or 26 of Schedule B1 to the Insolvency Xxx 0000 (as amended); (e) a receiver is appointed in respect of the Tenant or any person comprised in a surety who at any time guarantees the obligations assets of the Tenant: (a) enters into any scheme, compromise, moratorium or arrangement with any of its creditors; or (b) has an execution, sequestration or other process levied on any of its assets which is not discharged within fourteen days; or (iv) any such person being a company incorporated in the United Kingdom: (a) is struck off the register of companies; or (b) being an unlimited company is registered with limited liability; or (c) has an administrator appointed; or (d) has a winding up order made against it or it otherwise enters into a voluntary winding up or a meeting is convened for the purpose of considering a resolution for its winding up (other than a voluntary winding up of a solvent company for the purpose of amalgamation or reconstruction); or (e) has a receiver or administrative receiver appointed over all or any of its assets or has an encumbrancer take possession or exercise any power of sale over all or any of its assets; or; (f) (where the Tenant comprises or includes one or more individuals) a bankruptcy order is deemed to be made against any such individual or a petition is presented for such bankruptcy order; (g) the Tenant becomes insolvent or unable to pay its debts within the meaning of section 123 Insolvency Act 1986 or makes a proposal for or enters into any composition with its or his creditors or makes a proposal for or enters into a voluntary arrangement (within the meaning of section 1 or section 253 Insolvency Act 1986); (h) distress, sequestration or execution is levied on the Tenant’s goods; (i) any of the Insolvency Xxx 0000above events occurs in relation to the Surety (excluding for this purpose any person whose liability at the time of such event derives from an Authorised Guarantee Agreement); or (vj) any such person being an individual: (a) has a bankruptcy order made against him; or (b) is the subject of an order or appointment under section 253, 273 or 286 event analogous to any of the Insolvency Xxx 0000; or (c) appears to be unable to pay or to have any reasonable prospect of being able to pay his debts within the meaning of sections 267 and 268 of the Insolvency Xxx 0000; or (vi) any circumstances exist or event above events occurs with respect to any such person in any jurisdiction which has an effect equivalent or similar to any of those mentioned in this clause other than England and Wales then the Landlord may at any time re-enter the demised premises Premises or any part of the Premises in the name of the whole and forfeit immediately this Lease whereupon shall terminate absolutely but without prejudice to any rights of the Landlord in respect of any breach of any of the obligations on the Tenant’s part in this Lease and the term created by it shall come to an endLease.

Appears in 2 contracts

Samples: Lease Agreement (Gw Pharmaceuticals PLC), Agreement for Lease (Gw Pharmaceuticals PLC)

