Certain Remedies. If an Event of Default shall have occurred, Lessor may terminate this Lease with respect to the Facility from which such Event of Default emanated, if any (provided, that any Event of Default that relates to Lessee’s performance hereunder generally and is not limited to circumstances at any specified Facility(ies), expressly including, without limitation, any Event of Default for failure to pay Minimum Rent, may be deemed by Lessor, in its reasonable discretion, to affect all Facilities). If at any time during the Term, Lessor has terminated this Lease with respect to a number of Facilities equal to seven percent (7%) or more (in the aggregate) of the number of Facilities then subject to this Lease pursuant to the first sentence of this Section 16.2, then if any additional Event(s) of Default shall occur thereafter, Lessor may terminate this Lease with respect any one or more (including all, if so elected by Lessor) of the Facilities, regardless of the cause of nature of such Event of Default, by giving Lessee notice of such termination and the Term shall terminate and all rights of Lessee under this Lease shall cease with respect to all such Facilities as to which Lessor has elected to so terminate this Lease. Any such notice of termination may, at Lessor’s option, be given and exercised concurrently with any notice of Event of Default given by Lessor to Lessee hereunder. In such event, such termination shall be effective immediately upon the occurrence of the Event of Default subject to Legal Requirements, including, without limitation, any requirement that the occupant needs to be the holder of any applicable health care licenses. In addition to the foregoing, if any Event of Default pursuant to Section 16.1(g) or (h) shall occur, Lessor shall have the immediate right, at its election in its sole discretion, to terminate this Lease with respect any one or more (including all, if so elected by Lessor) of the Facilities. In all such events, Lessor shall have all rights at law and in equity available to Lessor as a result of any Event of Default. Lessee shall pay as Additional Charges all costs and expenses incurred by or on behalf of Lessor, including reasonable attorneys’ fees and expenses, as a result of any Event of Default hereunder. If an Event of Default shall have occurred and be continuing, whether or not this Lease has been terminated with respect to any one or more (including all, if so elected by Lessor and permitted in accordance with the terms hereof) of the Facilities pursuant to this Section 16.2, Lessee shall, to the extent permitted by law, if required by Lessor so to do, immediately surrender to Lessor possession of the Leased Property and any Capital Additions of the Facilities as to which Lessor has so elected to terminate this Lease and quit the same and Lessor may enter upon and repossess such Leased Property and such Capital Additions by reasonable force, summary proceedings, ejectment or otherwise, and may remove Lessee and all other Persons and any of Lessee’s Personal Property from such Leased Property and such Capital Additions.
Appears in 2 contracts
Samples: Master Lease and Security Agreement (Hcp, Inc.), Master Lease and Security Agreement (Hcp, Inc.)
Certain Remedies. If an Event of Default shall have occurredoccurred and be continuing, Lessor Landlord may (a) terminate this ILEC Master Lease with respect to the Facility from which such Event of Default emanated, if any (provided, that any Event of Default that relates to Lessee’s performance hereunder generally and is not limited to circumstances at any specified Facility(ies), expressly including, without limitation, any Event of Default for failure to pay Minimum Rent, may be deemed by Lessor, in its reasonable discretion, to affect all Facilities). If at any time during the Term, Lessor has terminated this Lease with respect to a number of Facilities equal to seven percent (7%) or more (in the aggregate) of the number of Facilities then subject to this Lease pursuant to the first sentence of this Section 16.2, then if any additional Event(s) of Default shall occur thereafter, Lessor may terminate this Lease with respect any one or more (including all, if so elected by Lessor) of the Facilities, regardless of the cause of nature of such Event of Default, by giving Lessee notice Tenant no less than ten (10) days’ Notice of such termination and the Term shall terminate and all rights of Lessee Tenant under this ILEC Master Lease shall cease with respect to all such Facilities cease, (b) seek damages as to which Lessor has elected to so terminate this Lease. Any such notice of termination mayprovided in Section 16.3 hereof, at Lessor(c) in Landlord’s option, be given and exercised concurrently with any notice of Event of Default given by Lessor to Lessee hereunder. In such event, such termination shall be effective immediately upon the occurrence of the Event of Default subject to Legal Requirements, including, without limitation, any requirement that the occupant needs to be the holder of any applicable health care licenses. In addition to the foregoing, if any Event of Default pursuant to Section 16.1(g) or (h) shall occur, Lessor shall have the immediate right, at its election in its sole discretion, elect not to terminate fund any GCI work undertaken by Tenant under Section 10.2 of this ILEC Master Lease with respect and/or (d) exercise any one other right or more (including all, if so elected by Lessor) of the Facilities. In all such events, Lessor shall have all rights remedy at law and or in equity available to Lessor Landlord as a result of any Event of Default. Lessee Tenant shall pay as Additional Charges all costs and expenses incurred by or on behalf of LessorLandlord, including reasonable attorneys’ fees and expenses, as a result of any Event of Default hereunder. If an Event of Default shall have occurred and be continuing, whether or not this ILEC Master Lease has been terminated with respect to any one or more (including all, if so elected by Lessor and permitted in accordance with the terms hereof) of the Facilities pursuant to the first sentence of this Section 16.2, Lessee Tenant shall, to the extent permitted by lawlaw (including applicable Communications Regulations), if required by Lessor so Landlord to dodo so, immediately surrender to Lessor Landlord possession of all or any portion of the Leased Property and (including any Tenant Capital Additions Improvements of the Facilities ILEC Facilities) as to which Lessor Landlord has so elected to terminate this Lease demanded and quit the same and Lessor may Landlord may, to the extent permitted by law (including applicable Communications Regulations), enter upon and repossess such Leased Property and such any Capital Additions Improvement thereto by reasonable force, summary proceedings, ejectment or otherwise, and and, to the extent permitted by law (including applicable Communications Regulations), may remove Lessee Tenant and all other Persons and any of LesseeTenant’s Personal Property from such Leased Property (including any such Tenant Capital Improvement thereto). 7171 Damages . Subject to Landlord’s option to receive liquidated damages under this Section 16.3, none of (i) the termination of this ILEC Master Lease, (ii) the repossession of the Leased Property (including any Capital Improvements to any ILEC Facility), (iii) the failure of Landlord to relet the Leased Property or any portion thereof, (iv) the reletting of all or any portion of the Leased Property, or (v) the inability of Landlord to collect or receive any rentals due upon any such reletting, shall relieve Tenant of its liabilities and obligations hereunder, all of which shall survive any such Capital Additions.termination, repossession or reletting. Landlord and Tenant agree that Landlord shall have no obligation to mitigate Landlord’s damages under this ILEC Master Lease. If any such termination of this ILEC Master Lease occurs (whether or not Landlord terminates Tenant’s right to possession of the Leased Property), Tenant shall forthwith pay to Landlord all Rent due and payable under this ILEC Master Lease to and including the date of such termination. Thereafter: Tenant shall forthwith pay to Landlord, at Landlord’s option, as and for liquidated and agreed current damages for the occurrence of an Event of Default, either:
Appears in 1 contract
Samples: Ilec Master Lease (Uniti Group Inc.)
Certain Remedies. If an Event of Default shall have occurred, Lessor Landlord may terminate this Master Lease with respect to the Facility from which such Event of Default emanated, if any (provided, that any Event of Default that relates to Lessee’s performance hereunder generally and is not limited to circumstances at any specified Facility(ies), expressly including, without limitation, any Event of Default for failure to pay Minimum Rent, may be deemed by Lessor, in its reasonable discretion, to affect all Facilities). If at any time during the Term, Lessor has terminated this Lease with respect to a number of Facilities equal to seven percent (7%) or more (in the aggregate) of the number of Facilities then subject to this Lease pursuant to the first sentence of this Section 16.2, then if any additional Event(s) of Default shall occur thereafter, Lessor may terminate this Lease with respect any one or more (including all, if so elected by Lessor) of the Facilities, regardless of the cause of nature of such Event of Default, by giving Lessee Tenant no less than ten (10) days notice of such termination and the Term shall terminate and all rights of Lessee Tenant under this Master Lease shall cease with respect to all such Facilities as to which Lessor has elected to so terminate this Leasecease. Any such notice of termination may, at Lessor’s option, be given and exercised concurrently with any notice of Event of Default given by Lessor to Lessee hereunder. In such event, such termination shall be effective immediately upon the occurrence of the Event of Default subject to Legal Requirements, including, without limitation, any requirement that the occupant needs to be the holder of any applicable health care licenses. In addition Subject to the foregoinglimitations set forth in Section 16.4, if any Event of Default pursuant to Section 16.1(g) or (h) shall occur, Lessor shall have the immediate right, at its election in its sole discretion, to terminate this Lease with respect any one or more (including all, if so elected by Lessor) of the Facilities. In all such events, Lessor Landlord shall have all rights at law and in equity available to Lessor Landlord as a result of any Event of Default; provided, however, although Tenant has the right under certain circumstances set forth in this Lease to purchase some or all of the Leased Property in lieu of fulfilling certain obligations imposed on Tenant under this Master Lease, in no event shall Landlord have the right to require Tenant to purchase any or all of the Facilities from Landlord (i.e., a so-called “put right,”) as a result of the occurrence of an Event of Default; and provided, further, that in the event that Landlord elects to exercise its option to purchase some or all of Tenant Personal Property in accordance with the provisions of Section 36.3(a), any damages which Landlord is entitled to recover from Tenant shall be reduced on a dollar for dollar basis by the amount due from Landlord to Tenant pursuant to Section 36.3(a). Lessee Tenant shall pay as Additional Charges all costs and expenses incurred by or on behalf of LessorLandlord, including reasonable attorneys’ fees and expenses, as a result of any Event of Default hereunder. If an Event of Default shall have occurred and be continuing, whether or not this Master Lease has been terminated with respect to any one or more (including all, if so elected by Lessor and permitted in accordance with the terms hereofLandlord) of the Facilities pursuant to this Section 16.216.1, Lessee Tenant shall, to the extent permitted by law, if required by Lessor Landlord so to do, immediately surrender to Lessor Landlord possession of the Leased Property and any Tenant Capital Additions of the Facilities as to which Lessor Landlord has so elected to terminate this Master Lease and quit the same and Lessor Landlord may enter upon and repossess such Leased Property and such Tenant Capital Additions Addition thereto by reasonable force, summary proceedings, ejectment or otherwise, and and, to the extent permitted by law, may remove Lessee Tenant and all other Persons (other than the residents of each Facility) and any of LesseeTenant’s Personal Property from such Leased Property and such Tenant Capital AdditionsAddition thereto.
Appears in 1 contract
Certain Remedies. If an a Facility Event of Default shall have occurred with respect to any Facility, Lessor may terminate this Lease with respect to such Facility and if a Master Lease Event of Default shall have occurred, Lessor may terminate this Lease with respect to any or all of the Facility from which Facilities. Any such Event termination of Default emanated, if any (provided, that any Event of Default that relates to Lessee’s performance hereunder generally and is not limited to circumstances at any specified Facility(ies), expressly including, without limitation, any Event of Default for failure to pay Minimum Rent, may be deemed by Lessor, in its reasonable discretion, to affect all Facilities). If at any time during the Term, Lessor has terminated this Lease with respect to a number of Facilities equal to seven percent (7%) or more (in the aggregate) of the number of Facilities then subject to this Lease pursuant to the first sentence of this Section 16.2, then if any additional Event(s) of Default shall occur thereafter, Lessor may terminate this Lease with respect any one or more (including all, if so elected by Lessor) of the Facilities, regardless of the cause of nature of such Event of Defaultas applicable, by Lessor shall be exercised by giving Lessee notice of such termination and the Term shall terminate and all rights of Lessee under this Lease shall cease with respect to all such applicable Facility or Facilities as to which Lessor has elected to so terminate this Lease. Any such notice of termination may, at Lessor’s option, be given and exercised concurrently with any notice of the applicable Event of Default given by Lessor to Lessee hereunderhereunder (if any such notices is required therefor). In such event, such termination shall be effective immediately upon the occurrence of the applicable Event of Default subject to Legal Requirements, including, without limitation, any requirement that the occupant replacement operator needs to be the holder of any applicable health care licenses. In addition to the foregoing, if any Event of Default pursuant to Section 16.1(g) or (h) shall occur, Lessor shall have the immediate right, at its election in its sole discretion, to terminate this Lease with respect any one or more (including all, if so elected by Lessor) of the Facilities. In all such events, Lessor shall have all rights at law and in equity available to Lessor as a result of any Event of Default. Lessee shall pay as Additional Charges all costs and expenses incurred by or on behalf of Lessor, including reasonable attorneys’ fees and expenses, as a result of any Event of Default hereunder. If an Event of Default shall have occurred and be continuing, whether or not this Lease has been terminated with respect to any one or more (including all, if so elected by Lessor and permitted in accordance with the terms hereof) of the Facilities pursuant to this Section 16.216.2.1, Lessee shall, to the extent permitted by law, if required by Lessor so to do, immediately surrender to Lessor possession of the Leased Property and any Capital Additions of the Facilities as to which Lessor has so elected to terminate this Lease and quit the same and Lessor may enter upon and repossess such Leased Property and such Capital Additions by reasonable force, summary proceedings, ejectment or otherwise, and may remove Lessee and all other Persons and any of Lessee’s Personal Property from such Leased Property and such Capital Additions.
