Return of the Letter of Credit Security. If Lessee fully and faithfully performs every provision of this Lease to be performed by it, the Letter of Credit Security or any balance thereof shall be returned (without interest) to Lessee (or, at Lessee’s option, to the last assignee of Lessee’s interests hereunder) within thirty (30) days after the expiration or earlier termination of the Lease and after Lessee has vacated the Premises and surrendered possession; provided that if prior to the Lease Expiration Date a voluntary bankruptcy provision is filed by Lessee, or an involuntary bankruptcy is filed against Lessee by any of Lessee’s creditors other than Lessor, under 11 U.S.C. § 101 et seq., or Lessee executes an assignment for the benefit of creditors, then to the fullest extent permitted by law Lessor shall not be obligated to return the Letter of Credit Security or any proceeds of the Letter of Credit Security until all statutes of limitations for any preference avoidance statutes applicable to such bankruptcy or assignment for the benefit of creditors have elapsed or the bankruptcy court or assignee, whichever is applicable, has executed a binding release releasing Lessor of any and all liability for the preferential transfers relating to payments made under this Lease, and Lessor may retain and offset against any remaining Letter of Credit Security proceeds the full amount Lessor is required to pay to any third party on account of preferential transfers relating to this Lease. Lessor agrees it will cooperate in providing Issuer with a letter of cancellation or such other reasonable documentation as Issuer requests to effect the return and extinguishment of the credit issued under the Letter of Credit Security.
Appears in 4 contracts
Samples: Triple Net Space Lease (PDL Biopharma, Inc.), Triple Net Space Lease (PDL Biopharma, Inc.), Triple Net Space Lease (Biotech Spinco, Inc.)
Return of the Letter of Credit Security. If Lessee fully and faithfully performs every provision of this Lease to be performed by it, the The Letter of Credit Security or any balance thereof shall be returned (without interest) to Lessee Tenant (or, at LesseeTenant’s option, to the last assignee of LesseeTenant’s interests hereunder) within thirty (30) days after the expiration or earlier termination of the Lease and after Lessee Tenant has vacated the Premises and surrendered possession; provided that if prior to the Lease Expiration Date a voluntary bankruptcy provision is filed by LesseeTenant, or an involuntary bankruptcy is filed tiled against Lessee Tenant by any of LesseeTenant’s creditors other than LessorLandlord, under 11 U.S.C. § 101 et seq., or Lessee Tenant executes an assignment for the benefit of creditors, then to the fullest extent permitted by law Lessor Landlord shall not be obligated to return the Letter of Credit Security or any proceeds of the Letter of Credit Security until all statutes of limitations for any preference avoidance statutes applicable to such bankruptcy or assignment for the benefit of creditors have elapsed or the bankruptcy court or assignee, whichever is applicable, has executed a binding release releasing Lessor Landlord of any and all liability for the preferential transfers relating to payments made under this Lease, and Lessor Landlord may retain and offset against any remaining Letter of Credit Security proceeds the full amount Lessor Landlord is required to pay to any third party on account of preferential transfers relating to this Lease. Lessor Landlord agrees it will cooperate in providing Issuer with a letter of cancellation or such other reasonable documentation as Issuer requests to effect the return and extinguishment of the credit issued under the Letter of Credit Security.
Appears in 3 contracts
Samples: Triple Net Lease (GOOD TECHNOLOGY Corp), Triple Net Lease (GOOD TECHNOLOGY Corp), Triple Net Lease (GOOD TECHNOLOGY Corp)
Return of the Letter of Credit Security. If Lessee fully and faithfully performs every provision of this Lease to be performed by it, the The Letter of Credit Security or any balance thereof shall be returned (without interest) to Lessee Tenant (or, at LesseeTenant’s option, to the last assignee of LesseeTenant’s interests hereunder) within thirty (30) days after the expiration or earlier termination of the Lease and after Lessee Tenant has vacated the Premises and surrendered possession; provided that if prior to the Lease Expiration Date a voluntary bankruptcy provision is filed by LesseeTenant, or an involuntary bankruptcy is filed against Lessee Tenant by any of LesseeTenant’s creditors other than LessorLandlord, under 11 U.S.C. § 101 et seq., or Lessee Tenant executes an assignment for the benefit of creditors, then to the fullest extent permitted by law Lessor Landlord shall not be obligated to return the Letter of Credit Security or any proceeds of the Letter of Credit Security until all statutes of limitations for any preference avoidance statutes applicable to such bankruptcy or assignment for the benefit of creditors have elapsed or the bankruptcy court or assignee, whichever is applicable, has executed a binding release releasing Lessor Landlord of any and all liability for the preferential transfers relating to payments made under this Lease, and Lessor Landlord may retain and offset against any remaining Letter of Credit Security proceeds the full amount Lessor Landlord is required to pay to any third party on account of preferential transfers relating to this Lease. Lessor Landlord agrees it will cooperate in providing Issuer with a letter of cancellation or such other reasonable documentation as Issuer requests to effect the return and extinguishment of the credit issued under the Letter of Credit Security.