Re-entry. Without prejudice to any other rights right remedy or remedies power of the Landlord if:it will be lawful for the Landlord or any person authorised by the Landlord to re-enter the Premises if:- (i) 1.1 any of the rents reserved by this Lease is in arrears Rents remain unpaid for fourteen days after it becomes due (whether formally demanded or not it has been legally demanded); in the case of the Yearly Rent only) or (ii) 1.2 there is any breach of any obligation of the tenant's covenants Tenant under this Underlease or 1.3 the Tenant and/or the Surety (if any) being a body corporate:- 1.3.1 has a winding-up resolution passed by a meeting of its members (otherwise than in this Lease connection with a member’s voluntary winding-up for the purposes of an amalgamation or any a reconstruction that has the prior written approval of the surety's covenants in this Lease; Landlord such approval not to be unreasonably withheld or delayed) or 1.3.2 has a resolution passed by a meeting of its directors to seek a winding up order or an administration order or to appoint an administrator or 1.3.3 presents or its directors present or it has presented against it a petition for a winding up order or an administration application is made or a winding-up or administration order is made or 1.3.4 issues or its directors or the holder of a qualifying floating charge (iiias defined in Schedule B1 of the Insolvency Act 1986) issues a notice of appointment or of intention to appoint an administrator or 1.3.5 is the subject of a proposal for or becomes subject to any person comprised in voluntary arrangement or its directors take steps to obtain a moratorium (whether under Part I of the Insolvency Xxx 0000 or otherwise) or 1.4 the Tenant and/or the Surety (if any) are comprised of one or any person comprised more individuals in a surety who at any time guarantees partnership (whether alone or together with others) and the obligations of the Tenant:partnership:- (a) enters into any scheme, compromise, moratorium or arrangement with any of its creditors; or (b) has an execution, sequestration or other process levied on any of its assets which is not discharged within fourteen days; or (iv) any such person being a company incorporated in the United Kingdom: (a) is struck off the register of companies; or (b) being an unlimited company is registered with limited liability; or (c) has an administrator appointed; or (d) 1.4.1 has a winding up resolution passed by a meeting of the partners (otherwise than in connection with a voluntary winding-up for the purposes of an amalgamation or a reconstruction that has the prior written approval of the Landlord such approval not to be unreasonably withheld or delayed) or 1.4.2 has a resolution passed by a meeting of the partners to seek a winding up order or an administration order or the appointment of an administrator or 1.4.3 presents a petition for a winding up or joint bankruptcy order or makes an administration application or a petition for a winding up or joint bankruptcy order is presented against it or an administration application is made against it or it otherwise enters into an administration order is made or 1.4.4 issues a voluntary winding up notice of appointment or a meeting of intention to appoint an administrator or 1.4.5 is convened for the purpose of considering a resolution for its winding up (other than a voluntary winding up subject of a solvent company proposal for or becomes subject to any voluntary arrangement or the purpose of amalgamation or reconstruction); or (e) has partners take steps to obtain a receiver or administrative receiver appointed over all or any of its assets or has an encumbrancer take possession or exercise any power of sale over all or any of its assets; or (f) is deemed to be unable to pay its debts within the meaning of section 123 moratorium under Part I of the Insolvency Xxx 0000; 0000 or 1.5 the Tenant and/or the Surety (vif any) being one or more individuals (whether or not in partnership together) and where the Tenant or the Surety comprise one or more individuals any such person being an individual:one of them:- (a) 1.5.1 has a bankruptcy order made against him; him or (b) is the subject of 1.5.2 makes an application for an interim order or appointment a proposal for a voluntary arrangement is made under section 253, 273 or 286 Part VIII of the Insolvency Xxx 0000; 0000 or 1.6 The Tenant and/or the Surety (cif any) appears to be unable to pay in any case:- 1.6.1 has a receiver (administrative or to have any reasonable prospect otherwise) appointed over all or part of being able to pay its or his debts within the meaning of sections 267 and 268 of the Insolvency Xxx 0000; assets or (vi) 1.6.2 has possession taken of all or substantially all of its assets by a secured party or becomes subject to an execution attachment sequestration or other legal order over all or substantially all of its or his assets or 1.6.3 proposes or makes any circumstances exist general assignment composition or event occurs arrangement with respect or for the benefit of all or some of its or his creditors or 1.6.4 suspends or threatens to suspend making payments to all or some of its or his creditors or 1.7 any such person analogous or equivalent proceedings actions or events to those referred to in paragraphs 1.3 and/or 1.4 and/or 1.5 and/or 1.6 of this schedule are instituted or occur in any jurisdiction which has an effect equivalent other than England and Wales or 1.8 any distress or similar execution is levied on the Premises AND upon re-entry the Term will determine but without prejudice to any claim by either party against the other in respect of those mentioned in any antecedent breach of any obligation under this clause then the Landlord may at any time re-enter the demised premises or any part in the name of the whole and forfeit this Lease whereupon this Lease and the term created by it shall come to an end.Underlease

Appears in 1 contract

Samples: Lease Agreement (Edwards Group LTD)

