Common use of Sublessee Default Clause in Contracts

Sublessee Default. The occurrence of any one or more of the following events shall constitute a default under this Sublease by Sublessee: a. The failure by Sublessee to make any payment of Rent, or any other payment required to be made by Sublessee hereunder on the date due where such failure shall continue for a period of five (5) days after the same shall become due and payable. b. The failure by Sublessee to observe or perform any of the covenants, conditions or provisions of this Sublease other than as described in the immediately preceding paragraph and/or the failure by Sublessee to observe or perform any of the covenants, conditions or provisions of the Lease to which Sublessee has agreed to be bound pursuant to the terms of this Sublease, where such failure shall continue for a period of fifteen (15) days after written notice thereof from Sublessor to Sublessee. c. The making by Sublessee of any general arrangement or assignment for the benefit of creditors; Sublessee becomes a “debtor” as defined in 11 U.S.C. 101 or any successor statute thereto (unless, in the case of a petition filed against Sublessee, the same be dismissed within sixty (60) days); the appointment of a trustee or receiver to take possession of all or substantially all of Sublessee’s assets or of Sublessee’s interest in this Sublease, where possession is not restored to Sublessee within thirty (30) days; or the attachment, execution or other judicial seizure of all or substantially all of Sublessee’s assets or of Sublessee’s interest in this Sublease, where such seizure is not discharged within thirty (30) days.

Sublessee Default. The occurrence of any one or more of the following events shall constitute a default under this Sublease by Sublessee: a. The vacation or abandonment of the Subleased Premises by Sublessee. b. The failure by Sublessee to make any payment of Minimum Rent, Additional Rent or any other payment required to be made by Sublessee hereunder on the date due where such failure shall continue for a period of five (5) days after the same shall become due and payable. b. c. The failure by Sublessee to observe or perform any of the covenants, conditions or provisions of this Sublease other than as described in the immediately preceding paragraph and/or the failure by Sublessee to observe or perform any of the covenants, conditions or provisions of the Lease to which Sublessee has agreed to be bound pursuant to the terms of this Sublease, where such failure shall continue for a period of fifteen (15) days after written notice thereof from Sublessor to Sublessee. c. d. The making by Sublessee of any general arrangement or assignment for the benefit of creditors; Sublessee becomes a “"debtor” " as defined in 11 U.S.C. 101 or any successor statute thereto (unless, in the case of a petition filed against Sublessee, the same be dismissed within sixty (60) days); the appointment of a trustee or receiver to take possession of all or substantially all of Sublessee’s 's assets or of Sublessee’s 's interest in this Sublease, where possession is not restored to Sublessee within thirty (30) days; or the attachment, execution or other judicial seizure of all or substantially all of Sublessee’s 's assets or of Sublessee’s 's interest in this Sublease, where such seizure is not discharged within thirty (30) days.

Sublessee Default. The occurrence In the event that Sublessee shall be in default of any one covenant of, or more shall fail to honor or perform any obligation under this Sublease, Sublessor shall have available to it all of the following events shall constitute remedies at law or inequity available under this Agreement, as well as all rights and remedies available to Landlord under the Prime Lease in the event of a default on the part of the Sublessee as “Tenant” under the Prime Lease. If Sublessee shall default (beyond any applicable grace periods in the Prime Lease or Sublease) in the performance of any of Sublessee’s covenants, terms and obligations under this Sublease Agreement or the Consent, Sublessor, without thereby waiving such default, may, at Sublessor’s option, after ten (10) days notice to Sublessee, perform the same for the account of Sublessee. If Sublessor makes any expenditures or incurs any obligations for the payment of money arising out of such default, including attorneys’ fees, in connection with (i) defending any action brought by Sublessee against Sublessor or against Landlord and naming Sublessor (which is prohibited by this Agreement) or for which Sublessee does not ultimately prevail (ii) curing Sublessee: a. The failure ’s defaults or in instituting, prosecuting or defending any action or proceeding, by reason of any default of Sublessee under this Agreement, then such sums paid or obligations incurred, with interest thereon at 15% per annum, shall be paid by Sublessee to make any payment of Rent, or any other payment required to be made by Sublessee hereunder on the date due where such failure shall continue for a period of five Sublessor as Additional Rent within ten (510) days after the same shall become due and payable. b. The failure by Sublessee to observe or perform any of the covenants, conditions or provisions of this Sublease other than as described in the immediately preceding paragraph and/or the failure by Sublessee to observe or perform any of the covenants, conditions or provisions of the Lease to which Sublessee has agreed to be bound pursuant to the terms of this Sublease, where such failure shall continue for a period of fifteen (15) days after written notice thereof from Sublessor demand to Sublessee. c. The making by Sublessee of any general arrangement or assignment for the benefit of creditors; Sublessee becomes a “debtor” as defined in 11 U.S.C. 101 or any successor statute thereto (unless, in the case of a petition filed against Sublessee, the same be dismissed within sixty (60) days); the appointment of a trustee or receiver to take possession of all or substantially all of Sublessee’s assets or of Sublessee’s interest in this Sublease, where possession is not restored to Sublessee within thirty (30) days; or the attachment, execution or other judicial seizure of all or substantially all of Sublessee’s assets or of Sublessee’s interest in this Sublease, where such seizure is not discharged within thirty (30) days.

