Rights of Lessor. 1. For purposes of determining the Lessee's performance of its covenants under Article VI hereof, the Lessor shall have the right to inspect the Leased Premises from time to time as deemed reasonably necessary by the Lessor throughout the term of this Lease.
2. In the event that the Lessee shall make an assignment for the benefit of its creditors, or a Receiver be appointed for the Lessee, or in case a Petition for adjudication of Lessee as a voluntary or involuntary debtor shall be filed under the Acts of Congress relating to bankruptcy and the Lessee be adjudicated a debtor thereon, or because of a petition filed voluntarily or involuntarily, for reorganization under the Bankruptcy Code, during the continuance of this Lease, without having first paid and satisfied the Lessor in full for all rent which may become due and payable during said term, then this Lease shall thereupon forthwith terminate, and the Lessor shall forthwith take possession of the Leased Premises, but not of the right hereunder as to the remainder of the term of this Lease as shall accrue to such assignee, Trustee in Bankruptcy, Receiver or purchaser at judicial sale and the Lessor in such case shall only be entitled to the rent hereunder according to law.
3. On failure of the Lessee to keep all the covenants of this Lease, and such default continues for a period of fifteen (15) days, and provided that the Lessor shall have given to the Lessee ten (10) days written notice by registered mail, at the Lessee's office of the Lessor's intention to enter judgment under this clause, or to remove the Lessee from the Leased Premises at the termination of the same, then the Lessee hereby authorizes and empowers any attorney of any Court of Record in Pennsylvania, or elsewhere, to appear for it and confess and enter judgment for the total sum due during the term of the Lease, with or without declaration, with cost of suit and reasonable attorney's fees, release of errors, without stay of execution; and the Lessee does hereby waive and release all relief from any and all appraisement, stay and exemption laws of any state now in force or hereafter to be passed; or the Lessor may issue Xxxxxxxx's warrant for collection of such rental in case default be not made good after such notice as aforesaid; or the Lessor at its option may proceed by action of ejectment on this Lease after default made as aforesaid, and in such case, the Lessee hereby authorizes and empowers any attorney of any Court of Recor...
Rights of Lessor. In the event that Lessee fails to obtain any insurance required of it under the terms of this Lease, Lessor may, at its option, but is not obligated to, obtain such insurance on behalf of Lessee and xxxx Xxxxxx, as additional rent, for the cost thereof. Payment shall be due within ten (10) days of receipt of the billing therefor by Xxxxxx.
Rights of Lessor a. No right or remedy hereunder shall be exclusive of any other right or remedy, but shall be cumulative and in addition to any other right or remedy hereunder or provided by law, now or hereafter existing. Failure to insist upon the strict performance of any provision hereof or to exercise any option, right, power or remedy contained herein shall not constitute a waiver or relinquishment thereof for the future. Receipt by Lessor of any Basic Rent, Supplemental Rent, Additional Rent or other sum payable hereunder with knowledge of the breach or any provision hereof shall not constitute a waiver or such breach, and no waiver of any provision hereof shall be deemed to have been made unless made in writing. Lessor shall be entitled to injunctive relief in case of the violation, or attempted or threatened violation, of any of the provisions hereof, or to a decree compelling performance of any of the provisions hereof, or to any other remedy allowed to Lessor in equity or at law.
b. Lessee hereby waives and surrenders for itself and all those claiming under it, including creditors of all kinds, (i) any right and privilege which it or any of them may have to redeem the Premises or to have a continuance of this Lease after termination of Lessee's right of possession by order or judgment of any court or by any legal process or writ, or after the termination of the term of this Lease as herein provided, and (ii) the benefits of any law that exempts property from liability for debt or for distress for rent.
c. Notwithstanding anything herein to the contrary, Lessor reserves the right to permit the holder or beneficiary of any rights pursuant to any Permitted Exceptions to exercise such rights, provided that Lessor shall use reasonable efforts to cause the holder of such rights to exercise same in such a manner as to minimize any interference with Lessee's operations.
Rights of Lessor. Upon Lease Event of Default, Liquidation Event of Default or Limited Liquidation Event of Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 18.4.