Re-entry. Without prejudice to any other rights or remedies of If and whenever during the Landlord ifTerm: 6.1 the rents (i) or any of the rents reserved by them) under this Lease is in arrears lease are outstanding for fourteen days after it becomes becoming due (whether formally demanded or not it has been legally demanded); or (ii) 6.2 there is any a material breach by the Tenant of any covenant or other term of the tenant's covenants in this Lease or any of the surety's covenants in document supplement to this Lease; lease or (iii) any person comprised in 6.3 the Tenant or any person comprised in Guarantor being a surety who at any time guarantees the obligations of the Tenant:company:- (a) enters into any scheme, compromise, moratorium is unable or arrangement with any admits its inability to pay its debts when they become due (whether within the circumstances specified in Section 123 of its creditors; the Insolvency Act 1986 or otherwise) or (b) has an execution, sequestration a proposal is made to its creditors for a voluntary arrangement under Part I of the Insolvency Xxx 0000 or other process levied on any it enters into a voluntary arrangement or it enters into another scheme of arrangement with its creditors in satisfaction or composition of its assets which is not discharged within fourteen days; or (iv) any such person being a company incorporated in the United Kingdom: (a) is struck off the register of companies; or (b) being an unlimited company is registered with limited liability; debts or (c) has a petition is presented for an administrator appointed; Administration Order under Part II of the Insolvency Xxx 0000 or an Administration Order is made or (d) has a receiver or administrative receiver is appointed over any of its assets or undertaking or (e) a resolution to wind up is passed or a provisional liquidator is appointed or a petition is presented for winding up or a winding up order is made against it or it otherwise enters into under Part IV of the Insolvency Xxx 0000 (save in the case of a voluntary winding up or a meeting is convened for the purpose of considering a resolution for its winding up (other than a voluntary winding up of a solvent company solely for the purpose of amalgamation or reconstruction); or (ereconstruction if the Tenant can first demonstrate to the satisfaction of the Landlord that the covenant of the company will be as strong after as it was before the reconstruction or amalgamation) has a receiver or administrative receiver appointed over all or any of its assets or has an encumbrancer take possession or exercise any power of sale over all or any of its assets; or (f) a proposal is deemed to be unable to pay its debts within made for a scheme of arrangement under Section 425 of the meaning of section 123 Companies Xxx 0000 or (g) a provisional liquidator is appointed under Section 135 of the Insolvency Xxx 0000; or (v) any such person 6.4 the Tenant or Guarantor being an individual: (a) has a bankruptcy order made against him; or (b) is the subject of an application made for an interim order or appointment a proposal is made for a voluntary arrangement under section 253, 273 or 286 Part VIII of the Insolvency Xxx 0000; 0000 or (b) a bankruptcy petition is presented to the court or the circumstances of the individual are such that a bankruptcy petition could be presented under Part IX of the Insolvency Xxx 0000 or (c) appears to be unable to pay the individual enters into a deed of arrangement or to have any reasonable prospect of being able to pay his debts within the meaning of sections 267 and 268 of the Insolvency Xxx 0000; composition with its creditors or (vid) a receiver is appointed under the Mental Health Xxx 0000 or the individual becomes incapable or managing his affairs or (e) the individual dies or (f) a receiver or receiver and manager is appointed over any of the assets of the individual 6.5 the Tenant or Guarantor being a partnership:- (a) proposes to enter into a voluntary arrangement under Part II of the Insolvent Partnerships Order 1994 (“the 1994 Order”) or (b) a petition is presented for an administration order under Part III of the 1994 Order or an Administration Order is made or (c) a petition is presented for winding up as an unregistered company under Part IV or V or the Insolvency Order or (d) any events or circumstances exist applicable to individuals under clause 6.5 hereof occur in respect of an individual member of a partnership or event occurs with respect to the partnership assets 6.6 the Tenant has any such person distress or execution levied on its goods at the Demised Premises which is not discharged in any jurisdiction which full within 21 days after the levy has an effect equivalent or similar to any of those mentioned in this clause then been made the Landlord may at any time re-enter the demised premises Demised Premises (or any part of them in the name of the whole whole) at any time (and forfeit even if any previous right of re-entry has been waived) and then the Term will absolutely cease but without prejudice to any rights or remedies which may have accrued to the Landlord against the Tenant or any Guarantor in respect of any breach of covenant or other term of this Lease whereupon this Lease and lease (including the term created by it shall come to an end.breach in respect of which the re-entry is made)

Appears in 1 contract

Samples: Lease (@Road, Inc)