Appears in 2 contracts
Samples: Triple Net Space Lease (Cloudera, Inc.), Triple Net Space Lease (Cloudera, Inc.)
Return of the Letter of Credit Security. If Lessee fully and faithfully performs every provision of this Lease to be performed by it, the The Letter of Credit Security or any balance thereof shall be returned (without interest) to Lessee (or, at Lessee’s option, to the last assignee of Lessee’s interests hereunder) within thirty (30) days after the expiration or earlier termination of the Lease and after Lessee has vacated the Premises and surrendered possession; provided that if prior to the Lease Expiration Date a voluntary bankruptcy provision is filed by Lessee, or an involuntary bankruptcy is filed against Lessee by any of Lessee’s creditors other than Lessor, under 11 U.S.C. § 101 et seq., or Lessee executes an assignment for the benefit of creditors, then to the fullest extent permitted by law Lessor shall not be obligated to return the Letter of Credit Security or any proceeds of the Letter of Credit Security until all statutes of limitations for any preference avoidance statutes applicable to such bankruptcy or assignment for the benefit of creditors have elapsed or the bankruptcy court or assignee, whichever is applicable, has executed a binding release releasing Lessor of any and all liability for the preferential transfers relating to payments made under this Lease, and Lessor may retain and offset against any remaining Letter of Credit Security proceeds the full amount Lessor is required to pay to any third party on account of preferential transfers relating to this Lease. Lessor agrees it will cooperate in providing Issuer with a letter of cancellation or such other reasonable documentation as Issuer requests to effect the return and extinguishment of the credit issued under the Letter of Credit Security.
Appears in 1 contract
Samples: Triple Net Space Lease (Threshold Pharmaceuticals Inc)
Return of the Letter of Credit Security. If Lessee fully and faithfully performs every provision of this Lease to be performed by it, the The Letter of Credit Security or any balance thereof shall be returned (without interest) to Lessee Tenant (or, at LesseeTenant’s option, to the last assignee of LesseeTenant’s interests hereunder) within thirty (30) days after the expiration or earlier termination of the Lease and after Lessee Tenant has vacated the Premises and surrendered possession; provided that if prior to the Lease Expiration Date a voluntary bankruptcy provision is filed by LesseeTenant, or an involuntary bankruptcy is filed against Lessee Tenant by any of LesseeTenant’s creditors other than LessorLandlord, under 11 U.S.C. § 101 et seq., or Lessee Tenant executes an assignment for the benefit of creditors, then to the fullest extent permitted by law Lessor Landlord shall not be obligated to return the Letter of Credit Security or any proceeds of the Letter of Credit Security until all statutes of limitations for any preference avoidance statutes applicable to such bankruptcy or assignment for the benefit of creditors have elapsed or the bankruptcy court or assignee, whichever is applicable, has executed a binding release releasing Lessor Landlord of any and all liability for the preferential transfers relating to payments made under this Lease, and Lessor Landlord may retain and offset against any remaining Letter of Credit Security proceeds the full amount Lessor Landlord is required to pay to any third party on account of preferential transfers relating to this Lease. Lessor Landlord agrees it will cooperate in providing Issuer with a letter of cancellation or such other reasonable documentation as Issuer requests to effect the return and extinguishment of the credit issued under the Letter of Credit Security.
Appears in 1 contract
Return of the Letter of Credit Security. If Lessee fully and faithfully performs every provision of this Lease to be performed by it, the Letter of Credit Security or any balance thereof shall be returned (without interest) to Lessee (or, at Lessee’s option, to the last assignee of Lessee’s interests hereunder) within thirty (30) days after the expiration or earlier termination of the Lease and after Lessee has vacated the Premises and surrendered possession; provided that if prior to the Lease Expiration Date a voluntary bankruptcy provision is filed by Lessee, or an involuntary bankruptcy is filed against Lessee by any of Lessee’s creditors other than Lessor, under 11 U.S.C. § 101 et seq., or Lessee executes an assignment for the benefit of creditors, then to the fullest extent permitted by law Lessor shall not be obligated to return the Letter of Credit Security or any proceeds of the Letter of Credit Security until all statutes of limitations for any preference avoidance statutes applicable to such bankruptcy or assignment for the benefit of creditors have elapsed or the bankruptcy court or assignee, whichever is applicable, has executed a binding release releasing Lessor of any and all liability for the preferential transfers relating to payments made under this Lease, and Lessor may retain and offset against any remaining Letter of Credit Security proceeds the full amount Lessor is required to pay to any third party on account of preferential transfers relating to this Lease. Lessor agrees it will cooperate in providing Issuer with a letter of cancellation or such other reasonable documentation as Issuer requests to effect the return and extinguishment of the credit issued under the Letter of Credit Security.
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