Sublessee Default. The occurrence of any Any one or more of the following events shall will ----------------- constitute a an event of default ("Event of Default") by Sublessee under this Sublease by SublesseeSublease: a. The i) failure or refusal by Sublessee to make timely pay any payment installment of Basic Rent, any adjustments thereto, or any other payment required amount herein provided to be made by Sublessee hereunder on the date due where such failure shall continue for a period of five (5) days after the same shall become due and payable. b. The failure paid by Sublessee to observe or perform any of the covenants, conditions or provisions of this Sublease other than as described in the immediately preceding paragraph and/or the failure by Sublessee to observe or perform any of the covenants, conditions or provisions of the Lease to which Sublessee has agreed to be bound pursuant to the terms of this SubleaseSublessor, where such failure shall continue for a period ten (10) days after the receipt of fifteen written notice from Sublessor or designating such failure; or ii) failure or refusal by Sublessee to perform or observe any other term, covenant or provision of this Sublease required to be performed or observed by Sublessee, where such failure continues for thirty (1530) days after written notice thereof to Sublessee from Sublessor to Sublessee.(or if such default of Sublessee is of such a nature that Sublessee cannot reasonably remedy the same within a thirty (30) day period, Sublessee shall additional time as is necessary, provided Sublessee promptly commences and diligently pursues care of the same); or c. The making iii) the institution in a court of competent jurisdiction of proceedings for reorganization, liquidation, or involuntary dissolution by Sublessee of any general arrangement or assignment for the benefit of creditors; Sublessee becomes a “debtor” as defined in 11 U.S.C. 101 or any successor statute thereto (unless, in the case of a petition filed against Sublessee, the same be dismissed within sixty (60) days); or for its adjudication as a bankrupt or insolvent, or for the appointment of a trustee or receiver to take possession of all or substantially all the property of Sublessee’s assets , provided that proceedings are not dismissed, and any receiver, trustee, or of Sublessee’s interest in this Sublease, where possession is not restored to Sublessee within thirty (30) days; or the attachment, execution or other judicial seizure of all or substantially all of Sublessee’s assets or of Sublessee’s interest in this Sublease, where such seizure liquidator appointed therein is not discharged within thirty ninety (3090) daysdays after the institution of said proceedings. At any time after such an Event of Default has occurred, Sublessor may exercise all rights and remedies provided under Section 21 of the Base Lease to the extent incorporated herein, including, but not limited to, declaring this Sublease terminated, and Sublessor may immediately or at any time thereafter reenter the Subleased Premises and remove all persons therefrom in accordance with all applicable laws and without prejudice to any of its other legal rights . In addition, without limiting the foregoing, in the event Sublessor reasonably believes that Sublessee's failure to cure a breach under subparagraph (ii) above shall cause a default by Sublessor to occur under the Base Lease, Sublessor shall specifically have the right, upon giving Sublessee not less than ten (10) days prior written notice thereof, to cure such breach or default and be reimbursed by Sublessee for all expenses incurred by Sublessor in connection therewith upon demand and presentation of invoices therefor. All rights and remedies of Sublessor herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law or in equity, and said rights and remedies may be exercised and enforced concurrently and whenever and as often as occasion therefore arises. Sublessor agrees to use reasonable efforts to mitigate damages in the event this Sublease is terminated but Sublessor shall have no liability for its failure to obtain a replacement occupant for the Subleased Premises after an Event of Default provided it has used such reasonable efforts.

