Xxxxxxxx’s Right to Cure. Landlord, at any time after Xxxxxx commits a default, can cure the default at Tenant's cost. If Landlord at any time, by reason of Tenant's default, pays any sum or does any act that requires the payment of any sum, the sum paid by Landlord shall be due immediately from Tenant to Landlord at the time the sum is paid, and if paid at a later date shall bear interest at the maximum rate an individual is permitted by law to charge from the date the sum is paid by Landlord until Landlord is reimbursed by Xxxxxx. The sum, together with interest on it, shall be additional rent.
Xxxxxxxx’s Right to Cure. Notwithstanding anything to the contrary in this Agreement (including this Article 8), upon the occurrence of a Default or Event of Default as a result of the Borrower’s failure to comply with Section 7.10 above for any fiscal quarter, the Borrower shall have the right (the “Cure Right”) (at any time during such fiscal quarter or thereafter until the date that is 15 Business Days after the date on which financial statements for such fiscal quarter are required to be delivered pursuant to Section 6.01(a) or (b), as applicable) to issue Qualified Equity Interests or other equity (such other equity to be on terms reasonably acceptable to the Administrative Agent) for cash or otherwise receive cash contributions in respect of its Qualified Equity Interests (the “Cure Amount”), and thereupon compliance with Section 7.10 shall be recalculated giving effect to a pro forma increase in the amount of Consolidated EBITDA by an amount equal to the Cure Amount (notwithstanding the absence of a related addback in the definition of “Consolidated EBITDA”) solely for the purpose of determining compliance with Section 7.10 as of the end of such fiscal quarter and for applicable subsequent periods that include such fiscal quarter. If, after giving effect to the foregoing recalculation (but not, for the avoidance of doubt, taking into account any repayment of Indebtedness in connection therewith), the requirements of Section 7.10 would be satisfied, then the requirements of Section 7.10 shall be deemed satisfied as of the end of the relevant fiscal quarter with the same effect as though there had been no failure to comply therewith at such date, and the applicable breach or default of Section 7.10 that had occurred (or would have occurred) shall be deemed cured for the purposes of this Agreement. Notwithstanding anything herein to the contrary, (i) in each four consecutive fiscal quarter period there shall be at least two fiscal quarters (which may, but are not required to be, consecutive) in which the Cure Right is not exercised, (ii) during the term of this Agreement, the Cure Right shall not be exercised more than five times, (iii) the amount of the issuance of Qualified Equity Interests given effect as a Cure Amount shall be no greater than the amount required for the purpose of complying with Section 7.10, (iv) there shall be no pro forma or actual reduction of the amount of Indebtedness by the amount of any Cure Amount for purposes of determining compliance with Section...
Xxxxxxxx’s Right to Cure. Notwithstanding anything to the contrary contained in Section 7.01 or Section 7.02:
Xxxxxxxx’s Right to Cure. Landlord may (but shall not be obligated to), on five (5) days’ notice to Tenant (except that no notice need be given in case of emergency), cure on behalf of Tenant any default hereunder by Xxxxxx, and the cost of such cure (including any attorney’s fees incurred) shall be deemed additional rent payable upon demand.