Rights of Lessor. It is mutually agreed should Lessee default in the payment of rent when due and fails to cure default within 10 days as provided in Article II hereof, or if Lessee shall be in default in performing any of the terms or provision of this lease other than the provision requiring the payment of rent and fails to cure each default within thirty (30) days after the date of receipt of written notice of default from Lessor, or if Lessee is adjudicated bankrupt, or if a permanent receiver is appointed for Lessee or Lessee’s property, or if, whether voluntarily of involuntarily, Lessee takes advantage of any debtor relief proceedings under any present or future law, whereby the rent or any part thereof is, or is proposed to be, reduced or payment thereof deferred, or if Lessee makes an assignment for benefit of creditors, or if Lessee’s property shall be levied upon or attached under process against such Lessee and not satisfied or dissolved within thirty (30) days after written notice from Lessor to such Lessee to obtain satisfaction thereof; then, and in any of said events, Lessor at its option may at once, or within six (6) months thereafter, but only during continuance of such default or condition, may reenter and take possession of the leased premises. After an authorized assignment or subletting of the entire premises covered by this lease, the occurring of any of the foregoing defaults or events shall. affect this lease only if caused by, or happening to, the assignee or sublessee. Any notice provided in this paragraph may be given by Lessor or its attorney. Upon such default, Xxxxxx will at once surrender possession of the premises to Lessor and remove all of the Lessee’s effects therefrom; and Lessor may forthwith reenter the premises and repossess itself thereof, and remove all persons and effects therefrom, using such force as may be necessary without being guilty of trespass, forcible entry or detainer or other tort.
Rights of Lessor. Lessor shall have the right to construct or permit construction of tenant improvements in or about the Project for existing and new lessees and to alter any public areas in and around the Project. Notwithstanding anything in this Lease to the contrary, no such construction shall be deemed to constitute a breach of this Lease by Lessor and Lessee waives any such claims which it might have arising from any such construction.
Rights of Lessor. Upon the occurrence and during the continuance of a Default, Lessor shall have all the rights, powers and remedies conferred upon similar secured parties by any relevant law and/or conferred on Lessor by this Assignment, including the power to initiate and settle any insurance claim or any claim for Requisition Compensation and to direct the payor of such claim to pay Lessor directly. Lessee agrees that Lessor's statement in writing that a Default has occurred shall constitute conclusive evidence as between Lessor and the Insurance Broker and the insurers that a Default has in fact occurred and is continuing. All proceeds received by Lessor pursuant to this Assignment shall be held and applied pursuant to the Lease Agreement and thereafter applied against Lessee's Obligations as and when due. At such time as there shall not be continuing any Default, such proceeds shall be paid to Lessee to the extent not applied in accordance with the preceding sentence. In furtherance of Lessor's rights hereunder, Lessee shall deliver to Lessor on the Delivery Date an irrevocable power of attorney in the form of Annex B hereto, which power of attorney Lessor shall not use except after the occurrence and during the continuance of an Event of Default.
Rights of Lessor. Upon the occurrence of an Event of Default (as defined in the Lease) or if the Lease otherwise terminates and the Equipment (as defined in the Lease) is not conveyed back to Lessee or purchased by the Host, Lessor shall have the right to convey, sell, assign and transfer the PPA, the Site Lease and the Equipment to a third-party, or cause Host to assign the PPA and the Site Lease to Lessor (the “Lessor Step-In Right”), provided that such Lessor Step-In Right conforms with the requirements of the PPA, including the provisions set forth in Section 14.2 of the PPA. Upon the expiration of the Term (as defined in the Lease) or if the Lease otherwise terminates and the Equipment is not conveyed back to Lessee or purchased by the Host, the Lessor Step-In Right shall apply.
Rights of Lessor. 1 SECTION 4. COUNTERPARTS.................................... 1 SECTION 5. GOVERNING LAW................................... 1 EXHIBIT F -- FORM OF MONTHLY UTILIZATION REPORT Frontier Lease Agreement (MSN 28662) Table of Contents Executive Copy -viii- EXHIBIT G -- FORM OF LETTER OF CREDIT Frontier Lease Agreement (MSN 28662) Table of Contents Executive Copy -ix- AIRCRAFT LEASE AGREEMENT (MSN 28662) AIRCRAFT LEASE AGREEMENT (MSN 28662), dated as of December 12, 1996 (this "Lease Agreement"), between BOULLIOUN AIRCRAFT HOLDING COMPANY, INC., a Washington corporation ("Lessor"), and FRONTIER AIRLINES, INC., a Colorado corporation ("Lessee").
Rights of Lessor. Lessee shall permit Lessor and Lessor's agents and any mortgagee under a mortgage or beneficiary under a deed of trust encumbering the Building containing the Leased Premises and such party's agents to enter the Leased Premises at all reasonable times for the purpose of inspecting the same or for the purpose of maintaining the Building, or for the purpose of making repairs, alterations or additions to any portion of the Building, including the erection and maintenance of such scaffolding, canopies, fences and props as may be required, or for the purpose of posting notices of non-responsibility for alterations, additions or repairs, or for the purpose of placing upon the Building any usual or ordinary "for sale" signs, without any rebate of Rent and without any liability to Lessee for any loss of occupation or quiet enjoyment of the Leased Premises thereby occasioned, and shall permit Lessor, at any time within ninety (90) days prior to the expiration of this Lease, to place upon the Leased Premises any usual or ordinary "to let" or "to lease" signs. This Section in no way affects the maintenance obligations of the parties hereto.