Sublessee Default. The occurrence If Sublessee shall fail to (a) pay any installment of any one or more of the following events shall constitute a default under Rent required by this Sublease by Sublessee: a. The failure by Sublessee to make any payment of Rent, when due or any other payment or reimbursement to Sublessor required to be made by Sublessee hereunder on the date due where this Sublease when due, and such failure shall continue for a period of five (5) days after from the same shall become date such payment is due and payable. b. The failure or (b) correct any default in the performance by Sublessee to observe or perform of any of the covenants, conditions or provisions other provision of this Sublease (other than as described in the immediately preceding paragraph and/or the a failure by Sublessee to observe pay Rent or perform any of the covenantsother payments when due) and, conditions or provisions of the Lease to which Sublessee has agreed to be bound pursuant to the terms of this Sublease, where if such failure or neglect shall continue for a period of fifteen thirty (1530) days after written notice thereof from Sublessor to Sublessee. c. The making , then Sublessor may, without further notice or demand: (i) terminate this Sublease and require Sublessee to vacate and surrender the Premises, expelling Sublessee from the Premises without prejudice to any other remedies available to Sublessor under the circumstances, or (ii) enter upon and take possession of the Premises and expel or remove Sublessee and any other person who may be occupying such Premises or any part thereof, by any lawful means, without terminating this Sublease and without being liable for prosecution or any claim for damages thereof, and re-let the Premises and receive the rent therefore; provided however, that if the nature of a breach under this Section 6.01(b) is such that it cannot be cured within thirty (30) days of Sublessor’s written notice to Sublessee, this Sublease will not terminate thirty (30) days after the giving of notice, if in the reasonable opinion of the Sublessor, the Sublessee is taking or has taken reasonable steps, within such thirty (30) day period, to cure the breach and such steps are being diligently pursued. In the event that Sublessor elects to repossess the Premises without terminating the Sublease, or in the event Sublessor elects to terminate the Sublease, the Sublessee, at Sublessor’s option shall be liable for and shall pay to Sublessor, at the address specified for notice to Sublessor herein, all Rent and other indebtedness accrued to the date of such repossession, plus, at such times as it becomes due, Rent required to be paid by Sublessee to Sublessor during the remainder of the Sublease Term until the date of expiration of the Term diminished by any net sums thereafter received by Sublessor through re-letting the Premises during said period (after deducting expenses incurred by Sublessor for removing and storing Sublessee’s or other occupant’s property; the costs of repairing, altering, remodeling or otherwise putting the Premises into condition acceptable to a new Sublessee or Sublessees; and all reasonable expenses incurred by Sublessor in enforcing or defending Sublessor’s rights and/or remedies including costs and attorney’s fees). In no event shall Sublessee be entitled to any excess of any general arrangement Rent obtained by re-letting over and above the Rent herein reserved. Actions to collect amounts due by Sublessee to Sublessor under this subparagraph may be brought from time to time, on one or more occasions, without the necessity of Sublessor’s waiting until expiration of the Sublease Term. If appropriate, Sublessor may cure such default on behalf of Sublessee, in a manner satisfactory to Sublessor, in which event Sublessee shall reimburse Sublessor for the cost thereof, whether or not Sublessor shall have elected to terminate the Sublease. Sublessor may forthwith, in its sole discretion, terminate the Sublease and require Sublessee to vacate and surrender the Premises if (a) Sublessee shall have admitted in writing its inability to pay its debts generally as they become due or have made an assignment for the benefit of its creditors; (b) an order shall have been entered adjudicating Sublessee becomes bankrupt or insolvent, (c) Sublessee shall have petitioned any tribunal for the appointment of a “debtor” as defined in 11 U.S.C. 101 receiver or trustee for a substantial part of its assets, or shall have commenced any proceeding under any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, liquidation, or dissolution law of any jurisdiction, or if any such petition or application shall have been filed, or any successor statute thereto (unlesssuch proceeding commenced, against Sublessee and Sublessee shall have indicated its approval, consent, or acquiescence to such petition or proceeding, or if an order shall have been entered appointing any receiver or trustee, or approving the petition in the case of a petition filed against Sublesseeany such proceeding, the same be dismissed within and such order remains un-stayed and in effect for more than sixty (60) days); the appointment of a trustee or receiver to take possession of all or substantially all of Sublessee’s assets or of Sublessee’s interest in this Sublease, where possession is not restored to Sublessee within thirty (30) days; or the attachment, execution or other judicial seizure of all or substantially all of Sublessee’s assets or of Sublessee’s interest in this Sublease, where such seizure is not discharged within thirty (30) days.

