Common use of Remedies Under Federal Bankruptcy Laws Clause in Contracts

Remedies Under Federal Bankruptcy Laws. Neither this Agreement nor any rights or privileges under his Agreement shall be an asset of Concessionaire in any bankruptcy, insolvency, or reorganization proceeding. If County is not permitted to terminate this Agreement because of the provisions of any Applicable Laws, including, but not limited to, the United States Bankruptcy Code, Concessionaire or any trustee for it shall, within fifteen (15) Days, upon request by County to the applicable court of administrative body, assume or reject this Agreement, provided, however, that Concessionaire may not assume this Agreement unless all Events of Default have been cured, County shall have been compensated for any monetary loss resulting from such Events of Default, and County shall be provided with adequate assurance of full and timely performance of all provisions, terms, and conditions of this Agreement on the part of Concessionaire to be performed. Notwithstanding the foregoing, to the greatest extent permitted under applicable law, upon the filing by or against Concessionaire of any proceeding under federal bankruptcy laws, if there has been an Event of Default within the six (6) months preceding such filing, County shall have the right to immediately terminate this Agreement, in addition to other remedies provided under provisions of any Applicable Laws, including, but not limited to, the United States Bankruptcy Code. Such termination shall be by written notice to Concessionaire within sixty (60) Days after the date of Concessionaire's initial filing in bankruptcy court.

Appears in 2 contracts

Samples: Concession Lease and Operating Agreement Between Broward County And, Concession Lease and Operating Agreement Between Broward County And

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Remedies Under Federal Bankruptcy Laws. Neither this Agreement nor any rights or privileges under his this Agreement shall be an asset of Concessionaire Lessee in any bankruptcy, insolvency, or reorganization proceeding. If County is not permitted to terminate this Agreement because of the provisions of any Applicable Lawsapplicable laws, including, but not limited to, the United States Bankruptcy Code, Concessionaire Lessee or any trustee for it shall, within fifteen (15) Daysdays, upon request by County to the applicable court of administrative body, assume or reject this Agreement, ; provided, however, that Concessionaire Lessee (or successor) may not assume this Agreement unless all Events of Default have been cured, County shall have been compensated for any monetary loss resulting from such Events of Default, and County shall be provided with adequate assurance of full and timely performance of all provisions, terms, and conditions of this Agreement on the part of Concessionaire Lessee to be performed. Notwithstanding the foregoing, to the greatest extent permitted under applicable law, upon the filing by or against Concessionaire Lessee of any proceeding under federal bankruptcy laws, if there has been an Event of Default within the six (6) months preceding such filing, County shall have the right to immediately terminate this Agreement, in addition to other remedies provided under provisions of any Applicable Laws, including, but not limited to, the United States Bankruptcy Code. Such termination shall be by written notice to Concessionaire Lessee within sixty (60) Days days after the date of Concessionaire's Xxxxxx’s initial filing in bankruptcy court.

Appears in 1 contract

Samples: Lease Agreement

Remedies Under Federal Bankruptcy Laws. Neither this Agreement nor any rights or privileges under his this Agreement shall be an asset of Concessionaire Lessee in any bankruptcy, insolvency, or reorganization proceeding. If County is not permitted to terminate this Agreement because of the provisions of any Applicable Lawsapplicable laws, including, but not limited to, the United States Bankruptcy Code, Concessionaire Lessee or any trustee for it shall, within fifteen (15) Daysdays, upon request by County to the applicable court of or administrative body, assume or reject this Agreement, ; provided, however, that Concessionaire Lessee (or successor) may not assume this Agreement unless all Events of Default have been cured, County shall have been compensated for any monetary loss resulting from such Events of Default, and County shall be provided with adequate assurance of full and timely performance of all provisions, terms, and conditions of this Agreement on the part of Concessionaire Lessee to be performed. Notwithstanding the foregoing, to the greatest extent permitted under applicable law, upon the filing by or against Concessionaire Lessee of any proceeding under federal bankruptcy laws, if there has been an Event of Default within the six (6) months preceding such filing, County shall have the right to immediately terminate this Agreement, in addition to other remedies provided under provisions of any Applicable Lawsapplicable laws, including, but not limited to, the United States Bankruptcy Code. Such termination shall be by written notice to Concessionaire Lessee within sixty (60) Days days after the date of Concessionaire's Xxxxxx’s initial filing in bankruptcy court.

Appears in 1 contract

Samples: Marine Terminal Lease and Operating Agreement

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Remedies Under Federal Bankruptcy Laws. Neither this Agreement nor any rights or privileges under his this Agreement shall be an asset of Concessionaire Lessee in any bankruptcy, insolvency, or reorganization proceeding. If County is not permitted to terminate this Agreement because of the provisions of any Applicable Lawsapplicable laws, including, but not limited to, the United States Bankruptcy Code, Concessionaire Lessee or any trustee for it shall, within fifteen (15) Daysdays, upon request by County to the applicable court of administrative body, assume or reject this Agreement, ; provided, however, that Concessionaire Lessee (or successor) may not assume this Agreement unless all Events of Default have been cured, County shall have been compensated for any monetary loss resulting from such Events of Default, and County shall be provided with adequate assurance of full and timely performance of all provisions, terms, and conditions of this Agreement on the part of Concessionaire Lessee to be performed. Notwithstanding the foregoing, to the greatest extent permitted under applicable law, upon the filing by or against Concessionaire Lessee of any proceeding under federal bankruptcy laws, if there has been an Event of Default within the six (6) months preceding such filing, County shall have the right to immediately terminate this Agreement, in addition to other remedies provided under provisions of any Applicable Laws, including, but not limited to, the United States Bankruptcy Code. Such termination shall be by written notice to Concessionaire Lessee within sixty (60) Days days after the date of Concessionaire's Lessee’s initial filing in bankruptcy court.

Appears in 1 contract

Samples: Lease Agreement

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