Re-entry. Without (1) If an Event of Default occurs then notwithstanding the waiver of any previous right of re-entry the Landlord may re-enter the Property or any part of it when the Term shall cease but without prejudice to any other rights or remedies which may then have accrued to any party against another in respect of any antecedent breach (including the Landlord if: (ibreach in respect of which re-entry is made) any of the rents reserved by this Lease is in arrears for fourteen days after it becomes due (whether or not it has been legally demanded); or (ii) there is any breach of any of the tenant's covenants in this Lease or any of the surety's covenants obligations contained in this Lease; or. (iii2) In this clause an Event of Default is any person comprised in the Tenant or any person comprised in a surety who at any time guarantees the obligations one of the Tenantfollowing: (a) enters into the Rent or any scheme, compromise, moratorium part of it is in arrear and unpaid for seven Business Days after becoming payable (whether formally demanded or arrangement with any of its creditorsnot); or or (b) has an execution, sequestration or other process levied on a breach by the Tenant of any of its assets which is not discharged within fourteen daysthe covenants by the Tenant in this Lease; or (iv) any such person being a company incorporated in the United Kingdom: (a) is struck off the register of companies; or (b) being an unlimited company is registered with limited liability; or or (c) has an administrator appointed; or the Tenant (dbeing a company) has is deemed unable to pay its debts under section 123 of the Insolvency Xxx 0000 or the Tenant or any Guarantor (being a winding up order made against it or it otherwise enters into a voluntary winding up or a meeting is convened for the purpose of considering company) passes a resolution for its winding winding-up or the directors of any of them present a petition for winding-up or an order for the winding-up of the Tenant or any Guarantor is made (other than (in any such case) a voluntary winding winding-up of a solvent company for the purpose purposes of amalgamation or reconstruction)) or the Tenant or any Guarantor is dissolved; or or (d) the Tenant (being a company) has an administrative or other receiver or a manager appointed of the whole or any part of its property or a petition is presented for an administration order or an administration order is made in respect of the Tenant or any Guarantor; or (e) has the Tenant (being a receiver company) being registered as an unlimited company is re-registered as a limited company without the previous consent of the Landlord; or administrative receiver appointed over all (f) the Tenant (being an individual) presents a petition for a bankruptcy order to be made against him or a bankruptcy order is made against the Tenant or any Guarantor; or (g) in relation to the Tenant (whether an individual or a company) a proposal is made or the Tenant (whether a company or an individual) enters into any kind of composition, scheme of arrangement, compromise or arrangement for the benefit of creditors or any class of creditors or permits or suffers any distress or execution to be levied on his goods; or (h) there occurs in relation to the Tenant in any country or territory in which any of them carries on business or to the jurisdiction of whose courts any of them or any of its assets or has an encumbrancer take possession or exercise any power the property of sale over all or any of its assets; or (f) them is deemed to be unable to pay its debts within the meaning of section 123 of the Insolvency Xxx 0000; or (v) any such person being an individual: (a) has a bankruptcy order made against him; or (b) is the subject of an order or appointment under section 253, 273 or 286 of the Insolvency Xxx 0000; or (c) appears to be unable to pay or to have any reasonable prospect of being able to pay his debts within the meaning of sections 267 and 268 of the Insolvency Xxx 0000; or (vi) any circumstances exist or event occurs with respect to any such person event which corresponds in any jurisdiction which has an effect equivalent that country or similar to territory with any of those mentioned in this clause then paragraphs (c) to (g) above or the Landlord may at Tenant otherwise becomes subject in any time re-enter the demised premises such country or territory to any part in the name of the whole and forfeit this Lease whereupon this Lease and the term created by it shall come law relating to an endinsolvency, bankruptcy or winding up.

Appears in 1 contract

Samples: Agreement for Lease (Exodus Communications Inc)

Re-entry. Without prejudice to any other rights or remedies of the Landlord if: (i) any of the rents rent reserved by this Lease Underlease is in arrears for fourteen twenty one days after it becomes due (whether or not it has been legally demanded); or (ii) there is any breach of any of the tenant's ’s covenants in this Lease or any of the surety's covenants in this LeaseUnderlease; or (iii) any person comprised in the Tenant Tenant, or the Surety, or any person comprised in a surety other party who at any time guarantees the obligations of the Tenant: (a) A. enters into any scheme, compromise, moratorium or arrangement with any of its creditorscreditors other than in the normal course of business and not involving a reduction in capital; or (b) B. has an execution, distress, sequestration or other process levied on any of its assets which is not discharged within fourteen twenty-one days; or (iv) the Tenant or the Surety or any such person other surety being a company incorporated in the United Kingdom: (a) A. is struck off the register of companies; or (b) B. being an unlimited company is registered with limited liability; or C. has a petition presented for the appointment of an administrator (cotherwise than for frivolous or vexatious reasons) which in any case has not been withdrawn within twenty one days or has an administrator appointed; or D. has a petition presented for its winding up (dotherwise than for frivolous or vexatious reasons) which in any case has not been withdrawn within twenty-one days or has a winding up order made against it it, or it otherwise enters into a voluntary winding up or a meeting is convened for the purpose of considering a resolution for its winding up, or a meeting is convened for the purpose of considering a resolution for its winding up (other than a voluntary winding up of a solvent company for the purpose of amalgamation or reconstructionreconstruction or any amalgamation, merger or reconstruction resulting in a solvent corporation); or (e) E. has a receiver or administrative receiver appointed over all or any of its assets or has an encumbrancer take possession or exercise any power of sale over all or any of its assets; or (f) is deemed to be unable to pay its debts within the meaning of section 123 of the Insolvency Xxx 0000; or; (v) any such person the Tenant or the Surety being an individual: A. has a petition presented for his bankruptcy (aotherwise than for frivolous or vexatious reasons) which in any case has not been withdrawn within twenty-one days or has a bankruptcy order made against him; or (b) B. is the subject of an order or appointment under section 253, 273 or 286 of the Insolvency Xxx 0000; or (c) appears to be C. is unable to pay or to have any reasonable prospect of being able to pay his debts within the meaning of sections 267 and 268 of the Insolvency Xxx 0000; or; (vi) any circumstances exist or event occurs with respect to the Tenant, or the Surety, or any such person other surety in any jurisdiction which has an effect equivalent or similar to any of those mentioned in this clause then the Landlord may at any time re-enter the demised premises Demised Premises or any part in the name of the whole and forfeit this Lease Underlease whereupon this Lease Underlease and the term Term created by it shall come to an end.