Xxxxxxxx’s Right to Cure. Notwithstanding anything to the contrary contained in Section 7.10(a), in the event that the Total Net Leverage Ratio is greater than the amount set forth in Section 7.10(a) on the last day of any applicable Test Period, the proceeds of any equity contribution made to the Borrower and the proceeds of any issuance by the Borrower of its Equity Interests (in the form of Qualified Equity Interests) of the Borrower having terms acceptable to the Administrative Agent in its sole discretion (such Equity Interests, “Cure Security”), in each case, received after the first day of such Test Period and on or prior to the day that is 15 Business Days after the day on which financial statements are required to be delivered for such Test Period and Not Otherwise Applied (such date, the “Cure Expiration Date”) will, at the request of the Borrower, be included in the calculation of Consolidated Adjusted EBITDA solely for the purposes of determining compliance with the financial covenant set forth in Section 7.10(a) at the end of such Test Period and any subsequent period that includes a fiscal quarter in such Test Period (any such equity contribution, a “Specified Equity Contribution”); provided that,
Xxxxxxxx’s Right to Cure. Notwithstanding anything to the contrary contained in Article VIII: (a) For the purpose of determining whether an Event of Default under Section 7.11(a) and/or Section 7.11(b) has occurred, the Lead Borrower may on one or more occasions designate any portion of the net cash proceeds from a sale or issuance of Equity Interests (other than Disqualified Equity Interests unless reasonably acceptable to Administrative Agent) of the Lead Borrower (or any direct or indirect parent company), which proceeds are then contributed to the Lead Borrower as cash common equity) or any cash contribution to the common equity capital of the Lead Borrower (the “Cure Amount”) as an increase to Consolidated EBITDA for the applicable fiscal quarter and/or to Liquidity for the applicable fiscal month; provided, that (A) such amounts to be designated (i) are actually received by the Lead Borrower after the first day of the applicable fiscal quarter or fiscal month, as applicable, and on or prior to (x) with respect to Section 7.11(a), the fifteenth Business Day after the date
Xxxxxxxx’s Right to Cure. If Tenant at any time fails to make any payment or take any action this Lease requires, then Landlord shall have the right at any time in the event of a Material O&M Default, or in the event of an emergency (for purposes hereof, "emergency" shall be deemed to mean that there is an imminent risk to any Person or portion of the Center), or upon thirty (30) days' Notice to Tenant in all other circumstances, to take such actions as this Lease may permit without waiving or releasing Tenant from any obligation or Default and without waiving Landlord's right to immediately take such action as Landlord deems appropriate under the circumstances, as a result of such Default, and may (but need not) make such payment or take such actions. Tenant shall reimburse Landlord, as Additional Rent, for an amount equal to (a) all reasonable sums paid, and reasonable costs and expenses (including Legal Costs) incurred by Landlord in exercising its cure rights under this paragraph, and (b) Default Interest.
Xxxxxxxx’s Right to Cure. In the event of any breach of this Lease by Xxxxxx, Landlord may (but shall not be obligated to) at any time, after five (5) days’ written notice to Tenant, cure such breach for the account and at the expense of Tenant. If Landlord at any time so elects or is compelled by any other person to cure such breach or is compelled to incur any other expense arising out of such breach by Tenant (including without limitation, reasonable attorneys’ fees and disbursements in instituting, prosecuting or defending any suits, actions or proceedings to enforce Landlord’s rights under this or any other paragraph of this Lease or otherwise) the sum or sums so paid by Landlord, with all interest and costs, shall be paid by Tenant to Landlord within five (5) days following written demand. The failure of Tenant to thereafter pay said sums shall constitute an act of default. Such expenses may be recovered in the same action or proceeding forming the basis of default.
Xxxxxxxx’s Right to Cure. (a) Notwithstanding anything to the contrary contained in Section 10.1, in the event of any Event of Default under any covenant set forth in Article VI and until the expiration of the tenth (10th) Business Day after the date on which the Consolidated Fixed Charge Coverage Ratio calculation would be required to be delivered pursuant to Section 6.1 or Section 7.2(a) (such date, the “Cure Expiration Date”), following delivery of a Notice of Intent to Cure in accordance herewith, the Borrower may designate any portion of the Net Cash Proceeds of any issuance of common Equity Interests of the Borrower or any cash capital contribution to the common equity of the Borrower as an increase to Consolidated EBITDA with respect to such applicable quarter; provided that all such Net Cash Proceeds to be so designated (i) are actually received by the Borrower as cash common equity (including through capital contribution of such Net Cash Proceeds to the Borrower) after the date of such notice and before the Cure Expiration Date and (ii) the aggregate amount of such Net Cash Proceeds or cash capital contribution that are so designated shall not exceed 100% of the aggregate amount necessary to cure such Event of Default under Article VI for any applicable period.
Xxxxxxxx’s Right to Cure. If Tenant defaults in the performance of any obligation under this Lease, Landlord will have the right (but is not required) to perform such obligation and, if necessary, to enter upon the Premises. All costs incurred by Landlord (together with interest at the rate of 15% per annum, but not to exceed the highest legal rate) will be deemed to be Additional Rent under this Lease and will be payable to Landlord immediately on demand. Landlord may exercise the foregoing rights without waiving any of its other rights or releasing Tenant from any of its obligations under this Lease.
