Tenant Events of Default. The occurrence of any one or more of the following events shall constitute an “Event of Default by Tenant” under this Lease by Tenant:
(i) The failure by Tenant to make any payment of Rent or any other payment required to be made by Tenant hereunder, as and when due, which failure continues for a period of ten (10) days following notice given by Landlord to Tenant.
(ii) Failure by Tenant to observe or perform any of the covenants, conditions or provisions of this Lease to be observed or performed by Tenant, where such failure shall continue for a period of forty-five (45) days after notice thereof given by Landlord to Tenant. In the event the default cannot reasonably be cured within such forty-five (45) day period, Tenant shall not be in default if Tenant commences the cure within the forty-five (45) day period and thereafter diligently prosecutes the cure to completion.
(iii) (A) The making by Tenant of any general arrangement or general assignment for the benefit of creditors; (B) Tenant 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 Tenant, the same is dismissed within sixty (60) days); (C) the appointment of a trustee or receiver to take possession of substantially all of Tenant’s assets located at the Premises or of Tenant’s interest in this Lease, where possession is not restored to Tenant within sixty (60) days; or (D) the attachment, execution or other judicial seizure of substantially all of Tenant’s assets located at the Premises or of Tenant’s interest in this Lease, where such seizure is not discharged within sixty (60) days.
Tenant Events of Default. Any one or more of the following shall constitute a “Tenant Event of Default”:
(a) Tenant shall fail to pay any installment of Rent when due and such failure is not cured within six (6) days after written notice from Landlord (which notice for purposes of this provision may be in the form of an email and shall be deemed effective as of transmittal (without requirement that receipt thereof be acknowledged), provided that (without vitiating the effectiveness of such email notice) a separate notice is separately delivered on the same day or, if such day is not a Business Day, on the following Business Day, which separate notice shall be delivered in accordance with Article XXXV (it being understood that the delivery of such separate notice shall not vitiate the effectiveness of such email notice)) of Tenant’s failure to pay such installment of Rent when due (and such notice of failure from Landlord may be given any time after such installment of Rent is one (1) day late);
(b) Tenant shall fail to pay any Additional Charge (excluding, for the avoidance of doubt the Minimum Cap Ex Amount) within seven (7) days after written notice from Landlord of Tenant’s failure to pay such Additional Charge when due (and such notice of failure from Landlord may be given any time after such payment of any Additional Charge is one (1) day late);
(c) Tenant or, unless the Guarantor EOD Conditions exist, Guarantor shall:
(i) file a petition in bankruptcy or a petition to take advantage of any insolvency law or statute under Federal law, specifically including Xxxxx 00, Xxxxxx Xxxxxx Code, §§ 101-1532, or analogous state law;
(ii) make an assignment for the benefit of its creditors; or
(iii) consent to the appointment of a receiver of itself or of the whole or substantially all of its property;
(i) Tenant shall be adjudicated as bankrupt or a court of competent jurisdiction shall enter an order or decree appointing, without the consent of Tenant, a receiver of Tenant or of all or substantially all of Tenant’s property, or approving a petition filed against Tenant seeking reorganization or arrangement of Tenant under Federal law, specifically including Title 00, Xxxxxx Xxxxxx Xxxx, §§ 000-0000, or analogous state law, and such judgment, order or decree shall not be vacated or set aside or stayed within sixty (60) days from the date of the entry thereof;
(ii) Unless the Guarantor EOD Conditions exist, Guarantor shall be adjudicated as bankrupt or a court of competent jurisdiction s...
Tenant Events of Default. Each of the following shall constitute a “Tenant Event of Default” to the extent permitted by applicable law:
A. The filing by Tenant or SVC of a voluntary petition in bankruptcy or insolvency or a petition for reorganization under any bankruptcy law, or the admission by Tenant that it is unable to pay its debts as they become due, or the institution of any proceeding by Tenant for its dissolution or termination. Upon the occurrence of any Tenant Event of Default as described under this Section 9.06.A, said Tenant Event of Default shall be deemed a “Tenant Default” under this Agreement.
B. The consent by Tenant or SVC to an involuntary petition in bankruptcy or the failure to vacate, within ninety (90) days from the date of entry thereof, any order approving an involuntary petition by Tenant. Upon the occurrence of any Tenant Event of Default as described under this Section 9.06.B, said Tenant Event of Default shall be deemed a “Tenant Default” under this Agreement.
C. The entering of an order, judgment or decree by any court of competent jurisdiction, on the application of a creditor, adjudicating Tenant or SVC as bankrupt or insolvent or approving a petition seeking reorganization or appointing a receiver, trustee, or liquidator of all or a substantial part of Tenant’s or SVC’s assets, and such order, judgment or decree’s continuing unstayed and in effect for an aggregate of sixty (60) days (whether or not consecutive). Upon the occurrence of any Tenant Event of Default as described under this Section 9.06.C, said Tenant Event of Default shall be deemed a “Tenant Default” under this Agreement.