Appears in 1 contract

Samples: Underlease (Forrester Research, Inc.)

Re-entry. Without prejudice to If 5.1.1 the Rents or any other rights or remedies of the Landlord if: (i) any of the rents reserved by this Lease is part thereof shall be in arrears for fourteen 21 days next after it becomes due becoming payable (whether formally demanded or not it has been legally demanded); not) or (ii) 5.1.2 there is shall be any breach non-performance or non-observance of any of the tenantTenant's covenants in this Lease or 5.1.3 the Tenant shall enter into any arrangement or any composition for the benefit of the suretyTenant's covenants in this Lease; creditors or convene a meeting of the Tenant's creditors (or a nominee calls such a meeting on its behalf) or shall suffer any distress or execution to be levied on the Tenant's goods on the Premises or (iii) any person comprised in 5.1.4 the Tenant or any person comprised in a surety who at any time guarantees the obligations of for the Tenant: (a) enters into any scheme, compromise, moratorium is the subject of an interim order under Part VIII of the Insolvency Xxx 0000 or arrangement with any of its creditors; makes application to the Court for such an order or (b) has an execution, sequestration or other process levied on any of its assets which is not discharged within fourteen days; or (iv) any such person being makes a company incorporated in the United Kingdom: (a) is struck off the register of companies; or (b) being an unlimited company is registered with limited liability; voluntary arrangement under that Part or (c) has a bankruptcy order made against him or a bankruptcy petition presented against him or 5.1.5 a receiver receiver and manager or administrative receiver is appointed of all or any of the assets of the Tenant or any surety of the Tenant or 5.1.6 the Tenant or a surety for the Tenant (being a company) (a) makes a voluntary arrangement or submits to its creditors or any of them a proposal under Part I of the Insolvency Xxx 0000 or (b) makes an administrator appointed; application to the Court under section 425 of the Companies Xxx 0000 or resolves to make such an application or (c) has a petition for an administration order under Part II of the Insolvency Xxx 0000 presented against it or is the subject of such an order or is subject to a resolution passed by its directors or shareholders for the presentation of a petition for such an order or (d) has a petition for winding up presented against it or is the subject of a resolution for voluntary winding up otherwise than for the purpose of an amalgamation or reconstruction of a solvent company which has been approved by the Landlord (such approval not to be unreasonably withheld or delayed) or in the event that a meeting of creditors is called to consider a resolution for winding up or (e) has an interim order or winding up order made against it or it otherwise enters into a voluntary winding up or a meeting is convened for the purpose of considering a resolution for its winding up (other than a voluntary winding up of a solvent company for the purpose of amalgamation or reconstruction); or (e) has a receiver or administrative receiver appointed over all or any of its assets or has an encumbrancer take possession or exercise any power of sale over all or any of its assets; or (f) is deemed ceases to exist it shall be unable to pay its debts within the meaning of section 123 of the Insolvency Xxx 0000; or (v) any such person being an individual: (a) has a bankruptcy order made against him; or (b) is the subject of an order or appointment under section 253, 273 or 286 of the Insolvency Xxx 0000; or (c) appears to be unable to pay or to have any reasonable prospect of being able to pay his debts within the meaning of sections 267 and 268 of the Insolvency Xxx 0000; or (vi) any circumstances exist or event occurs with respect to any such person in any jurisdiction which has an effect equivalent or similar to any of those mentioned in this clause then lawful for the Landlord may at any time thereafter to re-enter the demised premises Premises or any part thereof in the name of the whole and forfeit this Lease whereupon this Lease thereupon the Term shall absolutely determine but without prejudice to any rights of action of the Landlord or the Tenant in respect of any antecedent breach by the other of any of the covenants herein 5.1.7 it is hereby agreed and declared that in the event that the Tenant comprises more than one person firm or body then the Landlord will be entitled to re-enter the Premises and the term created by it Term shall come thereupon absolutely determine upon the happening of any of the events referred to an endin clauses 5.1. 3 5.1.4 5.1. 5 and 5.1.6 hereof in relation to any one of them