Sublessee Default. (a) The occurrence of any one or more of the following events shall constitute a default be deemed to be an “Event of Default” by Sublessee under this Sublease by SublesseeSublease: a. The failure by (i) Sublessee shall have failed to make pay any payment of Rent, or any other payment required to be made by Sublessee hereunder on the date due where such failure shall continue for a period of five (5) days after Rent when the same shall become be due and payable. b. The failure by Sublessee to observe or perform any of , and the covenants, conditions or provisions of this Sublease other than as described in the immediately preceding paragraph and/or the failure by Sublessee to observe or perform any of the covenants, conditions or provisions of the Lease to which Sublessee has agreed to be bound pursuant to the terms of this Sublease, where such failure same shall continue remain unpaid for a period of fifteen (15) days after the receipt of written notice thereof from Sublessor to SublesseeSublessor. c. The making (ii) Sublessee shall have failed to comply with any other provisions of this Sublease and shall not cure such failure within thirty (30) days after Sublessor, by written notice, has informed Sublessee of any general arrangement or assignment for such noncompliance. If the benefit of creditors; Sublessee becomes a “debtor” as defined in 11 U.S.C. 101 or any successor statute thereto (unless, in the case of a petition filed against Sublessee, the same default cannot be dismissed within sixty (60) days); the appointment of a trustee or receiver to take possession of all or substantially all of Sublessee’s assets or of Sublessee’s interest in this Sublease, where possession is not restored to Sublessee reasonably cured within thirty (30) days; or , Sublessee shall commence to cure the attachment, execution or other judicial seizure of all or substantially all of Sublessee’s assets or of Sublessee’s interest in this Sublease, where default within such seizure is not discharged within thirty (30) daysday period and have such additional time to cure same as may be reasonably necessary, provided Sublessee proceeds promptly and with due diligence to cure the default to completion. (b) If Sublessee shall have failed to cure a material default by Sublessee after expiration of the applicable time for cure of a particular default, Sublessor, at its election, but without obligation thereof, (i) may seek specific performance of any obligation of Sublessee after which Sublessor shall retain, and may exercise and enforce any and all rights that Sublessor may have against Sublessee as a result of such default, (ii) from time to time without releasing Sublessee in whole or in part from the obligations to be performed by Sublessee hereunder, and cure the default at Sublessee’s cost, (iii) may terminate this Sublease and/or (iv) exercise any other remedy given hereunder existing at law or in equity. Any reasonable costs incurred by Sublessor in order to cure such a default by Sublessee shall be due immediately from Sublessee.

