Tenant’s Bankruptcy. Landlord and Tenant (as either debtor or debtor-in-possession) agree that if a petition (“Petition”) is filed by or against Tenant under any Chapter of Title 11 of the United States Code (the “Bankruptcy Code”), the following provisions shall apply:
(a) Adequate protection for Tenant’s obligations accruing after filing of the Petition and before this Lease is rejected or assumed shall be provided within 15 days after filing in the form of a security deposit equal to three months’ Base Rent and Additional Rent and other Lease charges, to be held by the court or an escrow agent approved by Landlord and the court.
(b) The sum of all amounts payable by Tenant to Landlord under this Lease constitutes reasonable compensation for the occupancy of the Premises by Tenant.
(c) Tenant or Trustee shall give Landlord at least 30 days written notice of any vacating or abandonment of the Premises or any proceeding relating to administrative claims. If Tenant vacates or abandons without notice, Tenant or Trustee shall stipulate to entry of an order for relief from stay to permit Landlord to reenter and re-let the Premises.
(d) If Tenant failed to timely and fully perform any of its obligations under this Lease before the filing of the Petition, whether or not Landlord has given Tenant written notice of that failure and whether or not any time period for cure expired before the filing of the Petition, Tenant shall be deemed to have been in default on the date the Petition was filed for all purposes under the Bankruptcy Code.
(e) For the purposes of Section 365(b)(1) of the Bankruptcy Code, prompt cure of defaults shall mean cure within 30 days after assumption.
(f) For the purposes of Section 365(b)(1) and 365(f)(2) of the Bankruptcy Code, adequate assurance of future performance of this Lease by Tenant, Trustee or any proposed assignee will require that Tenant, Trustee or the proposed assignee deposit three months of Base Rent and Additional Rent into an escrow fund (to be held by the court or an escrow agent approved by Landlord and the court) as security for such future performance. In addition, if this Lease is to be assigned, adequate assurance of future performance by the proposed assignee shall require that: (i) the assignee have a tangible net worth not less than the net worth of Tenant as of the Commencement Date or that such assignee’s performance be unconditionally guaranteed by a person or entity that has a tangible net worth not less than the net worth of Tena...
Tenant’s Bankruptcy. If the Tenant becomes insolvent or bankrupt or has a receiver appointed over any of its assets, the Landlord may, at its option, terminate this Lease, and in that event the next three (3) month’s Basic Rent will immediately become due and payable and the Landlord may re-enter and take possession of the Premises.
Tenant’s Bankruptcy. Neither Guarantor’s obligation to make payment in accordance with the terms of this Guaranty, nor any remedy for the enforcement thereof, shall be impaired, modified, released, or limited in any way by any impairment, modification, release, or limitation of the liability of Tenant or Tenant’s representatives in bankruptcy, resulting from the operation of any present or future provision of the Bankruptcy Code of the United States or from the decision of any court interpreting the same.
Tenant’s Bankruptcy. If any voluntary or involuntary petition or similar pleading under any section or sections of any bankruptcy or insolvency act shall be filed by or against Tenant, or any voluntary or involuntary proceeding in any court or tribunal shall be instituted to declare Tenant insolvent or unable to pay Tenant's debts, or Tenant makes an assignment for the benefit of its creditors, or a trustee or receiver is appointed for Tenant or for the major part of Tenant's property, then to the extent such election is permitted by law and is not unenforceable under applicable Federal bankruptcy laws, Landlord may elect, but is not required, with or without notice of such election and with or without entry or other action by Landlord, to terminate this Lease.
Tenant’s Bankruptcy. This Guarantee will not be cancelled on the Tenant’s bankruptcy (as the tenancy potentially can continue even if the Tenant becomes bankrupt).
Tenant’s Bankruptcy. If this Lease is assigned to any person or entity pursuant to the provisions of the United States Bankruptcy code, 11 U.S.
Tenant’s Bankruptcy. In addition to other available remedies, if Tenant becomes the subject of a voluntary or involuntary bankruptcy, reorganization, composition, or other similar proceeding under the federal bankruptcy laws:
Tenant’s Bankruptcy. In addition to Landlord’s remedies under Section 25, Landlord may, at its sole discretion and without notice, invoke the following provisions:
Tenant’s Bankruptcy. If the Tenant becomes insolvent or bankrupt or has a receiver appointed over any of its assets, the Landlord may, at its option, terminate this lease and the Landlord may re-enter and take possession of the Premises.
Tenant’s Bankruptcy. In the event of Tenant’s bankruptcy, Landlord shall be entitled to all rights, remedies, and protections allowed under law.