Appears in 1 contract

Samples: Lease (Hawker Pacific Aerospace)

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Re-entry. Without Notwithstanding and without prejudice to any other rights remedies and powers contained in this Lease or remedies of otherwise available to the Landlord if: (i) 8.1.1 the Rents reserved or any of part thereof are unpaid for 21 days after becoming payable whether formally demanded or not; or 8.1.2 any covenant on the rents reserved by Tenant's part or condition contained in this Lease is not materially performed or observed and in arrears for fourteen days after it becomes due (whether or not it has been legally demanded); or (ii) there is any breach event any minor breaches of any of the tenant's repairing and decorating covenants in this Lease or any shall not constitute a breach for the purpose of the surety's covenants in this Leaseclause 8.1.2; or (iii) any person comprised 8.1.3 in relation to the Tenant (or any person comprised in the Surety) for the time being (being a surety who at any time guarantees the obligations of the Tenant:company): (a) enters it has in respect of it a moratorium come into any scheme, compromise, moratorium force under section 1(A) and schedule A1 of the Insolvency Act 1986 or its directors resolve to make a proposal for xxxxxxxry arrangement with any under the Insolvency Act 1986 or it has meetings convened for the approval of its creditorsx xxxxxtary arrangement under the Insolvency Act 1986 or a proposal for a voluntary arrangement is maxx xx xxspect of it under the Insolvency Act 1986 or a voluntary arrangement in respect of it undxx xxx Xnsolvency Act 1986 is approved; or (b) has it or its directors resolve to xxxxxxx an execution, sequestration administrator of it or other process levied on to apply to court for an administration order in respect of it or an application for an administration order in respect of it is made or any step pursuant to Insolvency Act 1986 schedule B1 and/or the Insolvency Rules 1986 is xxxxx xo appoint an administrator to it out of its assets which is not discharged within fourteen days; or (iv) any such person being a company incorporated in the United Kingdom: (a) is struck off the register of companies; or (b) being an unlimited company is registered with limited liabilitycourt or it enters administration; or (c) has an administrator appointedit suffers the appointment of a Law of Property Act 1925, court appointed or other receiver or receiver xxx xxxxger, or similar officer appointed over or in relation to the whole of its undertaking, property, revenue or assets or any part thereof, or any person holding security over all or any of its undertaking, property, revenue or assets takes possession of them or any part of them; or (d) has it or its directors resolve to wind-up it up whether as a winding voluntary liquidation or a compulsory liquidation, or they take steps under the Insolvency Act 1986 and/or the Insolvency Rules 1986 to wind it up xxxxxxxxily or to apply to the court for a winding-up order made against in respect of it or it otherwise enters goes into liquidation within the meaning of that term under section 247 Insolvency Act 1986 or it has a voluntary winding winding-up petition presented againxx xx (xave for a winding-up petition which is frivolous, vexatious or a meeting an abuse of legal process and which is convened for the purpose withdrawn or dismissed within 7 days of considering a resolution for its winding up (other than a voluntary winding up of a solvent company for the purpose of amalgamation or reconstruction)it being served on it; or (e) has an application is made under section 425 of the Companies Act 1985 (as amended) or a receiver proposal is made which could xxxxxx xn such an application other than one for the purposes of an amalgamation or administrative receiver appointed over all or any of its assets or has an encumbrancer take possession or exercise any power of sale over all or any of its assetsreconstruction resulting in a solvent corporation and previously approved in writing by the Landlord; or (f) it enters or proposes to enter into any composition, compromise, moratorium, scheme or other similar arrangement with its creditors or any of them, whether or not under the Insolvency Act 1986; or (g) it is deemed dissolved, or is removed from the Rexxxxxx xf Companies, or ceases to be exist (whether or not capable of reinstatement or reconstitution); or (h) it is unable to pay or has no reasonable prospect of being able to its debts within the meaning of section 123 of Insolvency Act 1986, but disregarding the Insolvency Xxx 0000references therein to proxxxx xx to the court's satisfaction; or (vi) it is or becomes subject to, takes or has taken against it or in relation to it, or any such person being an individual:or all of its assets, any equivalent, analogous, corresponding or similar finding, steps, process or proceeding to those in clauses 8.1.3 (a) has a bankruptcy order made against him; or (b) is the subject of an order or appointment under section 253, 273 or 286 of the Insolvency Xxx 0000; or (c) appears to be unable to pay or to have any reasonable prospect of being able to pay his debts within the meaning of sections 267 and 268 of the Insolvency Xxx 0000; or (vi) any circumstances exist or event occurs with respect to any such person in any jurisdiction which has an effect equivalent or similar to any of those mentioned in this clause then the Landlord may at any time re-enter the demised premises or any part in the name of the whole and forfeit this Lease whereupon this Lease and the term created by it shall come to an end.8.1.3