Appears in 1 contract
Samples: Master Lease and Security Agreement (Brookdale Senior Living Inc.)
Certain Remedies. If an Event of Default shall have occurred, Lessor may terminate this Lease with respect to the Facility from which such Event of Default emanated, if any (provided, that any Event of Default that relates to Lessee’s performance hereunder generally and is not limited to circumstances at any specified Facility(ies), expressly including, without limitation, any Event of Default for failure to pay Minimum Rent, may be deemed by Lessor, in its reasonable discretion, to affect all Facilities). If at any time during the Term, Lessor has terminated this Lease with respect to a number of Facilities equal to seven percent (7%) or more (in the aggregate) of the number of Facilities then subject to this Lease pursuant to the first sentence of this Section 16.2, then if any additional Event(s) of Default shall occur thereafter, Lessor may terminate this Lease with respect any one or more (including all, if so elected by Lessor) of the Facilities, regardless of the cause of nature of whether such Event of DefaultDefault emanated primarily from a single Facility, by giving Lessee notice of such termination and the Term shall terminate and all rights of Lessee under this Lease shall cease with respect to all such Facilities as to which Lessor has elected to so terminate this Lease. Lessor shall have all rights at law and in equity available to Lessor as a result of any Event of Default. Any such notice of termination may, at Lessor’s 's option, be given and exercised concurrently with any notice of Event of Default given by Lessor to Lessee hereunder. In such event, such termination shall be effective immediately upon the occurrence of the Event of Default subject to Legal Requirements, including, without limitation, any requirement that the occupant needs to be the holder of any applicable health care licenses. In addition to the foregoing, if any Event of Default pursuant to Section 16.1(g) or (h) shall occur, Lessor shall have the immediate right, at its election in its sole discretion, to terminate this Lease with respect any one or more (including all, if so elected by Lessor) of the Facilities. In all such events, Lessor shall have all rights at law and in equity available to Lessor as a result of any Event of Default. Lessee shall pay as Additional Charges all costs and expenses incurred by or on behalf of Lessor, including reasonable attorneys’ ' fees and expenses, as a result of any Event of Default hereunder. If an Event of Default shall have occurred and be continuing, whether or not this Lease has been terminated with respect to any one or more (including all, if so elected by Lessor and permitted in accordance with the terms hereofLessor) of the Facilities pursuant to this Section 16.2, Lessee shall, to the extent permitted by law, if required by Lessor so to do, immediately surrender to Lessor possession of the Leased Property and any Capital Additions of the Facilities as to which Lessor has so elected to terminate this Lease and quit the same and Lessor may enter upon and repossess such Leased Property and such Capital Additions by reasonable force, summary proceedings, ejectment or otherwise, and may remove Lessee and all other Persons and any of Lessee’s 's Personal Property from such Leased Property and such Capital Additions.
Appears in 1 contract
Samples: Master Lease (Ensign Group, Inc)
Certain Remedies. If an In the case of (i) any Event of Default specified in any Section other than Section 8.1(f) or 8.1(g), the Agent may, and at the request of the Required AMENDMENT NO. 2 AND WAIVER TO CREDIT AGREEMENT OF XINHUA SPORTS & ENTERTAINMENT LIMITED Lenders shall, by notice to the Borrower declare the unpaid principal amount of the Loans and interest accrued thereon and all other Obligations to be immediately due and payable, which upon delivery of such notice shall have occurredbecome immediately due and payable without presentment, Lessor may terminate this Lease demand, protest or other notice of any kind, all of which are hereby waived by the Borrower, and (ii) any of the Events of Default specified in either Section 8.1(f) or 8.1(g), automatically, without any notice to the Borrower or any other act by the Agent or any Lender, the Commitments shall thereupon terminate, and the unpaid principal amount of the Loans and interest accrued thereon and all other Obligations shall immediately become due and payable without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the Borrower, provided, that, with respect to the Facility from which Convertible Term Loans only, such Event Lender may, regardless of Default emanatedany such amounts becoming due, elect at any time after acceleration to convert such Convertible Term Loans into Borrower Common Shares pursuant to Article X hereof. For purposes of clarification, if any (providedLender elects to convert its Convertible Term Loans to Borrower Common Shares pursuant to Article X hereof, that any Event of Default that relates to Lessee’s performance hereunder generally and is the Borrower shall not limited to circumstances at any specified Facility(ies), expressly including, without limitation, any Event of Default for failure have to pay Minimum Rent, may be deemed by Lessor, in its reasonable discretion, the Loan Payment Amount for Convertible Term Loans if such Borrower Common Shares are delivered to affect all Facilities). If at any time during the Term, Lessor has terminated this Lease with respect to a number of Facilities equal to seven percent (7%) or more (in the aggregate) of the number of Facilities then subject to this Lease pursuant to the first sentence of this Section 16.2, then if any additional Event(s) of Default shall occur thereafter, Lessor may terminate this Lease with respect any one or more (including all, if so elected by Lessor) of the Facilities, regardless of the cause of nature of such Event of Default, by giving Lessee notice of such termination and the Term shall terminate and all rights of Lessee under this Lease shall cease with respect to all such Facilities as to which Lessor has elected to so terminate this Lease. Any such notice of termination may, at Lessor’s option, be given and exercised concurrently with any notice of Event of Default given by Lessor to Lessee hereunder. In such event, such termination shall be effective immediately upon the occurrence of the Event of Default subject to Legal Requirements, including, without limitation, any requirement that the occupant needs to be the holder of any applicable health care licenses. In addition to the foregoing, if any Event of Default pursuant to Section 16.1(g) or (h) shall occur, Lessor shall have the immediate right, at its election in its sole discretion, to terminate this Lease with respect any one or more (including all, if so elected by Lessor) of the Facilities. In all such events, Lessor shall have all rights at law and in equity available to Lessor as a result of any Event of Default. Lessee shall pay as Additional Charges all costs and expenses incurred by or on behalf of Lessor, including reasonable attorneys’ fees and expenses, as a result of any Event of Default hereunder. If an Event of Default shall have occurred and be continuing, whether or not this Lease has been terminated with respect to any one or more (including all, if so elected by Lessor and permitted Lender in accordance with the terms Article X hereof) of the Facilities pursuant to this Section 16.2, Lessee shall, to the extent permitted by law, if required by Lessor so to do, immediately surrender to Lessor possession of the Leased Property and any Capital Additions of the Facilities as to which Lessor has so elected to terminate this Lease and quit the same and Lessor may enter upon and repossess such Leased Property and such Capital Additions by reasonable force, summary proceedings, ejectment or otherwise, and may remove Lessee and all other Persons and any of Lessee’s Personal Property from such Leased Property and such Capital Additions.
Appears in 1 contract
Samples: Credit Agreement (XINHUA SPORTS & ENTERTAINMENT LTD)
Certain Remedies. If Upon any Event of Default, Landlord shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease, at common law or in equity, or by statute or otherwise. Tenant expressly acknowledges and agrees that the Landlord will also have the right of injunction in accordance with applicable law. Without limiting the foregoing, if an Event of Default shall have occurredoccurs, Lessor may terminate this Lease with respect to is not cured within the Facility from which such Event of Default emanatedperiod, if any, for any (providedsuch cure provided in Section 17.1, that any Event of Default that relates to Lessee’s performance hereunder generally and is not limited to circumstances at any specified Facility(ies), expressly including, without limitation, any Event of Default for failure to pay Minimum Rent, may be deemed by Lessor, in its reasonable discretion, to affect all Facilities). If at any time during the Term, Lessor has terminated this Lease with respect to a number of Facilities equal to seven percent (7%) or more (in the aggregate) of the number of Facilities then subject to this Lease pursuant to the first sentence of this Section 16.2, then if any additional Event(s) of Default shall occur thereafter, Lessor may terminate this Lease with respect any one or more (including all, if so elected by Lessor) of the Facilities, regardless of the cause of nature of such Event of Default, by giving Lessee notice of such termination and the Term shall terminate and all rights of Lessee under this Lease shall cease with respect to all such Facilities as to which Lessor has elected to so terminate this Lease. Any such notice of termination may, at Lessor’s option, be given and exercised concurrently with any notice of Event of Default given by Lessor to Lessee hereunder. In such event, such termination shall be effective immediately upon the occurrence of the Event of Default subject to Legal Requirements, including, without limitation, any requirement that the occupant needs to be the holder of any applicable health care licenses. In addition to the foregoing, if any Event of Default pursuant to Section 16.1(g) or (h) shall occur, Lessor shall have the immediate right, at its election in its sole discretion, to terminate this Lease with respect any one or more (including all, if so elected by Lessor) of the Facilities. In all such events, Lessor shall have all rights at law and in equity available to Lessor as a result of any Event of Default. Lessee shall pay as Additional Charges all costs and expenses incurred by or on behalf of Lessor, including reasonable attorneys’ fees and expenses, as a result of any Event of Default hereunder. If an Event of Default shall have occurred and be continuing, whether or not this Lease has been terminated with respect to any one or more (including all, if so elected by Lessor and permitted in accordance with the terms hereof) of the Facilities pursuant to this Section 16.2, Lessee Tenant shall, to the extent permitted by law, law and if required by Lessor Landlord so to do, immediately surrender to Lessor possession of Landlord the Leased Property and any Capital Additions of the Facilities as to which Lessor has so elected to terminate this Lease and quit the same and Lessor same. Landlord may enter upon and repossess such Leased the Property and such Capital Additions by reasonable force, summary proceedings, ejectment or otherwise, and may remove Lessee Tenant and all other Persons persons and any and all personal property from the Property subject to rights of Lessee’s Personal any residents or patients and to any requirement of law. No such entry or repossession by Landlord shall be deemed an election by Landlord to terminate this Lease unless specifically stated by Landlord in writing from Landlord to Tenant. Thereafter Landlord shall use reasonable, good faith efforts to relet the Property or otherwise mitigate Landlord's damages. Landlord may so terminate Tenant's right of possession and may repossess the Premises without liability for trespass or conversion, without demand or notice of any kind to Tenant and without terminating this Lease, in which event Landlord may, but shall be under no obligation to, relet the same for the account of Tenant for such rent and upon such terms as shall be satisfactory to Landlord. For the purpose of such reletting, Landlord is authorized to decorate or to make any repairs, changes, alterations, or additions in or to the Premises that may be necessary or convenient. If Landlord exercises the remedies provided in this subparagraph, Tenant shall pay to Landlord, and Landlord shall be entitled to recover from Tenant, an amount equal to the total of the following: (A) unpaid Rent, plus interest at the Overdue Rate, owing under the Lease for all periods of time that the Premises are not relet (including any period prior to Landlord's repossession); plus (B) the reasonable costs of recovering possession, and all of the reasonable costs and expenses of such Leased Property decorations, repairs, changes, alterations, and additions, and the reasonable expense of such Capital Additionsreletting and of the collection of the rent accruing therefrom to satisfy the Rent provided for the Leave to be paid; plus (C) any deficiency in the rentals and 44 51 other sums actually received by Landlord from any such reletting from the Rent required to be paid under this Lease with respect to the periods the Premises are so relet, and Tenant shall satisfy and pay any such deficiency upon demand therefor from time to time. Neither the repossession of the Property, the failure of Landlord to relet the Property, nor the reletting of all or any portion of the Property, shall relieve Tenant of its liability and obligation hereunder, all of which shall survive any such repossession or reletting. Tenant agrees that Landlord may file suit to recover any sums falling due under the terms of this subparagraph from time to time; and that no delivery or recovery of any portion due Tenant hereunder shall be a defense in any action to recover any amount not theretofore reduced to judgment in favor of Landlord, nor shall such reletting be construed as an election on the part of Landlord to terminate this Lease unless specifically stated by Landlord in writing from Landlord to Tenant. Notwithstanding any such reletting without termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breach in accordance with the procedure hereinafter provided. Without limiting the foregoing, whether or not this Lease has been terminated, Landlord shall have the right to offset against any Rent, damages, or other sums of money owed by Tenant any advance Rent applicable to any time period after the occurrence of the Event of Default.