Sublessee Default. The occurrence of any Any one or more of the following events shall will constitute a an event of default (“Event of Default”) by Sublessee under this Sublease by SublesseeSublease: a. The (a) failure or refusal by Sublessee to make timely pay any payment installment of RentBase Rental, any adjustments thereto, any Additional Charges or any other payment required amount herein provided to be made by Sublessee hereunder on the date due where such failure shall continue for a period of five (5) days after the same shall become due and payable. b. The failure paid by Sublessee to observe or perform any of the covenants, conditions or provisions of this Sublease other than as described in the immediately preceding paragraph and/or the failure by Sublessee to observe or perform any of the covenants, conditions or provisions of the Lease to which Sublessee has agreed to be bound pursuant to the terms of this SubleaseSublessor, where such failure shall continue for a period three (3) business days after the receipt of fifteen written notice from Sublessor; or (15b) failure or refusal by Sublessee to perform or observe any other term, covenant or provision of this Sublease required to be performed or observed by Sublessee, where such failure continues for twenty-seven (27) days after the receipt of written notice to Sublessee from Sublessor; or (c) the institution in a court of competent jurisdiction of proceedings for the liquidation of Sublessee under Chapter 7 of the U.S. Bankruptcy Code; or (d) the performance or non-performance of any other obligation hereunder, or the occurrence of any other event which, if it remains uncured, could result in an event of default of Sublessor under the Base Lease, and such event is not cured at least five (5) days in advance of the time required (if any) for a cure thereof from Sublessor under the Base Lease, provided, however, that if the nature of such default is such that the same cannot reasonably be cured in such period (other than any default related to Sublessee. c. The making the non-payment of Base Rent, Additional Charges or any other fees payable by Sublessee to Sublessor or Landlord hereunder), and to the extent that Sublessor has the right under the Base Lease to extend the cure period with respect to such potential event of default under the Base Lease, Sublessee shall not be deemed to be in default hereunder if Sublessee shall within such period commence to cure the default and thereafter diligently prosecute same to completion. At any time after such an Event of Default has occurred under this Sublease, Sublessor may exercise all rights and remedies provided under the Base Lease for a default of Tenant thereunder, including, but not limited to, declaring this Sublease terminated, and Sublessor may immediately or at any time thereafter re-enter the Subleased Premises and remove all persons therefrom with or without legal process, and without prejudice to any of its other legal rights, and all claims for damages by reason of such re-entry are expressly waived, as well as all claims for damages by reason of any general arrangement eviction proceedings or assignment for the benefit proceedings by way of creditors; Sublessee becomes a “debtor” as defined in 11 U.S.C. 101 sequestration or any successor statute thereto (unlessother legal proceedings which Sublessor may employ to recover unpaid rents or possession of the Subleased Premises. In addition, without limiting the foregoing, in the case of a petition filed against Sublessee, the same be dismissed within sixty (60) days); the appointment of a trustee or receiver to take possession of all or substantially all of event Sublessor reasonably believes that Sublessee’s assets failure to cure a breach under subparagraphs (b) or (d) above shall cause an event of default by Sublessor to occur under the Base Lease, Sublessor shall specifically have the right, upon giving Sublessee not less than five (5) business days prior written notice thereof, to cure such breach or default and be reimbursed by Sublessee for all reasonable expenses incurred by Sublessor in connection therewith upon demand and presentation of invoices therefor. All rights and remedies of Sublessor herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law or in equity, and said rights and remedies may be exercised and enforced concurrently and whenever and as often as occasion therefor arises. Notwithstanding the foregoing, Sublessor’s administrative claim arising from Sublessee’s interest in default under or breach of this Sublease, where possession is not restored to Sublessee within thirty (30) days; or the attachment, execution or other judicial seizure of all or substantially all of Sublease while Sublessee’s assets or of Sublessee’s interest in Chapter 11 Bankruptcy Case is still pending shall be limited to six months Base Rental under this SubleaseSublease following the date Sublessee vacates the Subleased Premises, where such seizure is not discharged within thirty (30) daysplus all Base Rental and Additional Charges incurred prior to the date Sublessee vacates the Subleased Premises.