Appears in 1 contract

Samples: Lease (Corporate Property Associates 16 Global Inc)

Re-entry. Without (1) If an Event of Default occurs then notwithstanding the waiver of any previous right of re-entry the Landlord may re-enter the Property or any part of it when the Term shall cease but without prejudice to any other rights or remedies which may then have accrued to the Landlord against the Tenant or any Guarantor in respect of any antecedent breach of any of the Landlord ifcovenants or obligations of the Tenant or any Guarantor in this Lease (including the breach in respect of which re-entry is made). (2) In this clause an Event of Default is any one of the following: (ia) the Rent or any part of the rents reserved by this Lease it is in arrears arrear and unpaid for fourteen days twenty one Business Days after it becomes due becoming payable (whether formally demanded or not it has been legally demandednot); or (iib) there is any a breach by the Tenant of any of the tenant's covenants in this Lease or any of by the surety's covenants Tenant in this Lease; or (iiic) any person comprised in the Tenant or any person comprised in (being a surety who at any time guarantees the obligations company) is deemed unable to pay its debts under section 123 of the Tenant: Insolvency Act 1986 or the Tenant (a) enters into any scheme, compromise, moratorium or arrangement with any of its creditors; or (b) has an execution, sequestration or other process levied on any of its assets which is not discharged within fourteen days; or (iv) any such person being a company incorporated in the United Kingdom: (acompany) is struck off the register of companies; or (b) being an unlimited company is registered with limited liability; or (c) has an administrator appointed; or (d) has a winding up order made against it or it otherwise enters into a voluntary winding up or a meeting is convened for the purpose of considering passes a resolution for winding-up or its winding directors of any of them present a petition for winding-up or an order for the winding-up of the Tenant is made (other than (in any such case) a voluntary winding winding-up of a solvent company for the purpose purposes of amalgamation or reconstruction)) or the Tenant is dissolved; or (d) the Tenant (being a company) has an administrative or other receiver or a manager appointed of the whole or any substantial part of its property or a petition is presented for an administration order or an administration order is made in respect of the Tenant ; or (e) has the Tenant (being a receiver or administrative receiver appointed over all or any company), being registered as an unlimited company, is re-registered as a limited company without the previous consent of its assets or has an encumbrancer take possession or exercise any power of sale over all or any of its assetsthe Landlord; or (f) is deemed the Tenant (being an individual) presents a petition for a bankruptcy order to be unable to pay its debts within made against him or a bankruptcy order is made against the meaning of section 123 of the Insolvency Xxx 0000Tenant ; or (vg) in relation to the Tenant (whether an individual or a company) a proposal is made or the Tenant enters into any such person being an individual: (a) has a bankruptcy order made against himkind of composition, scheme of arrangement, compromise or arrangement for the benefit of creditors or any class of creditors or permits or suffers any execution to be levied on his goods; or (bh) is there occurs in relation to the subject Tenant in any country or territory in which any of an order them carries on business or appointment under section 253, 273 to the jurisdiction of whose courts any of them or 286 any of the Insolvency Xxx 0000; or (c) appears to be unable to pay property of any of them is subject any event which corresponds in that country or to have any reasonable prospect of being able to pay his debts within the meaning of sections 267 and 268 of the Insolvency Xxx 0000; or (vi) any circumstances exist or event occurs territory with respect to any such person in any jurisdiction which has an effect equivalent or similar to any of those mentioned in this clause then paragraphs (c) to (g) above or the Landlord may at Tenant otherwise becomes subject in any time re-enter the demised premises such country or territory to any part in the name of the whole and forfeit this Lease whereupon this Lease and the term created by it shall come law relating to an endinsolvency, bankruptcy or winding up.