Appears in 1 contract
Certain Remedies. If an Event of Default shall have occurred, Lessor Landlord may terminate this Master Lease with respect to the Facility from which such Event of Default emanated, if any (provided, that any Event of Default that relates to Lessee’s performance hereunder generally and is not limited to circumstances at any specified Facility(ies), expressly including, without limitation, any Event of Default for failure to pay Minimum Rent, may be deemed by Lessor, in its reasonable discretion, to affect all Facilities). If at any time during the Term, Lessor has terminated this Lease with respect to a number of Facilities equal to seven percent (7%) or more (in the aggregate) of the number of Facilities then subject to this Lease pursuant to the first sentence of this Section 16.2, then if any additional Event(s) of Default shall occur thereafter, Lessor may terminate this Lease with respect any one or more (including all, if so elected by Lessor) of the Facilities, regardless of the cause of nature of such Event of Default, by giving Lessee Tenant no less than ten (10) days notice of such termination and the Term shall terminate and all rights of Lessee Tenant under this Master Lease shall cease with respect to all such Facilities as to which Lessor has elected to so terminate this Leasecease. Any such notice of termination may, at Lessor’s option, be given and exercised concurrently with any notice of Event of Default given by Lessor to Lessee hereunder. In such event, such termination shall be effective immediately upon the occurrence of the Event of Default subject to Legal Requirements, including, without limitation, any requirement that the occupant needs to be the holder of any applicable health care licenses. In addition Subject to the foregoinglimitations set forth in Section 16.4, if any Event of Default pursuant to Section 16.1(g) or (h) shall occur, Lessor shall have the immediate right, at its election in its sole discretion, to terminate this Lease with respect any one or more (including all, if so elected by Lessor) of the Facilities. In all such events, Lessor Landlord shall have all rights at law and in equity available to Lessor Landlord as a result of any Event of Default; provided, however, although Tenant has the right under certain circumstances set forth in this Master Lease to purchase some or all of the Leased Property in lieu of fulfilling certain obligations imposed on Tenant under this Master Lease, in no event shall Landlord have the right to require Tenant to purchase any or all of the Facilities from Landlord (i.e., a so-called “put right,”) as a result of the occurrence of an Event of Default; and provided, further, that in the event that Landlord elects to exercise its option to purchase some or all of Tenant Personal Property in accordance with the provisions of Section 36.2(a), any damages which Landlord is entitled to recover from Tenant shall be reduced on a dollar for dollar basis by the amount due from Landlord to Tenant pursuant to Section 36.2(a). Lessee Tenant shall pay as Additional Charges all costs and expenses incurred by or on behalf of LessorLandlord, including reasonable attorneys’ fees and expenses, as a result of any Event of Default hereunder. If an Event of Default shall have occurred and be continuing, whether or not this Master Lease has been terminated with respect to any one or more (including all, if so elected by Lessor and permitted in accordance with the terms hereofLandlord) of the Facilities pursuant to this Section 16.216.1, Lessee Tenant shall, to the extent permitted by law, if required by Lessor Landlord so to do, immediately surrender to Lessor Landlord possession of the Leased Property and any Tenant Capital Additions of the Facilities as to which Lessor Landlord has so elected to terminate this Master Lease and quit the same and Lessor Landlord may enter upon and repossess such Leased Property and such Tenant Capital Additions Addition thereto by reasonable force, summary proceedings, ejectment or otherwise, and and, to the extent permitted by law, may remove Lessee Tenant and all other Persons (other than the residents of each Facility) and any of LesseeTenant’s Personal Property from such Leased Property and such Tenant Capital AdditionsAddition thereto.
Appears in 1 contract
Samples: Master Lease (SHG Services, Inc.)
Certain Remedies. If Upon any Event of Default, Landlord shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease, at Common law or in equity, or by statute or otherwise. Tenant expressly acknowledges and agrees that the Landlord will also have the right of injunction in accordance with applicable law. Without limiting the foregoing, if an Event of Default shall have occurredoccurs, Lessor may terminate this Lease with respect to is not cured within the Facility from which such Event of Default emanatedperiod, if any, for any (providedsuch cure provided in Section 17.1, that any Event of Default that relates to Lessee’s performance hereunder generally and is not limited to circumstances at any specified Facility(ies), expressly including, without limitation, any Event of Default for failure to pay Minimum Rent, may be deemed by Lessor, in its reasonable discretion, to affect all Facilities). If at any time during the Term, Lessor has terminated this Lease with respect to a number of Facilities equal to seven percent (7%) or more (in the aggregate) of the number of Facilities then subject to this Lease pursuant to the first sentence of this Section 16.2, then if any additional Event(s) of Default shall occur thereafter, Lessor may terminate this Lease with respect any one or more (including all, if so elected by Lessor) of the Facilities, regardless of the cause of nature of such Event of Default, by giving Lessee notice of such termination and the Term shall terminate and all rights of Lessee under this Lease shall cease with respect to all such Facilities as to which Lessor has elected to so terminate this Lease. Any such notice of termination may, at Lessor’s option, be given and exercised concurrently with any notice of Event of Default given by Lessor to Lessee hereunder. In such event, such termination shall be effective immediately upon the occurrence of the Event of Default subject to Legal Requirements, including, without limitation, any requirement that the occupant needs to be the holder of any applicable health care licenses. In addition to the foregoing, if any Event of Default pursuant to Section 16.1(g) or (h) shall occur, Lessor shall have the immediate right, at its election in its sole discretion, to terminate this Lease with respect any one or more (including all, if so elected by Lessor) of the Facilities. In all such events, Lessor shall have all rights at law and in equity available to Lessor as a result of any Event of Default. Lessee shall pay as Additional Charges all costs and expenses incurred by or on behalf of Lessor, including reasonable attorneys’ fees and expenses, as a result of any Event of Default hereunder. If an Event of Default shall have occurred and be continuing, whether or not this Lease has been terminated with respect to any one or more (including all, if so elected by Lessor and permitted in accordance with the terms hereof) of the Facilities pursuant to this Section 16.2, Lessee Tenant shall, to the extent permitted by law, law and if required by Lessor Landlord so to do, immediately surrender to Lessor possession of Landlord the Leased Property and any Capital Additions of the Facilities as to which Lessor has so elected to terminate this Lease and quit the same and Lessor same. Landlord may enter upon and repossess such Leased the Property and such Capital Additions by reasonable force, summary proceedings, ejectment or otherwise, and may remove Lessee Tenant and all other Persons persons and any of Lessee’s Personal and all personal Property from the Property subject to rights of any residents or patients and to any requirement of law. No such Leased entry or repossession by Landlord shall be deemed an election by Landlord to terminate this Lease unless specifically stated by Landlord in writing from Landlord to Tenant. Thereafter Landlord shall use reasonable, good faith efforts to relet the Property or otherwise mitigate Landlord's damages. Landlord may so terminate Tenant's right of possession and may repossess the Premises without liability for trespass or conversion, without demand or notice of any kind to Tenant and without terminating this Lease, in which event Landlord may, but shall be under no obligation to, relet the same for the account of Tenant for such Capital Additionsrent and upon such terms as shall be satisfactory to Landlord. For the purpose of such reletting, Landlord is authorized to decorate or to make any repairs, changes, alterations, or additions in or to the Premises that may be necessary or convenient. If Landlord exercises the remedies provided in this subparagraph, Tenant shall pay to Landlord, and Landlord shall be entitled to recover from Tenant, an amount equal to the total of the following: (A) unpaid Rent, plus interest at the Overdue Rate, owing under the Lease for all periods of time that the Premises are not relet (including any period prior to Landlord's repossession); plus (B) the reasonable costs of recovering possession, and all of the reasonable costs and expenses of such decorations, repairs, changes, alterations, and additions, and the reasonable expense of such reletting and of the collection of the rent accruing therefrom to satisfy the Rent provided for in the Lease to be paid; plus (C) any deficiency in the rentals and other sums actually received by Landlord from any such reletting from the Rent required to be paid under this Lease with respect to the periods the Premises are so relet, and Tenant shall satisfy and pay any such deficiency upon demand therefor from time to time. Neither the repossession of the Property, the failure of Landlord to relet the Properly, nor the reletting of all or any portion of the Property, shall relieve Tenant of its liability and obligation hereunder, all of which shall survive any such repossession or reletting. Tenant agrees that Landlord may file suit to recover any sums falling due under the terms of this subparagraph from time to time; and that no delivery or recovery of any portion due Tenant hereunder shall be a defense in any action to recover any amount not theretofore reduced to judgment in favor of Landlord, nor shall such reletting be construed as an election on the part of Landlord to terminate this Lease unless specifically stated by Landlord in writing from Landlord to Tenant. Notwithstanding any such reletting without termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breach in accordance with the procedure hereinafter provided. Without limiting the foregoing, whether or not this Lease has been terminated, Landlord shall have the right to offset against any Rent, damages, or other sums of money owed by Tenant any advance Rent applicable to any time period after the occurrence of the Event of Default.
Appears in 1 contract
Samples: __________ Lease (Emeritus Corp\wa\)
Certain Remedies. If Subject to the provisions of Section 13.9 hereof, the Collateral Agent shall, at the written direction of the Required Lenders, proceed to protect and enforce its rights and the rights of the Secured Parties by such appropriate proceedings as the Required Lenders shall deem necessary to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in any Transaction Document or in and of the exercise of any power granted herein, or to enforce any other proper remedy or legal or equitable right vested in the Collateral Agent by any Transaction Document or by law. In case there shall be pending, relative to the Borrower or any other obligor upon the Notes or any Person having or claiming an Event of Default ownership interest in the Borrower Collateral, proceedings under the Bankruptcy Code or any other applicable federal or state bankruptcy, insolvency or other similar law, or in case a receiver, assignee or trustee in bankruptcy or reorganization, liquidator, sequestrator or similar official shall have occurredbeen appointed for or taken possession of the Borrower or its property or such other obligor or Person, Lessor or in case of any other comparable judicial proceedings relative to the Borrower or other obligor upon the Notes, or to the creditors of property of the Borrower or such other obligor, the Collateral Agent, irrespective of whether the principal of the Notes shall then be due and payable as therein expressed or by declaration or otherwise and irrespective of whether the Collateral Agent shall have made any demand pursuant to the provisions of this Section, shall be entitled and empowered but without any obligation, subject to Section 13.7(a), by intervention in such proceedings or otherwise: to file and prove a claim or claims for the whole amount of principal and Yield owing and unpaid in respect of the Notes, all other amounts owing to the Investors and to file such other papers or documents as may terminate this Lease be necessary or advisable in order to have the claims of the Collateral Agent (including any claim for reimbursement of all expenses (including the fees and expenses of counsel) and liabilities incurred, and all advances, if any, made, by the Collateral Agent and each predecessor Collateral Agent, except as determined to have been caused by its own gross negligence or willful misconduct) and of each of the other Secured Parties allowed in such proceedings; unless prohibited by applicable law and regulations, to vote (with the consent of each Agent) on behalf of the holders of the Notes in any election of a trustee, a standby trustee or person performing similar functions in any such proceedings; to collect and receive any moneys or other property payable or deliverable on any such claims and to distribute all amounts received with respect to the Facility from which claims of the Secured Parties on their behalf; and to file such Event proofs of Default emanatedclaim and other papers or documents as may be necessary or advisable in order to have the claims of the Collateral Agent or the Secured Parties allowed in any judicial proceedings relative to the Borrower, if its creditors and its property; and any (providedtrustee, receiver, liquidator, custodian or other similar official in any such proceeding is hereby authorized by each of such Secured Parties to make payments to the Collateral Agent, and, in the event that the Collateral Agent shall consent, to the making of payments directly to such Secured Parties, to pay to the Collateral Agent such amounts as shall be sufficient to cover all reasonable expenses and liabilities incurred, and all advances made, by the Collateral Agent and each predecessor Collateral Agent except as determined to have been caused by its own gross negligence or willful misconduct. Nothing herein contained shall be deemed to authorize the Collateral Agent to authorize or consent to or vote for or accept or adopt on behalf of any Event Lender or other Secured Party any plan of Default that relates reorganization, arrangement, adjustment or composition affecting the Notes or the rights of any holder thereof or to Lessee’s performance hereunder generally and is not limited authorize the Collateral Agent to circumstances at vote in respect of the claim of any specified Facility(iesSecured Party in any such proceeding except, pursuant to Section 13.7(b)(ii), expressly including, without limitation, any Event to vote for the election of Default for failure to pay Minimum Renta trustee in bankruptcy or similar person. All rights of action and of asserting claims under the Transaction Documents, may be deemed enforced by Lessor, in its reasonable discretion, to affect all Facilities). If at any time during the Term, Lessor has terminated this Lease with respect to a number of Facilities equal to seven percent (7%) or more (in Collateral Agent without the aggregate) of the number of Facilities then subject to this Lease pursuant to the first sentence of this Section 16.2, then if any additional Event(s) of Default shall occur thereafter, Lessor may terminate this Lease with respect any one or more (including all, if so elected by Lessor) of the Facilities, regardless of the cause of nature of such Event of Default, by giving Lessee notice of such termination and the Term shall terminate and all rights of Lessee under this Lease shall cease with respect to all such Facilities as to which Lessor has elected to so terminate this Lease. Any such notice of termination may, at Lessor’s option, be given and exercised concurrently with any notice of Event of Default given by Lessor to Lessee hereunder. In such event, such termination shall be effective immediately upon the occurrence of the Event of Default subject to Legal Requirements, including, without limitation, any requirement that the occupant needs to be the holder of any applicable health care licenses. In addition to the foregoing, if any Event of Default pursuant to Section 16.1(g) or (h) shall occur, Lessor shall have the immediate right, at its election in its sole discretion, to terminate this Lease with respect any one or more (including all, if so elected by Lessor) of the Facilities. In all such events, Lessor shall have all rights at law and in equity available to Lessor as a result of any Event of Default. Lessee shall pay as Additional Charges all costs and expenses incurred by or on behalf of Lessor, including reasonable attorneys’ fees and expenses, as a result of any Event of Default hereunder. If an Event of Default shall have occurred and be continuing, whether or not this Lease has been terminated with respect to any one or more (including all, if so elected by Lessor and permitted in accordance with the terms hereof) of the Facilities pursuant to this Section 16.2, Lessee shall, to the extent permitted by law, if required by Lessor so to do, immediately surrender to Lessor possession of the Leased Property Notes or the production thereof in any trial or other proceedings relative thereto, and any Capital Additions such action or proceedings instituted by the Collateral Agent shall be brought in its own name as Collateral Agent, and any recovery of judgment, subject to the payment of the Facilities as reasonable expenses, disbursements and compensation of the Collateral Agent, each predecessor Collateral Agent and their respective agents and attorneys, shall be for the ratable benefit of the holders of the Notes and other Secured Parties. In any proceedings brought by the Collateral Agent to which Lessor has so elected enforce the Liens under the Transaction Documents (and also any proceedings involving the interpretation of any provision of any Transaction Document), the Collateral Agent shall be held to terminate this Lease and quit represent all the same and Lessor may enter upon and repossess such Leased Property and such Capital Additions by reasonable force, summary proceedings, ejectment or otherwiseSecured Parties, and may remove Lessee and all other Persons and it shall not be necessary to make any of Lessee’s Personal Property from Secured Party a party to any such Leased Property and such Capital Additionsproceedings.