D. The failure of Tenant to make any payment (or cause to be made any payment by any Affiliate of Tenant which is a party thereto) required to be made in accordance with the terms of this Agreement or any Incidental Document on or before the date due. Upon the occurrence of any Tenant Event of Default as described under this Section 9.06.D, said Tenant Event of Default shall be deemed a “Tenant Default” under this Agreement if Tenant fails to cure such Tenant Event of Default (1) within any applicable notice and cure period, if any, provided in the document pursuant to which such payment is to be made, or (2) otherwise, eight (8) days after receipt of written notice from the other party to such document demanding such cure.
E. The failure of Tenant, SVC or Landlord to perform, keep or fulfill any of the other covenants, undertakings, obligations or conditions set f...
Tenant Events of Default. Any one or more of the following shall constitute a “Tenant Event of Default”:
Tenant Events of Default. Any of the following shall be deemed a Tenant “Event of Default”:
(a) The failure to pay any installment of Rent (including all other charges hereunder) when the same becomes due and the failure continues for fifteen (15) days after written notice thereof is given to Tenant.
(b) Tenant’s failure to perform or observe any other material covenant, term or condition of this Lease to be performed or observed by Tenant, and the failure continues for thirty (30) days after written notice thereof is given to Tenant, provided that, if Tenant commences to cure within such thirty (30) day period and continues to diligently until such cure is complete, then it shall not be an Event of Default hereunder that Tenant has not cured any breach within such thirty (30) day period.
Tenant Events of Default. The occurrence of any of the following shall constitute an event of default by Tenant hereunder:
(1) The filing of a petition by or against Tenant for adjudication as a bankrupt or insolvent, or for its reorganization or for the appointment of a receiver or trustee of Tenant’s property; an assignment by Tenant for the benefit of creditors or the taking of possession of the property of Tenant by any governmental officer or agency pursuant to statutory authority for the dissolution or liquidation of Tenant.
(2) Failure of Tenant to pay when due any installment of Rent hereunder or any other sum herein required to be paid by Tenant, and the continuance of such nonpayment for five (5) days after written notice from Landlord that such installment is due; provided that Landlord shall not be obligated to provide such notice more than two (2) times per calendar year.
(3) Tenant’s refusal to accept delivery of possession of the Premises, abandonment, vacation or misuse of the Premises by Tenant.
(4) Tenant fails to observe or perform any of the covenants with respect to a Transfer.
(5) Tenant’s failure to perform any other covenant or condition of this Lease within twenty (20) days after written notice and demand from Landlord.
Tenant Events of Default. The occurrence of any one or more of the following events shall constitute an “event of default” under this Lease by Tenant:
(i) The failure by Tenant to make any payment of Rent or any other payment required to be made by Tenant hereunder, as and when due, which failure continues for a period of forty-five (45) days following written notice from Landlord to Tenant.
(ii) Failure by Tenant to observe or perform any of the covenants, conditions or provisions of this Lease to be observed or performed by Tenant, where such failure shall continue for a period of forty-five (45) days after written notice thereof from Landlord to Tenant. In the event the default cannot reasonably be cured within such forty-five (45) day period, Tenant shall not be in default if Tenant commences the cure within the forty-five (45) day period and thereafter diligently prosecutes the cure to completion.
(a) The making by Tenant of any general arrangement or general assignment for the benefit of creditors; (b) Tenant 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 Tenant, the same is dismissed within sixty (60) days); (c) the appointment of a trustee or receiver to take possession of substantially all of Tenant ‘s assets located at the Premises or of Tenant’s interest in this Lease, where possession is not restored to Tenant within sixty (60) days; or (d) the attachment, execution or other judicial seizure of substantially all of Tenant’s assets located at the Premises or of Tenant’s interest in this Lease, where such seizure is not discharged within sixty (60) days.
Tenant Events of Default. 19 Section 16.2 Surrender of Premises 20 Section 16.3 Reletting 20 Section 16.4 Landlord's Recovery 20 Section 16.5 Landlord Events of Default 20 Section 16.6 Remedies Cumulative 21 Section 16.7 Limitation of Landlord Liability 21
Tenant Events of Default. Any of the following shall constitute a material default and breach of this Lease by the Tenant (each a “Tenant Event of Default”):
Tenant Events of Default. Any one or more of the following events shall constitute an event of default of the Tenants under this Agreement (a “Tenant Event of Default” or “Tenant Default”):