Appears in 1 contract

Samples: Lease (Niagara Corp)

Re-entry. Without (1) If an Event of Default occurs then notwithstanding the waiver of any previous right of re-entry the Landlord may re-enter the Property or any part of it when the Term shall cease but without prejudice to any other rights or remedies which may then have accrued to any party against another in respect of any antecedent breach (including the breach in respect of which re-entry is made) of any of the Landlord ifcovenants or obligations contained in this Lease. (2) In this clause an Event of Default is any one of the following: (ia) the Rent or any part of the rents reserved by this Lease it is in arrears arrear and unpaid for fourteen days seven Business Days after it becomes due becoming payable (whether formally demanded or not it has been legally demandednot); or (iib) there is any a breach by the Tenant of any of the tenant's covenants in this Lease or any of by the surety's covenants Tenant in this Lease; or (iiic) any person comprised in the Tenant (being a company) is deemed unable to pay its debts under section 123 of the Insolvency Xxx 0000 or the Tenant or any person comprised in a surety who at any time guarantees the obligations of the Tenant: Guarantor (a) enters into any scheme, compromise, moratorium or arrangement with any of its creditors; or (b) has an execution, sequestration or other process levied on any of its assets which is not discharged within fourteen days; or (iv) any such person being a company incorporated in the United Kingdom: (acompany) is struck off the register of companies; or (b) being an unlimited company is registered with limited liability; or (c) has an administrator appointed; or (d) has a winding up order made against it or it otherwise enters into a voluntary winding up or a meeting is convened for the purpose of considering passes a resolution for its winding winding-up or the directors of any of them present a petition for winding-up or an order for the winding-up of the Tenant or any Guarantor is made (other than (in any such case) a voluntary winding winding-up of a solvent company for the purpose purposes of amalgamation or reconstruction)) or the Tenant or any Guarantor is dissolved; or (d) the Tenant (being a company) has an administrative or other receiver or a manager appointed of the whole or any part of its property or a petition is presented for an administration order or an administration order is made in respect of the Tenant or any Guarantor; or (e) has the Tenant (being a receiver or administrative receiver appointed over all or any company) being registered as an unlimited company is re-registered as a limited company without the previous consent of its assets or has an encumbrancer take possession or exercise any power of sale over all or any of its assetsthe Landlord; or (f) is deemed the Tenant (being an individual) presents a petition for a bankruptcy order to be unable to pay its debts within made against him or a bankruptcy order is made against the meaning of section 123 of the Insolvency Xxx 0000Tenant or any Guarantor; or (vg) any such person being in relation to the Tenant (whether an individual or a company) a proposal is made or the Tenant (whether a company or an individual: (a) has a bankruptcy order made against himenters into any kind of composition, scheme of arrangement, compromise or arrangement for the benefit of creditors or any class of creditors or permits or suffers any distress or execution to be levied on his goods; or (bh) is there occurs in relation to the subject Tenant in any country or territory in which any of an order them carries on business or appointment under section 253, 273 to the jurisdiction of whose courts any of them or 286 any of the Insolvency Xxx 0000; or (c) appears to be unable to pay or to have property of any reasonable prospect of being able to pay his debts within the meaning of sections 267 and 268 of the Insolvency Xxx 0000; or (vi) any circumstances exist or event occurs with respect them is subject to any such person event which corresponds in any jurisdiction which has an effect equivalent that country or similar to territory with any of those mentioned in this clause then paragraphs (c) to (g) above or the Landlord may at Tenant otherwise becomes subject in any time re-enter the demised premises such country or territory to any part in the name of the whole and forfeit this Lease whereupon this Lease and the term created by it shall come law relating to an endinsolvency, bankruptcy or winding up.

Appears in 1 contract

Samples: Agreement for Lease (Exodus Communications Inc)

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