Appears in 1 contract
Certain Remedies. If an Event of Default shall have occurred, Lessor may terminate this Lease with respect to the Facility from which such Event of Default emanated, if any (providedany, that any Event of Default that relates to Lessee’s performance hereunder generally and is not limited to circumstances at any specified Facility(ies), expressly including, without limitation, any Event of Default for failure to pay Minimum Rent, may be deemed by Lessor, in its reasonable discretion, to affect all Facilities). If at any time during the Term, Lessor has terminated this Lease with respect to a number of Facilities equal to seven percent (7%) or more (in the aggregate) of the number of Facilities then subject to this Lease pursuant to the first sentence of this Section 16.2, then if any additional Event(s) of Default shall occur thereafter, Lessor may terminate this Lease with respect any one or more (including all, if so elected by Lessor) of the Facilities, regardless of the cause of nature of whether such Event of DefaultDefault emanated primarily from a single Facility, by giving Lessee notice of such termination and the Term shall terminate and all rights of Lessee under this Lease shall cease with respect to all such Facilities as to which Lessor has elected to so terminate this Lease. Any such notice of termination may, at Lessor’s option, be given and exercised concurrently with any notice of Event of Default given by Lessor to Lessee hereunder. In such event, such termination shall be effective immediately upon the occurrence of the Event of Default subject to Legal Requirements, including, without limitation, any requirement that the occupant needs to be the holder of any applicable health care licenses. In addition to the foregoing, if any Event of Default pursuant to Section 16.1(g) or (h) shall occur, Lessor shall have the immediate right, at its election in its sole discretion, to terminate this Lease with respect any one or more (including all, if so elected by Lessor) of the Facilities. In all such events, Lessor shall have all rights at law and in equity available to Lessor as a result of any Event of Default. Lessee shall pay as Additional Charges all costs and expenses incurred by or on behalf of Lessor, including reasonable attorneys’ ' fees and expenses, as a result of any Event of Default hereunder. If an Event of Default shall have occurred and be continuing, whether or not this Lease has been terminated with respect to any one or more (including all, if so elected by Lessor and permitted in accordance with the terms hereofLessor) of the Facilities pursuant to this Section 16.2, Lessee shall, to the extent permitted by law, if required by Lessor so to do, immediately surrender to Lessor possession of the Leased Property and any Capital Additions of the Facilities as to which Lessor has so elected to terminate this Lease and quit the same and Lessor may enter upon and repossess such Leased Property and such Capital Additions Addition thereto by reasonable force, summary proceedings, ejectment or otherwise, and may remove Lessee and all other Persons and any of Lessee’s 's Personal Property from such Leased Property and such Capital AdditionsAddition thereto.
Appears in 1 contract
Samples: Master Lease (Emeritus Corp\wa\)
Certain Remedies. If an Event of Default shall have occurred, Lessor may terminate this Lease with respect to the Facility from which such Event of Default emanated, if any (providedany, that any Event of Default that relates to Lessee’s performance hereunder generally and is not limited to circumstances at any specified Facility(ies), expressly including, without limitation, any Event of Default for failure to pay Minimum Rent, may be deemed by Lessor, in its reasonable discretion, to affect all Facilities). If at any time during the Term, Lessor has terminated this Lease with respect to a number of Facilities equal to seven percent (7%) or more (in the aggregate) of the number of Facilities then subject to this Lease pursuant to the first sentence of this Section 16.2, then if any additional Event(s) of Default shall occur thereafter, Lessor may terminate this Lease with respect any one or more (including all, if so elected by Lessor) of the Facilities, regardless of the cause of nature of whether such Event of DefaultDefault emanated primarily from a single Facility, by giving Lessee notice of such termination and the Term shall terminate and all rights of Lessee under this Lease shall cease with respect to all such Facilities as to which Lessor Lxxxxx has elected to so terminate this Lease. Any such notice of termination may, at Lessor’s option, be given and exercised concurrently with any notice of Event of Default given by Lessor to Lessee hereunder. In such event, such termination shall be effective immediately upon the occurrence of the Event of Default subject to Legal Requirements, including, without limitation, any requirement that the occupant needs to be the holder of any applicable health care licenses. In addition to the foregoing, if any Event of Default pursuant to Section 16.1(g) or (h) shall occur, Lessor shall have the immediate right, at its election in its sole discretion, to terminate this Lease with respect any one or more (including all, if so elected by Lessor) of the Facilities. In all such events, Lessor shall have all rights at law and in equity available to Lessor as a result of any Event of Default. Lessee shall pay as Additional Charges all costs and expenses incurred by or on behalf of LessorLxxxxx, including reasonable attorneys’ fees and expenses, as a result of any Event of Default hereunder. If an Event of Default shall have occurred and be continuing, whether or not this Lease has been terminated with respect to any one or more (including all, if so elected by Lessor and permitted in accordance with the terms hereofLessor) of the Facilities pursuant to this Section 16.2, Lessee shall, to the extent permitted by law, if required by Lessor so to do, immediately surrender to Lessor possession of the Leased Property and any Capital Additions of the Facilities as to which Lessor has so elected to terminate this Lease and quit the same and Lessor may enter upon and repossess such Leased Property and such Capital Additions thereto by reasonable force, summary proceedings, ejectment or otherwise, and may remove Lessee and all other Persons and any of Lessee’s Personal Property from such Leased Property and such Capital AdditionsAdditions thereto.
Appears in 1 contract
Samples: Master Lease and Security Agreement (Emeritus Corp\wa\)
Certain Remedies. . If an Event of Default shall have occurred, Lessor may terminate this Lease with respect to the Facility from which such Event of Default emanated, if any (providedany, that any Event of Default that relates to Lessee’s performance hereunder generally and is not limited to circumstances at any specified Facility(ies), expressly including, without limitation, any Event of Default for failure to pay Minimum Rent, may be deemed by Lessor, in its reasonable discretion, to affect all Facilities). If at any time during the Term, Lessor has terminated this Lease with respect to a number of Facilities equal to seven percent (7%) or more (in the aggregate) of the number of Facilities then subject to this Lease pursuant to the first sentence of this Section 16.2, then if any additional Event(s) of Default shall occur thereafter, Lessor may terminate this Lease with respect any one or more (including all, if so elected by Lessor) of the Facilities, regardless of the cause of nature of whether such Event of DefaultDefault emanated primarily from a single Facility, by giving Lessee notice of such termination and the Term shall terminate and all rights of Lessee under this Lease shall cease with respect to all such Facilities as to which Lessor Xxxxxx has elected to so terminate this Lease. Any such notice of termination may, at Lessor’s option, be given and exercised concurrently with any notice of Event of Default given by Lessor to Lessee hereunder. In such event, such termination shall be effective immediately upon the occurrence of the Event of Default subject to Legal Requirements, including, without limitation, any requirement that the occupant needs to be the holder of any applicable health care licenses. In addition to the foregoing, if any Event of Default pursuant to Section 16.1(g) or (h) shall occur, Lessor shall have the immediate right, at its election in its sole discretion, to terminate this Lease with respect any one or more (including all, if so elected by Lessor) of the Facilities. In all such events, Lessor shall have all rights at law and in equity available to Lessor as a result of any Event of Default. Lessee shall pay as Additional Charges all costs and expenses incurred by or on behalf of LessorXxxxxx, including reasonable attorneys’ fees and expenses, as a result of any Event of Default hereunder. If an Event of Default shall have occurred and be continuing, whether or not this Lease has been terminated with respect to any one or more (including all, if so elected by Lessor and permitted in accordance with the terms hereofLessor) of the Facilities pursuant to this Section 16.2, Lessee shall, to the extent permitted by law, if required by Lessor so to do, immediately surrender to Lessor possession of the Leased Property and any Capital Additions of the Facilities as to which Lessor has so elected to terminate this Lease and quit the same and Lessor may enter upon and repossess such Leased Property and such Capital Additions thereto by reasonable force, summary proceedings, ejectment or otherwise, and may remove Lessee and all other Persons and any of Lessee’s Personal Property from such Leased Property and such Capital AdditionsAdditions thereto.
