Common use of Rights and Obligations Under the Bankruptcy Code Clause in Contracts

Rights and Obligations Under the Bankruptcy Code. Upon the filing of a petition by or against Tenant under the United States Bankruptcy Code, Tenant, as debtor in possession, and any trustee who may be appointed agree as follows: (a) to perform each and every obligation of Tenant under this Lease until such time as this Lease is either rejected or assumed by order of the United States Bankruptcy Court; (b) to pay monthly in advance on the first day of each month as reasonable compensation for use and occupancy of the Premises the sum required under Section 3, and all other charges otherwise due pursuant to this Lease; (c) to reject or assume this Lease within sixty (60) days of the filing of such petition; (d) to give Landlord at least forty-five (45) days prior written notice of any abandonment of the Premises, any such abandonment to be deemed a rejection of this Lease; (e) to do all other things of benefit to Landlord otherwise required under the Bankruptcy Code; (f) to be deemed to have rejected this Lease in the event of the failure to comply with any of the above; and (g) to have consented to the entry of an order by an appropriate United States Bankruptcy Court providing all of the above, waiving notice and hearing of the entry of same.

Appears in 6 contracts

Samples: Lease Agreement (Firstamerica Automotive Inc /De/), Lease Agreement (Firstamerica Automotive Inc /De/), Lease Agreement (Firstamerica Automotive Inc /De/)

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Rights and Obligations Under the Bankruptcy Code. a. Upon the filing of a petition by or against Tenant under the United States Bankruptcy Code, Code Tenant, as debtor in possession, and any trustee who may be appointed agree as follows: (a1) to perform each and every obligation of Tenant under this Lease until such time as this Lease is either rejected or assumed by order of the United States Bankruptcy Court; and (b2) to pay monthly in advance on the first day of each month as a reasonable compensation for use and occupancy of the Premises an amount equal to the sum required under Section 3, Rent and all other charges otherwise due pursuant to this Lease; and (c3) to reject or assume this Lease within sixty (60) days of the filing of such petitionpetition under Chapter 7 of the Bankruptcy Code or within one hundred twenty (120) days (or such shorter term as Landlord, in its sole discretion, may deem reasonable so long as notice of such period is given) of the filing of a petition under any other Chapter; and (d4) to give Landlord at least forty-five (45) days prior written notice of any abandonment of the Premises, ; any such abandonment to be deemed a rejection of this Lease; and (e5) to do all other things of benefit to Landlord otherwise required under the Bankruptcy Code; and (f6) to be deemed to have rejected this Lease in the event of the failure to comply with any of the above; and (g7) to have consented to the entry of an order by an appropriate United States Bankruptcy Court providing all of the above, waiving notice and hearing of the entry of same.

Appears in 2 contracts

Samples: Lease Agreement, Sunpower Corp

Rights and Obligations Under the Bankruptcy Code. (a) Upon the filing of a petition by or against Tenant under the United States Bankruptcy Code, Tenant, as debtor in possession, and any trustee who may be appointed agree as follows: (a1) to perform each and every obligation of Tenant under this Lease until such time as this Lease is either rejected or assumed by order of the United States Bankruptcy Court; and (b2) to pay monthly in advance on the first day of each month as a reasonable compensation for use and occupancy of the Premises the sum required under Section 3an amount equal to all Minimum Monthly Rent, and all Percentage Rent and other charges otherwise due pursuant to this Lease; and (c3) to reject or assume this Lease within sixty (60) days of the filing of such petitionpetition under any chapter of the Bankruptcy Code; and (d4) to give Landlord at least forty-forty five (45) days prior written notice of any abandonment of the Premises, Premises (any such abandonment to be deemed a rejection of this Lease); and (e5) to do all other things of benefit to Landlord otherwise required under the Bankruptcy Code; and (f6) to be deemed to have rejected this Lease in the event of the failure to comply with any of the above; and (g7) to have consented to the entry of an order by an appropriate United States Bankruptcy Court providing all of the above, waiving notice and hearing of the entry of same.

Appears in 1 contract

Samples: Center Triple Net Lease (Bank of Commerce Holdings)

Rights and Obligations Under the Bankruptcy Code. Upon the filing of a petition by or against Tenant under the United States Bankruptcy Code, Tenant, as debtor in possession, and any trustee who may be appointed agree as follows: (a) to perform each and every obligation of Tenant under this Lease until such time as this Lease is either rejected or assumed by order of the United States Bankruptcy Court; (b) to pay monthly in advance on the first day of each month as reasonable compensation for use and occupancy of the Premises the sum required under Section 34, and all other charges otherwise due pursuant to this Lease; (c) to reject or assume this Lease within sixty (60) days of the filing of such petitionpetition under Chapter 7 of the Bankruptcy Code or within one hundred twenty (120) days (or such shorter term as Landlord, in its sole discretion, may deem reasonable so long as notice of such period is given) of the filing of a EXHIBIT 10.1 petition under any other Chapter of the Bankruptcy Code; (d) to give Landlord at least forty-five (45) days prior written notice of any abandonment of the Premises, any such abandonment to be deemed a rejection of this Lease; (e) to do all other things of benefit to Landlord otherwise required under the Bankruptcy Code; (f) to be deemed to have rejected this Lease in the event of the failure to comply with any of the above; and (g) to have consented to the entry of an order by an appropriate United States Bankruptcy Court providing all of the above, waiving notice and hearing of the entry of same.

Appears in 1 contract

Samples: Kindred Biosciences, Inc.

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Rights and Obligations Under the Bankruptcy Code. Upon the filing of a petition by or against Tenant under the United States Bankruptcy Code, Tenant, as debtor in possession, and any trustee who may be appointed agree as follows: (a) to perform each and every obligation of Tenant under this Lease until such time as this Lease is either rejected or assumed by order of the United States Bankruptcy Court; (b) to pay monthly in advance on the first day of each month as reasonable compensation for use and occupancy of the Premises the sum required under Section 34, and all other charges otherwise due pursuant to this Lease; (c) to reject or assume this Lease within sixty (60) days of the filing of such petitionpetition under Chapter 7 of the Bankruptcy Code or within one hundred twenty (120) days (or such shorter term as Landlord, in its sole discretion, may deem reasonable so long as notice of such period is given) of the filing of a 22 EXHIBIT 10.1 petition under any other Chapter of the Bankruptcy Code; (d) to give Landlord at least forty-five (45) days prior written notice of any abandonment of the Premises, any such abandonment to be deemed a rejection of this Lease; (e) to do all other things of benefit to Landlord otherwise required under the Bankruptcy Code; (f) to be deemed to have rejected this Lease in the event of the failure to comply with any of the above; and (g) to have consented to the entry of an order by an appropriate United States Bankruptcy Court providing all of the above, waiving notice and hearing of the entry of same.. 20. DEFAULT BY TENANT 20.1

Appears in 1 contract

Samples: www.sec.gov

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