Sublessee Default. The occurrence All of the terms and provisions of Article 19 of ----------------- the Base Lease are expressly incorporated herein and made applicable hereto, such that any default by Sublessee under the terms of said Article 19 shall constitute an event of default ("Event of Default") hereunder. At any time after such an Event of Default has occurred hereunder, Sublessor may exercise all rights and remedies provided under the Base Lease for a default thereunder, including, but not limited to, declaring this Sublease terminated, and Sublessor may immediately or at any time thereafter re-enter the Subleased Premises and remove all persons therefrom with or without legal process, and without prejudice to any of its other legal rights, and all claims for damages by reason of such re-entry are expressly waived, as well as all claims for damages by reason of any one eviction proceedings or more proceedings by way of sequestration or any other legal proceedings which Sublessor may employ to recover unpaid rents or possession of the following events shall constitute a default Subleased Premises. In addition, without limiting the foregoing, in the event Sublessor reasonably believes that Sublessee's failure to cure any breach under this Sublease will cause a default by Sublessee: a. The failure Sublessor to occur under the Base Lease, Sublessor shall specifically have the right, upon giving Sublessee not less than twenty-four (24) hours' prior written notice thereof, to cure such breach or default and be reimbursed by Sublessee to make any payment for all reasonable expenses incurred by Sublessor in connection therewith upon demand and presentation of Rent, or invoices therefor. All rights and remedies of Sublessor herein enumerated shall be cumulative and none shall exclude any other payment required to right or remedy allowed by law or in equity, and said rights and remedies may be made by Sublessee hereunder on the date due where such failure shall continue for a period of five (5) days after the same shall become due exercised and payableenforced concurrently and whenever and as often as occasion therefore arises. b. The failure by Sublessee to observe or perform any of the covenants, conditions or provisions of this Sublease other than as described in the immediately preceding paragraph and/or the failure by Sublessee to observe or perform any of the covenants, conditions or provisions of the Lease to which Sublessee has agreed to be bound pursuant to the terms of this Sublease, where such failure shall continue for a period of fifteen (15) days after written notice thereof from Sublessor to Sublessee. c. The making by Sublessee of any general arrangement or assignment for the benefit of creditors; Sublessee becomes a “debtor” as defined in 11 U.S.C. 101 or any successor statute thereto (unless, in the case of a petition filed against Sublessee, the same be dismissed within sixty (60) days); the appointment of a trustee or receiver to take possession of all or substantially all of Sublessee’s assets or of Sublessee’s interest in this Sublease, where possession is not restored to Sublessee within thirty (30) days; or the attachment, execution or other judicial seizure of all or substantially all of Sublessee’s assets or of Sublessee’s interest in this Sublease, where such seizure is not discharged within thirty (30) days.

Sublessee Default. The occurrence of In the event that Sublessee (a) fails to pay any one or more of the following events shall constitute a default under this Sublease by Sublessee: a. The failure by Sublessee to make any payment of Rent, or any other payment required to be made by Sublessee amount due hereunder on the date due where such failure shall continue for a period of within five (5) days after written notice from Sublessor that such amount is past due under this Sublease; (b) fails to cure a default of a non-monetary obligation within thirty (30) days after written notice; provided, however, that if the same nature of Sublessee’s nonperformance is such that more than thirty (30) days are reasonably required for its cure, then Sublessee shall become due be allowed additional time as is reasonably necessary to cure the failure so long as Sublessee commences such cure within said thirty (30) day period and payable. b. The failure by Sublessee thereafter diligently pursues such cure to observe or completion; (c) fails to perform any of the covenants, conditions or provisions of this Sublease other than as described in Lease obligations with respect to the immediately preceding paragraph and/or the failure by Sublessee to observe or perform any of the covenants, conditions or provisions of the Lease to Property for which Sublessee has agreed to be bound is responsible pursuant to the terms hereof; (d) fails to vacate and surrender possession of the Sublet Premises upon the Expiration Date or the earlier termination of this Sublease, where such failure ; (e) shall continue for a period of fifteen (15) days after written notice thereof from Sublessor to Sublessee. c. The making by Sublessee of any general arrangement be adjudged bankrupt or insolvent or shall make an assignment for the benefit of creditors; Sublessee becomes or (f) if a “debtor” as defined in 11 U.S.C. 101 receiver or any successor statute thereto (unless, in the case of a petition filed against Sublessee, the same be dismissed within sixty (60) days); the appointment of a trustee or receiver to take possession of all or substantially all of Sublessee’s assets or of Sublessee’s interest in this Sublease, where possession is not restored to Sublessee within thirty (30) days; or the attachment, execution or other judicial seizure of all or substantially all of Sublessee’s assets or of Sublessee’s interest in this Sublease, where such seizure is property shall be appointed and not discharged within thirty forty five (3045) days, such occurrence shall be an event of default (a “Sublessee Default”) and Sublessor shall have any and all rights and remedies set forth in Section 13 hereof, in addition to all rights and remedies available to it at law and equity, including the rights of Lessor for a default by Sublessor under the Lease.