Appears in 1 contract
Samples: Master Lease and Security Agreement (Emeritus Corp\wa\)
Certain Remedies. If an Event of Default shall have occurred, Lessor may terminate this Lease is terminated under Subsection ----------------------------- 6.1.1 or shall be otherwise terminated for breach of any obligation of Tenant, Tenant covenants to pay forthwith to Landlord, as compensation, the excess of the total Basic Rent and additional rent reserved for the residue of the Lease Term, together with respect the value of all other considerations agreed to be paid or performed by Tenant for said residue, over the rental value of the Premises for said residue of the Lease Term. Tenant further covenants as an additional and cumulative obligation after any such ending to pay punctually to Landlord all the sums and perform all the obligations which Tenant covenants in this Lease to pay and to perform in the same manner and to the Facility from which such Event of Default emanated, same extent and at the same time as if any (provided, that any Event of Default that relates to Lessee’s performance hereunder generally and is not limited to circumstances at any specified Facility(ies), expressly including, without limitation, any Event of Default for failure to pay Minimum Rent, may be deemed by Lessor, in its reasonable discretion, to affect all Facilities). If at any time during the Term, Lessor has terminated this Lease had not been terminated. In calculating the amounts to be paid by Tenant under the next foregoing covenant, Tenant shall be credited with respect any amount paid to a number of Facilities equal to seven percent (7%) or more (Landlord as compensation as in the aggregate) of the number of Facilities then subject to this Lease pursuant to the first sentence of this Section 16.26.2 provided and also with the net proceeds of any rent obtained by Landlord by reletting the Premises, then if any additional Event(s) after deducting all of Default shall occur thereafter, Lessor may terminate this Lease Landlord's expenses in connection with respect any one or more (including all, if so elected by Lessor) of the Facilities, regardless of the cause of nature of such Event of Default, by giving Lessee notice of such termination and the Term shall terminate and all rights of Lessee under this Lease shall cease with respect to all such Facilities as to which Lessor has elected to so terminate this Lease. Any such notice of termination may, at Lessor’s option, be given and exercised concurrently with any notice of Event of Default given by Lessor to Lessee hereunder. In such event, such termination shall be effective immediately upon the occurrence of the Event of Default subject to Legal Requirementsreletting, including, without limitation, all repossession costs, brokerage commissions, fees for legal services and expenses of preparing the Premises for such reletting; it being agreed by Tenant that Landlord (a) may relet the Premises or any requirement that the occupant needs to be the holder of any applicable health care licenses. In addition to the foregoingpart or parts thereof, if any Event of Default pursuant to Section 16.1(g) for a term or (h) shall occur, Lessor shall have the immediate rightterms which may, at its election Landlord's option, be equal to, less than or exceed the period which would otherwise have constituted the balance of the Lease Term, and may grant such concessions and free rent and provide for such other terms and conditions as Landlord in its sole discretiondiscretion considers advisable or necessary to relet the same, and (b) may make such alterations, repairs and decorations in the Premises as Landlord in its sole discretion considers advisable or necessary to terminate this Lease with respect any one or more (including allrelet the same, if so elected by Lessor) and no action of the Facilities. In all such events, Lessor shall have all rights at law and in equity available to Lessor as a result of any Event of Default. Lessee shall pay as Additional Charges all costs and expenses incurred by or on behalf of Lessor, including reasonable attorneys’ fees and expenses, as a result of any Event of Default hereunder. If an Event of Default shall have occurred and be continuing, whether or not this Lease has been terminated with respect to any one or more (including all, if so elected by Lessor and permitted Landlord in accordance with the terms hereof) of the Facilities pursuant foregoing or its failure to this Section 16.2, Lessee shall, relet or to the extent permitted by law, if required by Lessor so collect rent under reletting shall operate or be construed to do, immediately surrender to Lessor possession of the Leased Property and any Capital Additions of the Facilities release or reduce Tenant's liability as to which Lessor has so elected to terminate this Lease and quit the same and Lessor may enter upon and repossess such Leased Property and such Capital Additions by reasonable force, summary proceedings, ejectment or otherwise, and may remove Lessee and all other Persons and any of Lessee’s Personal Property from such Leased Property and such Capital Additionsaforesaid.
Appears in 1 contract
Certain Remedies. If an Event of Default shall have occurred, Lessor may terminate this Lease with respect to the Facility from which such Event of Default emanated, if any (provided, that any Event of Default that relates to Lessee’s performance hereunder generally and is not limited to circumstances at any specified Facility(ies), expressly including, without limitation, any Event of Default for failure to pay Minimum Rent, may be deemed by Lessor, in its reasonable discretion, to affect all Facilities). If at any time during the Term, Lessor has terminated this Lease with respect to a number of Facilities equal to seven percent (7%) or more (in the aggregate) of the number of Facilities then subject to this Lease pursuant to the first sentence of this Section 16.2, then if any additional Event(s) of Default shall occur thereafter, Lessor may terminate this Lease with respect any one or more (including all, if so elected by Lessor) of the Facilities, regardless of the cause of nature of such Event of Default, by giving Lessee notice of such termination and the Term shall terminate and all rights of Lessee under this Lease shall cease with respect to all such Facilities as to which Lessor has elected to so terminate this Lease. Any such notice of termination may, at Lessor’s option, be given and exercised concurrently with any notice of Event of Default given by Lessor to Lessee hereunder. In such event, such termination shall be effective immediately upon the occurrence of the Event of Default subject to Legal Requirements, including, without limitation, any requirement that the occupant needs to be the holder of any applicable health care licenses. In addition to the foregoing, if any Event of Default pursuant to Section 16.1(g) or (h) shall occur, Lessor shall have the immediate right, at its election in its sole discretion, to terminate this Lease with respect any one or more (including all, if so elected by Lessor) of the Facilities. In all such events, Lessor shall have all remedies and rights provided under this Lease and/or otherwise available at law and in equity available to Lessor as a result of any Event of Default. Lessee shall pay as Additional Charges all costs and expenses incurred by or on behalf of Lessor, including reasonable attorneys’ fees and expenses, as a result of any Event of Default hereunder. If an Event of Default shall have occurred or Lessee's other breach under this Lease, including, to the extent permitted by the laws of the State, the right to appoint a receiver as a matter of strict right without regard to the solvency of Lessee, for the purpose of procuring the Leased Property, preventing waste, protecting and be continuingotherwise enforcing the provisions of this Lease and for any and all other purposes for which a receiver is allowed under the laws of the State. Without limiting the foregoing, if an Event of Default occurs (and the event giving rise to such Event of Default has not been cured within the curative period, if any, relating thereto as set forth in this Lease) whether or not this Lease has been terminated with respect to any one or more (including all, if so elected by Lessor and permitted in accordance with the terms hereof) of the Facilities pursuant to this Section 16.2Paragraph 16.1, Lessee shall, to the extent permitted by law, and if required by Lessor to so to do, immediately surrender to Lessor possession of the Leased Property and any Capital Additions pursuant to the provisions of the Facilities as to which Lessor has so elected to terminate this Lease Paragraph 16.1 and quit the same and Lessor may enter upon and repossess such the Leased Property and such Capital Additions Property, in person, by agent or by a court-appointed receiver, by reasonable force, summary proceedings, ejectment or otherwise, and may remove Lessee and all other Persons persons and any of Lessee’s Personal Property and all personal property from such the Leased Property subject to any requirements of law. Without limiting all other rights and remedies of Lessor under this Lease and under law, Lessor shall have the right to accelerate all Rent (including Minimum Rent) and therefore, upon Lessee's default, at Lessor's option, all such Capital AdditionsRent shall become immediately due and payable in accordance with Paragraph 16.3, below. Further, without limiting all other rights and remedies of Lessor under this Lease and under law, Lessor shall be entitled to recover from Lessee, and Lessee shall therefore be liable for, all costs of recovering possession (including without limitation all costs associated with any receiver) and renovating the Leased Property for a new lessee and all other costs of re-leasing, including, but not limited to, broker's commissions and attorneys' fees, except as limited by Paragraph 16.3 below.
Appears in 1 contract
Certain Remedies. If Upon any Event of Default, Landlord shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease, at common law or in equity, or by statute or otherwise. Tenant expressly acknowledges and Without limiting the foregoing, if an Event of Default shall have occurredoccurs, Lessor may terminate this Lease with respect to is not cured within the Facility from which such Event of Default emanatedperiod, if any, for any (providedsuch cure provided in Section 17.1, that any Event of Default that relates to Lessee’s performance hereunder generally and is not limited to circumstances at any specified Facility(ies), expressly including, without limitation, any Event of Default for failure to pay Minimum Rent, may be deemed by Lessor, in its reasonable discretion, to affect all Facilities). If at any time during the Term, Lessor has terminated this Lease with respect to a number of Facilities equal to seven percent (7%) or more (in the aggregate) of the number of Facilities then subject to this Lease pursuant to the first sentence of this Section 16.2, then if any additional Event(s) of Default shall occur thereafter, Lessor may terminate this Lease with respect any one or more (including all, if so elected by Lessor) of the Facilities, regardless of the cause of nature of such Event of Default, by giving Lessee notice of such termination and the Term shall terminate and all rights of Lessee under this Lease shall cease with respect to all such Facilities as to which Lessor has elected to so terminate this Lease. Any such notice of termination may, at Lessor’s option, be given and exercised concurrently with any notice of Event of Default given by Lessor to Lessee hereunder. In such event, such termination shall be effective immediately upon the occurrence of the Event of Default subject to Legal Requirements, including, without limitation, any requirement that the occupant needs to be the holder of any applicable health care licenses. In addition to the foregoing, if any Event of Default pursuant to Section 16.1(g) or (h) shall occur, Lessor shall have the immediate right, at its election in its sole discretion, to terminate this Lease with respect any one or more (including all, if so elected by Lessor) of the Facilities. In all such events, Lessor shall have all rights at law and in equity available to Lessor as a result of any Event of Default. Lessee shall pay as Additional Charges all costs and expenses incurred by or on behalf of Lessor, including reasonable attorneys’ fees and expenses, as a result of any Event of Default hereunder. If an Event of Default shall have occurred and be continuing, whether or not this Lease has been terminated with respect to any one or more (including all, if so elected by Lessor and permitted in accordance with the terms hereof) of the Facilities pursuant to this Section 16.2, Lessee Tenant shall, to the extent permitted by law, law and if required by Lessor Landlord so to do, immediately surrender to Lessor possession of Landlord the Leased Property and any Capital Additions of the Facilities as to which Lessor has so elected to terminate this Lease and quit the same and Lessor same. Landlord may enter upon and repossess such Leased the Property and such Capital Additions by reasonable force, summary proceedings, ejectment or otherwise, and may remove Lessee Tenant and all other Persons persons and any and all personal property from the Property subject to rights of Lessee’s Personal any residents or patients and to any requirement of law. No such entry or repossession by Landlord shall be deemed an election by Landlord to terminate this Lease unless specifically stated by Landlord in writing from Landlord to Tenant. Thereafter Landlord shall use reasonable, good faith efforts to relet the Property or otherwise mitigate Landlord's damages. Landlord may so terminate Tenant's right of possession and may repossess the Premises without liability for trespass or conversion, without demand or notice of any kind to Tenant and without terminating this Lease, in which event Landlord may, but shall be under no obligation to, relet the same for the account of Tenant for such rent and upon such terms as shall be satisfactory to Landlord. For the purpose of such reletting, Landlord is authorized to decorate or to make any repairs, changes, alterations, or additions in or to the Premises that may be necessary or convenient. If Landlord exercises the remedies provided in this subparagraph, Tenant shall pay to Landlord, and Landlord shall be entitled to recover from Tenant, an amount equal to the total of the following: (A) unpaid Rent, plus interest at the Overdue Rate, owing under the Lease for all periods of time that the Premises are not relet (including any period prior to Landlord's repossession); plus (B) the reasonable costs of recovering possession, and all of the reasonable costs and expenses of such Leased Property decorations, repairs, changes, alterations, and additions, and the reasonable expense of such Capital Additionsreletting and of the collection of the rent accruing therefrom to satisfy the Rent provided for the Leave to be paid; plus (C) any deficiency in the rentals and other sums actually received by Landlord from any such reletting from the Rent required to be paid under this Lease with respect to the periods the Premises are so relet, and Tenant shall satisfy and pay any such deficiency upon demand therefor from time to time. Neither the repossession of the Property, the failure of Landlord to relet the Property, nor the reletting of all or any portion of the Property, shall relieve Tenant of its liability and obligation hereunder, all of which shall survive any such repossession or reletting. Tenant agrees that Landlord may file suit to recover any sums falling due under the terms of this subparagraph from time to time; and that no delivery or recovery of any portion due Tenant hereunder shall be a defense in any action to recover any amount not theretofore reduced to judgment in favor of Landlord, nor shall such reletting be construed as an election on the part of Landlord to terminate this Lease unless specifically stated by Landlord in Without limiting the foregoing, whether or not this Lease has been terminated, Landlord shall have the right to offset against any Rent, damages, or other sums of money owed by Tenant any advance Rent applicable to any time period after the occurrence of the Event of Default.
