Restoration of Security Deposit. If Landlord applies any portion of the Security Deposit pursuant to Section 4.7.1 above, Tenant shall, within thirty (30) days after demand by Landlord, deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount.
Restoration of Security Deposit. Return of Security Deposit 5
Restoration of Security Deposit. In the event Landlord reasonably uses any portion of the Security Deposit to cure any default hereunder, Tenant shall immediately make payment to Landlord of the amount necessary to restore the Security Deposit to the full dollar amount set forth in Section 1.
Restoration of Security Deposit. On or about April 25, 2004 ("LC Draw Date"), Landlord shall draw upon the Letter of Credit in the amount of $35,000.00 ("Second LC Draw") as restoration of the Security Deposit to such sum prior to the Landlord's First and Second Security Deposit Applications ("Security Deposit Restoration"). Tenant shall take all necessary actions with the Bank in connection therewith to provide Landlord with all necessary documentation with which to complete the Second LC Draw. If at anytime prior to the LC Draw Date, Landlord receives notice of any kind that the Letter of Credit is not being renewed, or if Tenant shall otherwise be in default under the Lease beyond any applicable cure period, then, in addition to any other right or remedy provided under the Lease, at law or in equity, Landlord shall be entitled to immediately draw upon the Letter of Credit and apply a portion of such proceeds against the Security Deposit Restoration. Notwithstanding such application, Landlord shall be entitled to pursue any remedies against Tenant under the Lease, at law or in equity, for any and all outstanding sums then owed to Landlord under the Lease. In the event Tenant fails to pay Landlord any payments of its Rent as provided herein, or if Tenant shall otherwise be in default under the Lease as amended or this Second Amendment, Landlord shall be entitled to avail itself of any and all remedies available to it under the Lease, this Second Amendment, or at law or in equity. Except as expressly set forth in this Second Amendment, nothing herein shall affect any of Tenant's obligations under the Lease including its obligations to pay Landlord Base Rent and Additional Rent for each month of the Lease Term pursuant to the terms and conditions of the Lease, as amended.
Restoration of Security Deposit. In the event that, at any time or from time to time, the Security Deposit (or any portion thereof) is applied, on account of any Event(s) of Default by Tenant hereunder or as otherwise expressly provided in this Lease, Tenant shall replenish said Security Deposit in full, within ten (10) days after demand therefor, by paying to Lessor the amount of the Security Deposit so applied. Tenant’s failure to timely replenish and restore the Security Deposit as aforesaid shall be an Event of Default. Subject to Section 8.7.4, if: (a) no Event of Default has occurred and is continuing hereunder and (b) Tenant has performed and satisfied all of its obligations under this Lease (including, without limitation and as applicable, its obligations relative to any transfer of operations pursuant to Section 40.3 hereof), then the Security Deposit, or the remaining unapplied portion thereof, shall be paid or returned to Tenant within ninety-three (93) days after the expiration or termination of this Lease and the surrender of the Leased Properties to Lessor in the condition required hereunder; provided, however, that Lessor may retain an amount of the Security Deposit, as it shall reasonably determine, to secure the payment of any Rent and the performance of any remaining obligations under this Lease, the amount of which Lessor is then unable to determine finally (and Lessor shall return any such retained amount to Tenant promptly following the final determination of such Rent amount and the full payment thereof to Lessor and the full performance of such remaining obligations under this Lease). The Security Deposit shall not be deemed an advance payment of Rent or a measure of Lessor’s damages for any default hereunder by Tenant, nor shall it be a bar or defense to any action that Lessor may at any time commence against Tenant.
Restoration of Security Deposit. 8 ARTICLE V
Restoration of Security Deposit. If Landlord elects to use or apply all or any portion of the Security Deposit as provided in Section 8.1, Tenant shall within twenty (20) days after written demand therefor restore the amount of the Security Deposit to its then required amount by providing Landlord with either cash in such amount if the Security Deposit is cash or an amendment to the Letter of Credit evidencing that the amount available under the Letter of Credit has been restored to its then required amount if the Security Deposit is in the form of a Letter of Credit. Landlord shall hold any such restoration of the Security Deposit as part of the Security Deposit in accordance with the terms of Section 8.1 above.
Restoration of Security Deposit. If Lessor elects to use or apply all or any portion of the Security Deposit as provided in Section 7.1 hereof, within ten (10) days after receipt by Lessee of written demand therefor, Lessee shall pay to Lessor in cash an amount equal to that portion of the Security Deposit used or applied by Lessor, and Lessee's failure to so do shall be a material breach of this Lease.
Restoration of Security Deposit. In the event Landlord applies any portion of the Security Deposit in accordance with Section 4.1 above (excluding transfers of the Security Deposit to any grantee of Landlord's interest in the Property), Tenant shall immediately make payment to Landlord of the amount necessary to restore the Security Deposit to the full dollar amount set forth in Section 1.10.
Restoration of Security Deposit. 11 4.7.4 Interest on Security Deposit ......................................... 11 4.7.5 Return of Security Deposit ........................................... 11 ARTICLE 5