Appears in 1 contract
Certain Remedies. If Lessor shall have remedies and rights provided in law and equity as a result of an Event of Default, including, to the extent permitted by applicable Indiana law, the right to appoint a receiver as a matter of strict right without regard to the solvency of Lessee, for the purpose of preserving the Leased Property, preventing waste, protecting and otherwise enforcing any and all of Lessor's rights under this Lease and for any and all other purposes for which a receiver is allowed under the laws of the State of Indiana. Without limiting the foregoing, if an Event of Default shall have occurred, Lessor may terminate this Lease with respect occurs (and the event giving rise to the Facility from which such Event of Default emanatedhas not been cured within the curative period, if any (providedany, that any Event of Default that relates to Lessee’s performance hereunder generally and is not limited to circumstances at any specified Facility(ies), expressly including, without limitation, any Event of Default for failure to pay Minimum Rent, may be deemed by Lessor, relating thereto as set forth in its reasonable discretion, to affect all Facilities). If at any time during the Term, Lessor has terminated this Lease with respect to a number of Facilities equal to seven percent (7%) or more (in the aggregate) of the number of Facilities then subject to this Lease pursuant to the first sentence of this Section 16.2, then if any additional Event(s) of Default shall occur thereafter, Lessor may terminate this Lease with respect any one or more (including all, if so elected by Lessor) of the Facilities, regardless of the cause of nature of such Event of Default, by giving Lessee notice of such termination and the Term shall terminate and all rights of Lessee under this Lease shall cease with respect to all such Facilities as to which Lessor has elected to so terminate this Lease. Any such notice of termination may, at Lessor’s option, be given and exercised concurrently with any notice of Event of Default given by Lessor to Lessee hereunder. In such event, such termination shall be effective immediately upon the occurrence of the Event of Default subject to Legal Requirements, including, without limitation, any requirement that the occupant needs to be the holder of any applicable health care licenses. In addition to the foregoing, if any Event of Default pursuant to Section 16.1(g) or (h) shall occur, Lessor shall have the immediate right, at its election in its sole discretion, to terminate this Lease with respect any one or more (including all, if so elected by Lessor) of the Facilities. In all such events, Lessor shall have all rights at law and in equity available to Lessor as a result of any Event of Default. Lessee shall pay as Additional Charges all costs and expenses incurred by or on behalf of Lessor, including reasonable attorneys’ fees and expenses, as a result of any Event of Default hereunder. If an Event of Default shall have occurred and be continuing, whether or not this Lease has been terminated with respect to any one or more (including all, if so elected by Lessor and permitted in accordance with the terms hereof) of the Facilities pursuant to this Section 16.2Paragraph 16.1, Lessee shall, to the extent permitted by law, and if required by Lessor to so to do, immediately surrender to Lessor possession of the Leased Property and any Capital Additions pursuant to the provisions of the Facilities as to which Lessor has so elected to terminate this Lease Paragraph 16.1 and quit the same and Lessor may enter upon and repossess such the Leased Property and such Capital Additions Property, in person, by agent or by a court-appointed receiver, by reasonable force, summary proceedings, ejectment or otherwise, and may remove Lessee and all other Persons persons and any of Lessee’s Personal Property and all personal property from such the Leased Property subject to rights of any residents (and their property) and to any requirements of law. Without limiting all other rights and remedies of Lessor under this Lease and under law, Lessor shall have the right to accelerate all Rent and therefore, upon Lessee's default, at Lessor's option, all such Capital AdditionsRent shall become immediately due and payable in accordance with Paragraph 16.3, below. Further, without limiting all other rights and remedies of Lessor under this Lease and under law, Lessor shall be entitled to recover from Lessee, and Lessee shall therefore be liable for, all costs of recovering possession (including without limitation all costs associated with any receiver) and renovating the Leased Property for a new Lessee and all other costs of any reletting or attempted reletting, including, but not limited to, brokerage fees and reasonable attorneys fees, except as limited by Paragraph 16.3 below.
Appears in 1 contract
Samples: Lease (Assisted Living Concepts Inc)
Certain Remedies. If Upon any Event of Default, Landlord shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease, at common law or in equity, or by statute or otherwise. Without limiting the foregoing, if an Event of Default shall have occurredoccurs, Lessor may terminate this Lease with respect to is not cured within the Facility from which such Event of Default emanatedperiod, if any (providedany, that any Event of Default that relates to Lessee’s performance hereunder generally for such cure provided in Section 17.1, and is not limited to circumstances at any specified Facility(ies), expressly including, without limitation, any Event of Default for failure to pay Minimum Rent, may be deemed by Lessor, in its reasonable discretion, to affect all Facilities). If at any time during the Term, Lessor has terminated this Lease with respect to a number of Facilities equal to seven percent (7%) or more (in the aggregate) of the number of Facilities then subject to this Lease pursuant to the first sentence of this Section 16.2, then if any additional Event(s) of Default shall occur thereafter, Lessor may terminate this Lease with respect any one or more (including all, if so elected by Lessor) of the Facilities, regardless of the cause of nature of such Event of Default, by giving Lessee notice of such termination and the Term shall terminate and all rights of Lessee under this Lease shall cease with respect to all such Facilities as to which Lessor has elected to so terminate this Lease. Any such notice of termination may, at Lessor’s option, be given and exercised concurrently with any notice of Event of Default given by Lessor to Lessee hereunder. In such event, such termination shall be effective immediately upon the occurrence of the Event of Default subject to Legal Requirements, including, without limitation, any requirement that the occupant needs to be the holder of any applicable health care licenses. In addition to the foregoing, if any Event of Default pursuant to Section 16.1(g) or (h) shall occur, Lessor shall have the immediate right, at its election in its sole discretion, to terminate this Lease with respect any one or more (including all, if so elected by Lessor) of the Facilities. In all such events, Lessor shall have all rights at law and in equity available to Lessor as a result of any Event of Default. Lessee shall pay as Additional Charges all costs and expenses incurred by or on behalf of Lessor, including reasonable attorneys’ fees and expenses, as a result of any Event of Default hereunder. If an Event of Default shall have occurred and be continuing, whether or not this Lease has been terminated with respect to any one or more (including all, if so elected by Lessor and permitted in accordance with the terms hereof) of the Facilities pursuant to this Section 16.2, Lessee Tenant shall, to the extent permitted by law, law and if required by Lessor so Landlord to dodo so, immediately surrender to Lessor possession of Landlord the Leased Property and any Capital Additions of the Facilities as to which Lessor has so elected to terminate this Lease and quit the same and Lessor same. To the extent permitted by applicable law, Landlord may enter upon and repossess such Leased the Property and such Capital Additions by reasonable force, summary proceedings, ejectment or otherwise, and may remove Lessee Tenant and all other Persons persons and any and all personal property from the Property subject to rights of Lessee’s Personal Property from any residents or patients and to any requirement of law. Tenant hereby assents to and waives all legal notice to vacate the Property. Landlord may so terminate Tenant's right of possession and may repossess the Premises without liability for trespass or conversion, without demand or notice of any kind to Tenant and without terminating this Lease, in which event Landlord may, but shall be under no obligation to, relet the same for the account of Tenant for such Leased Property rent and upon such Capital Additionsterms as shall be satisfactory to Landlord. Neither the repossession of the Property, the failure of Landlord to relet Property, nor the reletting of all or any portion of the Property, shall relieve Tenant of its liability and obligation hereunder, all of which shall survive any such repossession or reletting. FURTHER, TENANT RECOGNIZES THAT ITS FAILURE TO INVEST AN AGGREGATE OF AT LEAST $3,400,000 AS TENANT'S CAPITAL INVESTMENT DURING THE PERIOD COMMENCING ON THE COMMENCEMENT DATE AND 49 51 ENDING ON FEBRUARY 28, 1999, WOULD DEPRIVE LANDLORD OF IMPORTANT CONSIDERATION FOR THIS LEASE. ACCORDINGLY, IF ANY EVENT OF DEFAULT SHALL OCCUR ON OR BEFORE FEBRUARY 28, 1999, AND LANDLORD SHALL THEREAFTER TERMINATE THIS LEASE ON ACCOUNT THEREOF OR DURING THE CONTINUANCE THEREOF, TENANT AGREES THAT, WITHOUT PREJUDICE TO ANY OTHER REMEDY LANDLORD MAY HAVE HEREUNDER OR UNDER APPLICABLE LAW, TENANT SHALL PAY TO LANDLORD AS LIQUIDATED DAMAGES (AND NOT AS A PENALTY) AN AMOUNT EQUAL TO THE EXCESS OF (X) $3,400,000 OVER (Y) THE SUM OF THE AGGREGATE AMOUNT OF TENANT'S CAPITAL INVESTMENT DURING THE PERIOD COMMENCING ON THE COMMENCEMENT DATE AND ENDING ON FEBRUARY 28, 1999. TENANT AND LANDLORD ACKNOWLEDGE AND AGREE THAT, SINCE IT WOULD BE IMPRACTICAL AND EXTREMELY DIFFICULT TO ESTIMATE THE DAMAGES THAT LANDLORD MAY SUFFER AS A RESULT OF TENANT'S FAILURE TO INVEST SUCH $3,400,000 AS TENANT'S CAPITAL INVESTMENT WITHIN SUCH PERIOD OF TIME, SUCH EXCESS AMOUNT IS A REASONABLE ESTIMATE OF THE DAMAGES THAT LANDLORD WOULD SUSTAIN IN THE EVENT OF SUCH FAILURE.
Appears in 1 contract
Samples: California Facilities Security Agreement (Iasis Healthcare Corp)
Certain Remedies. If an Event of Default shall have occurred, ---------------- Lessor may terminate this Lease with respect to the Facility from which such Event of Default emanated, if any (provided, that any Event of Default that relates to Lessee’s performance hereunder generally and is not limited to circumstances at any specified Facility(ies), expressly including, without limitation, any Event of Default for failure to pay Minimum Rent, may be deemed by Lessor, in its reasonable discretion, to affect all Facilities). If at any time during the Term, Lessor has terminated this Lease with respect to a number of Facilities equal to seven percent (7%) or more (in the aggregate) of the number of Facilities then subject to this Lease pursuant to the first sentence of this Section 16.2, then if any additional Event(s) of Default shall occur thereafter, Lessor may terminate this Lease with respect any one or more (including all, if so elected by Lessor) of the Facilities, regardless of the cause of nature of such Event of Default, Facilities by giving Lessee notice of such termination and the Term shall terminate and all rights of Lessee under this Lease shall cease with respect to all such Facilities as to which Lessor has elected to so terminate this Lease. Any such notice of termination may, at Lessor’s option, be given and exercised concurrently with any notice of Event of Default given by Lessor to Lessee hereunder. In such event, such termination shall be effective immediately upon the occurrence of the Event of Default subject to Legal Requirements, including, without limitation, any requirement that the occupant needs to be the holder of any applicable health care licenses. In addition to the foregoing, if any Event of Default pursuant to Section 16.1(g) or (h) shall occur, Lessor shall have the immediate right, at its election in its sole discretion, to terminate this Lease with respect any one or more (including all, if so elected by Lessor) of the Facilities. In all such events, Lessor shall have all rights at law and in equity available to Lessor as a result of any Event of Default. Lessee shall pay as Additional Charges all costs and expenses incurred by or on behalf of Lessor, including reasonable attorneys’ ' fees and expenses, as a result of any Event of Default hereunder. If an Event of Default shall have 41 occurred and be continuing, whether or not this Lease has been terminated with respect to any one or more (including all, if so elected by Lessor and permitted in accordance with the terms hereofLessor) of the Facilities pursuant to this Section 16.2, Lessee shall, to the extent permitted by law, if required by Lessor so to do, immediately surrender to Lessor possession of the Leased Property of all of the Facilities and any Capital Additions of the Facilities as to which Lessor has so elected to terminate this Lease and quit the same and Lessor may enter upon and repossess such the Leased Property of such Facility(ies) and such any Capital Additions by reasonable force, summary proceedings, ejectment or otherwise, and may remove Lessee and all other Persons and any of Lessee’s 's Personal Property from such the Leased Property of any such Facility(ies) and such any Capital Additions, subject, however, to rights of any residents or patients under applicable Legal Requirements. Lessor shall use reasonable, good faith efforts to relet the Leased Property of any such Facility and to otherwise mitigate Lessor's damages.
Appears in 1 contract
Samples: Kindred Healthcare Inc
Certain Remedies. If an Event of Default shall have occurred, Lessor may terminate this Lease with respect to the Facility from which Lease, regardless of whether such Event of Default emanated, if any (provided, that any Event of Default that relates to Lessee’s performance hereunder generally and is not limited to circumstances at any specified Facility(ies), expressly including, without limitation, any Event of Default for failure to pay Minimum Rent, may be deemed by Lessor, in its reasonable discretion, to affect all Facilities). If at any time during the Term, Lessor has terminated this Lease with respect to emanated primarily from a number of Facilities equal to seven percent (7%) or more (in the aggregate) of the number of Facilities then subject to this Lease pursuant to the first sentence of this Section 16.2, then if any additional Event(s) of Default shall occur thereafter, Lessor may terminate this Lease with respect any one or more (including all, if so elected by Lessor) of the Facilities, regardless of the cause of nature of such Event of Defaultsingle Facility, by giving Lessee notice of such termination and the Term shall terminate and all rights of Lessee under this Lease shall cease with respect to all such Facilities as to which Lessor has elected to so terminate this Leasecease. Any such notice of termination may, at Lessor’s option, be given and exercised concurrently with any notice of Event of Default given by Lessor to Lessee hereunder. In such event, such termination shall be effective immediately upon the occurrence of the Event of Default subject to Legal Requirements, including, without limitation, any requirement that the occupant needs to be the holder of any applicable health care licensesDefault. In addition to the foregoing, if any Event of Default pursuant to Section 16.1(g) or (h) shall occur, Lessor shall have the immediate right, at its election in its sole discretion, to terminate this Lease with respect any one or more (including all, if so elected by Lessor) of the Facilities. In all such events, Lessor shall have all rights at law and in equity available to Lessor as a result of any Event of Default. Lessee shall pay as Additional Charges all costs and expenses incurred by or on behalf of Lessor, including reasonable attorneys’ fees and expenses, as a result of any Event of Default hereunder. If an Event of Default shall have occurred and be continuing, whether or not this Lease has been terminated with respect to any one or more (including all, if so elected by Lessor and permitted in accordance with the terms hereof) of the Facilities pursuant to this Section 16.2, Lessee shall, to the extent permitted by law, if required by Lessor so to do, immediately surrender to Lessor possession of the Leased Property and any Capital Additions of the Facilities as to which Lessor has so elected to terminate this Lease and quit the same and Lessor may enter upon and repossess such Leased Property and such Capital Additions by reasonable force, summary proceedings, ejectment or otherwise, and may remove Lessee and all other Persons and any of Lessee’s Personal Property from such Leased Property and such Capital Additions., subject, however, to rights of any residents or patients under applicable Legal Requirements. Lessor shall use reasonable, good faith efforts to relet the Leased Property of the Facilities to otherwise mitigate Lesssor’s damages”
Appears in 1 contract
Certain Remedies. If Lessor shall have remedies and rights provided in law and equity as a result of an Event of Default, including, to the extent permitted by applicable Ohio law, the right to appoint a receiver as a matter of strict right without regard to the solvency of Lessee, for the purpose of preserving the Leased Property and any portion thereof, preventing waste, protecting and otherwise enforcing any and all of Lessor's rights under this Lease and for any and all other purposes for which a receiver is allowed under the laws of the State of Ohio. Lessee hereby waives the right to notice of any hearing with respect to the appointment of a receiver and waives the requirement for the posting of a bond by any receiver. Without limiting the foregoing, if an Event of Default shall have occurred, Lessor may terminate this Lease with respect occurs (and the event giving rise to the Facility from which such Event of Default emanatedhas not been cured within the curative period, if any (providedany, that any Event of Default that relates to Lessee’s performance hereunder generally and is not limited to circumstances at any specified Facility(ies), expressly including, without limitation, any Event of Default for failure to pay Minimum Rent, may be deemed by Lessor, relating thereto as set forth in its reasonable discretion, to affect all Facilities). If at any time during the Term, Lessor has terminated this Lease with respect to a number of Facilities equal to seven percent (7%) or more (in the aggregate) of the number of Facilities then subject to this Lease pursuant to the first sentence of this Section 16.2, then if any additional Event(s) of Default shall occur thereafter, Lessor may terminate this Lease with respect any one or more (including all, if so elected by Lessor) of the Facilities, regardless of the cause of nature of such Event of Default, by giving Lessee notice of such termination and the Term shall terminate and all rights of Lessee under this Lease shall cease with respect to all such Facilities as to which Lessor has elected to so terminate this Lease. Any such notice of termination may, at Lessor’s option, be given and exercised concurrently with any notice of Event of Default given by Lessor to Lessee hereunder. In such event, such termination shall be effective immediately upon the occurrence of the Event of Default subject to Legal Requirements, including, without limitation, any requirement that the occupant needs to be the holder of any applicable health care licenses. In addition to the foregoing, if any Event of Default pursuant to Section 16.1(g) or (h) shall occur, Lessor shall have the immediate right, at its election in its sole discretion, to terminate this Lease with respect any one or more (including all, if so elected by Lessor) of the Facilities. In all such events, Lessor shall have all rights at law and in equity available to Lessor as a result of any Event of Default. Lessee shall pay as Additional Charges all costs and expenses incurred by or on behalf of Lessor, including reasonable attorneys’ fees and expenses, as a result of any Event of Default hereunder. If an Event of Default shall have occurred and be continuing, whether or not this Lease has been terminated with respect to any one or more (including all, if so elected by Lessor and permitted in accordance with the terms hereof) of the Facilities pursuant to this Section 16.2Paragraph 16.1, Lessee shall, to the extent permitted by law, and if required by Lessor to so to do, immediately surrender to Lessor possession the entirety of the Leased Property and any Capital Additions pursuant to the provisions of the Facilities as to which Lessor has so elected to terminate this Lease Paragraph 16.1 and quit the same and Lessor may enter upon and repossess such any portion of or the entirety of the Leased Property and such Capital Additions Property, in person, by agent or by a court-appointed receiver, by reasonable force, summary proceedings, ejectment or otherwise, and may remove Lessee and all other Persons persons and any of Lessee’s Personal Property and all personal property from such the Leased Property subject to rights of any residents (and their property) and to any requirements of law. Without limiting all other rights and remedies of Lessor under this Lease and under law, Lessor shall have the right to accelerate all Rent and therefore, upon Lessee's default, at Lessor's option, all such Capital Additions.Rent shall become immediately due and payable in accordance with Paragraph 16.3, below. Further, without limiting all other rights and remedies of Lessor under this Lease and under law, Lessor shall be entitled to recover from Lessee, and Lessee shall therefore be liable for, all costs of
Appears in 1 contract
Samples: Lease And (LTC Healthcare Inc)
Certain Remedies. If an Event of Default shall have occurredoccurred , Lessor may terminate this Lease with respect to the Facility from which such Event of Default emanated, if any (provided, that any Event of Default that relates to Lessee’s performance hereunder generally and is not limited to circumstances at any specified Facility(ies), expressly including, without limitation, any Event of Default for failure to pay Minimum Rent, may be deemed by Lessor, in its reasonable discretion, to affect all Facilities). If at any time during the Term, Lessor has terminated this Lease with respect to a number of Facilities equal to seven percent (7%) or more (in the aggregate) of the number of Facilities then subject to this Lease pursuant to the first sentence of this Section 16.2, then if any additional Event(s) of Default shall occur thereafter, Lessor may terminate this Lease with respect any one or more (including all, if so elected by Lessor) of the Facilities, regardless of the cause of nature of such Event of Default, by giving Lessee notice of such termination and the Term shall terminate and all rights of Lessee under this Lease shall cease with respect to all such Facilities as to which Lessor has elected to so terminate this Leasecease. Any such notice of termination may, at Lessor’s option, be given and exercised concurrently with any notice of Event of Default given by Lessor to Lessee hereunder. In such event, such termination shall be effective immediately upon the occurrence of the Event of Default subject to Legal Requirements, including, without limitation, any requirement that the occupant needs to be the holder of any applicable health care licenses. In addition to the foregoing, if any Event of Default pursuant to Section 16.1(g) or (h) shall occur, Lessor shall have the immediate right, at its election in its sole discretion, to terminate this Lease with respect any one or more (including all, if so elected by Lessor) of the Facilities. In all such events, Lessor shall have all rights at law and in equity available to Lessor as a result of any Event of Default. Lessee shall pay as Additional Charges all costs and expenses incurred by or on behalf of Lessor, including reasonable attorneys’ ' fees and expenses, as a result of any Event of Default hereunder. If an Event of Default shall have occurred and be continuing, whether or not this Lease has been terminated with respect to any one or more (including all, if so elected by Lessor and permitted in accordance with the terms hereof) of the Facilities pursuant to this Section 16.216.1, Lessee shall, to the extent permitted by law, if required by Lessor so to do, immediately surrender to Lessor possession of the Leased Property and any Capital Additions of the Facilities as to which Lessor has so elected to terminate this Lease thereto and quit the same and Lessor may enter upon and repossess such the Leased Property and such any Capital Additions Addition thereto by reasonable force, summary proceedings, ejectment or otherwise, and and, to the extent permitted by law, may remove Lessee and all other Persons (other than the residents of the Facility) and any of Lessee’s 's Personal Property from such the Leased Property and any Capital Addition thereto. Notwithstanding anything in this Lease to the contrary, the Lessor acknowledges that its right to re-enter the Leased Property does not confer upon it the authority to operate an adult care facility, as defined in the Social Services Law, on the Leased Property and agrees that, for the benefit of The New York State Department of Social Services and not for the benefit of Lessee, it will give the New York State Department of Social Services, 00 Xxxxx Xxxxx Xxxxxx, Xxxxxx, Xxx Xxxx 00000, notification by certified mail of its intent to re-enter the Leased Property or to initiate dispossess proceedings at least 30 days prior to the date on which the Lessor intends to exercise its right of re-entry or to initiate such Capital Additions.proceedings. Upon receipt of any notice from the Lessor of its intent to exercise its right of re- entry or upon the service of process and dispossess proceedings Lessee agrees to immediately notify by certified mail the New York State Department of Social Services, 00 Xxxxx Xxxxx Xxxxxx, Xxxxxx, Xxx Xxxx 00000, of the receipt of such notice or service of such notice. Each party further agrees to comply with all additional regulations of the New York State Department of Social Services or any other agency having regulatory control over either party. Nothing herein shall be construed as granting Lessee any additional notice or cure rights in the event of a default hereunder other than those notice and cure rights specifically provided for in this Section 16.2. "
Appears in 1 contract
Samples: Emeritus Corp\wa\
Certain Remedies. If an Event of Default shall have occurred, Lessor may terminate this Lease with respect to the Facility from which such Event of Default emanated, if any (provided, that any Event of Default that relates to Lessee’s performance hereunder generally and is not limited to circumstances at any specified Facility(ies), expressly including, without limitation, any Event of Default for failure to pay Minimum Rent, may be deemed by Lessor, in its reasonable discretion, to affect all Facilities). If at any time during the Term, Lessor has terminated this Lease with respect to a number of Facilities equal to seven percent (7%) or more (in the aggregate) of the number of Facilities then subject to this Lease pursuant to the first sentence of this Section 16.2, then if any additional Event(s) of Default shall occur thereafter, Lessor may terminate this Lease with respect any one or more (including all, if so elected by Lessor) of the Facilities, regardless of the cause of nature of such Event of Default, by giving Lessee notice of such termination and the Term shall terminate and all rights of Lessee under this Lease shall cease with respect to all such Facilities as to which Lessor has elected to so terminate this Lease. Any such notice of termination may, at Lessor’s option, be given and exercised concurrently with any notice of Event of Default given by Lessor to Lessee hereunder. In such event, such termination shall be effective immediately upon the occurrence of the Event of Default subject to Legal Requirements, including, without limitation, any requirement that the occupant needs to be the holder of any applicable health care licenses. In addition to the foregoing, if any Event of Default pursuant to Section 16.1(g) or (h) shall occur, Lessor shall have the immediate right, at its election in its sole discretion, to terminate this Lease with respect any one or more (including all, if so elected by Lessor) of the Facilities. In all such events, Lessor shall have all remedies and rights provided under this Lease and/or otherwise available at law and in equity available to Lessor as a result of any Event of Default. Lessee shall pay as Additional Charges all costs and expenses incurred by or on behalf of Lessor, including reasonable attorneys’ fees and expenses, as a result of any Event of Default hereunder. If an Event of Default shall have occurred or Lessee's other breach under this Lease, including, to the extent permitted by the laws of the State, the right to appoint a receiver as a matter of strict right without regard to the solvency of Lessee, for the purpose of procuring the Leased Property, preventing waste, protecting and be continuingotherwise enforcing the provisions of this Lease and for any and all other purposes for which a receiver is allowed under the laws of the State. Without limiting the foregoing, if an Event of Default occurs (and the event giving rise to such Event of Default has not been cured within the curative period, if any, relating thereto as set forth in this Lease) whether or not this Lease has been terminated with respect to any one or more (including all, if so elected by Lessor and permitted in accordance with the terms hereof) of the Facilities pursuant to this Section 16.2Paragraph 16.1, Lessee shall, to the extent permitted by law, and if required by Lessor to so to do, immediately surrender to Lessor possession of the Leased Property and any Capital Additions pursuant to the provisions of the Facilities as to which Lessor has so elected to terminate this Lease Paragraph 16.1 and quit the same and Lessor may enter upon and repossess such the Leased Property and such Capital Additions Property, in person, by agent or by a court-appointed receiver, by reasonable force, summary proceedings, ejectment or otherwise, and may remove Lessee and all other Persons persons and any of Lessee’s Personal Property and all personal property from such the Leased Property subject to any requirements of law. Without limiting all other rights and remedies of Lessor under this Lease and under law, Lessor shall have the right to accelerate all Rent (including Minimum Rent) and therefore, upon Lessee's default, at Lessor's option, all such Capital Additions.Rent shall become immediately due and payable in accordance with Paragraph 16.3, below. Further, without limiting all other rights and remedies of Lessor under this Lease and under law, Lessor shall be entitled to recover from Lessee, and Lessee shall therefore be liable for, all costs of recovering possession (including without limitation all costs associated with any receiver) and renovating the Leased Property for a new lessee and all other costs of re-leasing, including, but not limited to, broker's commissions and attorneys' fees, except as limited by Paragraph 16.3
Appears in 1 contract
Certain Remedies. If Lessor shall have all remedies and rights provided under this Lease and/or otherwise available in law and equity as a result of an Event of Default shall have occurredor Lessee's other breach under this Lease, Lessor may terminate including, to the extent permitted by Colorado law, the right to appoint a receiver as a matter of strict right without regard to the solvency of Lessee, for the purpose of procuring the Leased Property, preventing waste, protecting and otherwise enforcing the provisions of this Lease with respect and for any and all other purposes for which a receiver is allowed under the laws of the State of Colorado. Without limiting the foregoing, if an Event of Default occurs (and the event giving rise to the Facility from which such Event of Default emanatedhas not been cured within the curative period, if any (providedany, that any Event of Default that relates to Lessee’s performance hereunder generally and is not limited to circumstances at any specified Facility(ies), expressly including, without limitation, any Event of Default for failure to pay Minimum Rent, may be deemed by Lessor, relating thereto as set forth in its reasonable discretion, to affect all Facilities). If at any time during the Term, Lessor has terminated this Lease with respect to a number of Facilities equal to seven percent (7%) or more (in the aggregate) of the number of Facilities then subject to this Lease pursuant to the first sentence of this Section 16.2, then if any additional Event(s) of Default shall occur thereafter, Lessor may terminate this Lease with respect any one or more (including all, if so elected by Lessor) of the Facilities, regardless of the cause of nature of such Event of Default, by giving Lessee notice of such termination and the Term shall terminate and all rights of Lessee under this Lease shall cease with respect to all such Facilities as to which Lessor has elected to so terminate this Lease. Any such notice of termination may, at Lessor’s option, be given and exercised concurrently with any notice of Event of Default given by Lessor to Lessee hereunder. In such event, such termination shall be effective immediately upon the occurrence of the Event of Default subject to Legal Requirements, including, without limitation, any requirement that the occupant needs to be the holder of any applicable health care licenses. In addition to the foregoing, if any Event of Default pursuant to Section 16.1(g) or (h) shall occur, Lessor shall have the immediate right, at its election in its sole discretion, to terminate this Lease with respect any one or more (including all, if so elected by Lessor) of the Facilities. In all such events, Lessor shall have all rights at law and in equity available to Lessor as a result of any Event of Default. Lessee shall pay as Additional Charges all costs and expenses incurred by or on behalf of Lessor, including reasonable attorneys’ fees and expenses, as a result of any Event of Default hereunder. If an Event of Default shall have occurred and be continuing, whether or not this Lease has been terminated with respect to any one or more (including all, if so elected by Lessor and permitted in accordance with the terms hereof) of the Facilities pursuant to this Section 16.2Paragraph 16.1, Lessee shall, to the extent permitted by law, and if required by Lessor to so to do, immediately surrender to Lessor possession of the Leased Property and any Capital Additions pursuant to the provisions of the Facilities as to which Lessor has so elected to terminate this Lease Paragraph 16.1 and quit the same and Lessor may enter upon and repossess such the Leased Property and such Capital Additions Property, in person, by reasonable forceagent or by a court-appointed receiver, summary proceedings, ejectment or otherwise, and may remove Lessee and all other Persons persons and any of Lessee’s Personal Property and all personal property from such the Leased Property subject to rights of any residents (and their property) and to any requirements of law. Without limiting all other rights and remedies of Lessor under this Lease and under law, Lessor shall have the right to accelerate all Rent (including Minimum Rent) and therefore, upon Lessee's default, at Lessor's option, all such Capital Additions.Rent shall become immediately due and payable in accordance with Paragraph 16.3, below. Further, without limiting all other rights and remedies of Lessor under this Lease and under law, Lessor shall be entitled to recover from Lessee, and Lessee shall therefore be liable for, all costs of recovering possession (including without limitation all costs associated with any receiver) and renovating the Leased Property for a new lessee and all other costs of re-leasing, including, but not limited to, broker's commissions and attorneys' fees, except as limited by Paragraph 16.3
Appears in 1 contract
Samples: Lease (Alterra Healthcare Corp)
Certain Remedies. If an Event of Default shall have occurredoccurred and be continuing, Lessor Landlord may (a) terminate this CLEC Master Lease with respect to the Facility from which such Event of Default emanated, if any (provided, that any Event of Default that relates to Lessee’s performance hereunder generally and is not limited to circumstances at any specified Facility(ies), expressly including, without limitation, any Event of Default for failure to pay Minimum Rent, may be deemed by Lessor, in its reasonable discretion, to affect all Facilities). If at any time during the Term, Lessor has terminated this Lease with respect to a number of Facilities equal to seven percent (7%) or more (in the aggregate) of the number of Facilities then subject to this Lease pursuant to the first sentence of this Section 16.2, then if any additional Event(s) of Default shall occur thereafter, Lessor may terminate this Lease with respect any one or more (including all, if so elected by Lessor) of the Facilities, regardless of the cause of nature of such Event of Default, by giving Lessee notice Tenant no less than ten (10) days' Notice of such termination and the Term shall terminate and all rights of Lessee Tenant under this CLEC Master Lease shall cease with respect to all such Facilities cease, (b) seek damages as to which Lessor has elected to so terminate this Lease. Any such notice of termination mayprovided in Section 16.3 hereof, at Lessor(c) in Landlord’s option, be given and exercised concurrently with any notice of Event of Default given by Lessor to Lessee hereunder. In such event, such termination shall be effective immediately upon the occurrence of the Event of Default subject to Legal Requirements, including, without limitation, any requirement that the occupant needs to be the holder of any applicable health care licenses. In addition to the foregoing, if any Event of Default pursuant to Section 16.1(g) or (h) shall occur, Lessor shall have the immediate right, at its election in its sole discretion, elect not to terminate fund any GCI work undertaken by Tenant under Section 10.2 of this CLEC Master Lease with respect and/or (d) exercise any one other right or more (including all, if so elected by Lessor) of the Facilities. In all such events, Lessor shall have all rights remedy at law and or in equity available to Lessor Landlord as a result of any Event of Default. Lessee Tenant shall pay as Additional Charges all costs and expenses incurred by or on behalf of LessorLandlord, including reasonable attorneys’ ' fees and expenses, as a result of any Event of Default hereunder. If an Event of Default shall have occurred and be continuing, whether or not this CLEC Master Lease has been terminated with respect to any one or more (including all, if so elected by Lessor and permitted in accordance with the terms hereof) of the Facilities pursuant to the first sentence of this Section 16.2, Lessee Tenant shall, to the extent permitted by lawlaw (including applicable Communications Regulations), if required by Lessor so Landlord to dodo so, immediately surrender to Lessor Landlord possession of all or any portion of the Leased Property and (including any Tenant Capital Additions Improvements of the Facilities CLEC Facilities) as to which Lessor Landlord has so elected to terminate this Lease demanded and quit the same and Lessor may Landlord may, to the extent permitted by law (including applicable Communications Regulations), enter upon and repossess such Leased Property and such any Capital Additions Improvement thereto by reasonable force, summary proceedings, ejectment or otherwise, and and, to the extent permitted by law (including applicable Communications Regulations), may remove Lessee Tenant and all other Persons and any of Lessee’s Personal Tenant's Property from such Leased Property (including any such Tenant Capital Improvement thereto). Damages . Subject to Landlord's option to receive liquidated damages under this Section 16.3, none of (i) the termination of this CLEC Master Lease, (ii) the repossession of the Leased Property (including any Capital Improvements to any CLEC Facility), (iii) the failure of Landlord to relet the Leased Property or any portion thereof, (iv) the reletting of all or any portion of the Leased Property, or (v) the inability of Landlord to collect or receive any rentals due upon any such reletting, shall relieve Tenant of its liabilities and obligations hereunder, all of which shall survive any such Capital Additions.termination, repossession or reletting. Landlord and Tenant agree that Landlord shall have no obligation to mitigate Landlord's damages under this CLEC Master Lease. If any such termination of this CLEC Master Lease occurs (whether or not Landlord terminates Tenant's right to possession of the Leased Property), Tenant shall forthwith pay to Landlord all 7171 Rent due and payable under this CLEC Master Lease to and including the date of such termination. Thereafter: Tenant shall forthwith pay to Landlord, at Landlord's option, as and for liquidated and agreed current damages for the occurrence of an Event of Default, either:
Appears in 1 contract
Samples: Clec Master Lease (Uniti Group Inc.)
Certain Remedies. If Upon any Event of Default, Landlord shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease, at common law or in equity, or by statute or otherwise. Tenant expressly acknowledges and agrees that the Landlord will also have the right of injunction in accordance with applicable law. Without limiting the foregoing, if an Event of Default shall have occurredoccurs, Lessor may terminate this Lease with respect to is not cured within the Facility from which such Event of Default emanatedperiod, if any, for any (providedsuch cure provided 49 56 in Section 17.1, that any Event of Default that relates to Lessee’s performance hereunder generally and is not limited to circumstances at any specified Facility(ies), expressly including, without limitation, any Event of Default for failure to pay Minimum Rent, may be deemed by Lessor, in its reasonable discretion, to affect all Facilities). If at any time during the Term, Lessor has terminated this Lease with respect to a number of Facilities equal to seven percent (7%) or more (in the aggregate) of the number of Facilities then subject to this Lease pursuant to the first sentence of this Section 16.2, then if any additional Event(s) of Default shall occur thereafter, Lessor may terminate this Lease with respect any one or more (including all, if so elected by Lessor) of the Facilities, regardless of the cause of nature of such Event of Default, by giving Lessee notice of such termination and the Term shall terminate and all rights of Lessee under this Lease shall cease with respect to all such Facilities as to which Lessor has elected to so terminate this Lease. Any such notice of termination may, at Lessor’s option, be given and exercised concurrently with any notice of Event of Default given by Lessor to Lessee hereunder. In such event, such termination shall be effective immediately upon the occurrence of the Event of Default subject to Legal Requirements, including, without limitation, any requirement that the occupant needs to be the holder of any applicable health care licenses. In addition to the foregoing, if any Event of Default pursuant to Section 16.1(g) or (h) shall occur, Lessor shall have the immediate right, at its election in its sole discretion, to terminate this Lease with respect any one or more (including all, if so elected by Lessor) of the Facilities. In all such events, Lessor shall have all rights at law and in equity available to Lessor as a result of any Event of Default. Lessee shall pay as Additional Charges all costs and expenses incurred by or on behalf of Lessor, including reasonable attorneys’ fees and expenses, as a result of any Event of Default hereunder. If an Event of Default shall have occurred and be continuing, whether or not this Lease has been terminated with respect to any one or more (including all, if so elected by Lessor and permitted in accordance with the terms hereof) of the Facilities pursuant to this Section 16.2, Lessee continuing Tenant shall, to the extent permitted by law, law and if required by Lessor Landlord so to do, immediately surrender to Lessor possession of Landlord the Leased Property and any Capital Additions of the Facilities as to which Lessor has so elected to terminate this Lease and quit the same and Lessor same. Landlord may enter upon and repossess such Leased the Property and such Capital Additions by reasonable force, summary proceedings, ejectment or otherwise, and may remove Lessee Tenant and all other Persons persons and any and all personal property from the Property subject to rights of Lessee’s Personal any residents or patients and to any requirement of law. No such entry or repossession by Landlord shall be deemed an election by Landlord to terminate this Lease unless specifically stated by Landlord in writing from Landlord to Tenant. Thereafter Landlord shall use reasonable, good faith efforts to relet the Property or otherwise mitigate Landlord's damages. Landlord may so terminate Tenant's right of possession and may repossess the Premises without liability for trespass or conversion, without demand or notice of any kind to Tenant and without terminating this Lease, in which event Landlord may, but shall be under no obligation to, relet the same for the account of Tenant for such rent and upon such terms as shall be satisfactory to Landlord. For the purpose of such reletting, Landlord is authorized to decorate or to make any repairs, changes, alterations, or additions in or to the Premises that may be necessary or convenient. If Landlord exercises the remedies provided in this subparagraph, Tenant shall pay to Landlord, and Landlord shall be entitled to recover from Tenant, an amount equal to the total of the following: (A) unpaid Rent, plus interest at the Overdue Rate, owing under the Lease for all periods of time that the Premises are not relet (including any period prior to Landlord's repossession); plus (B) the reasonable costs of recovering possession, and all of the reasonable costs and expenses of such Leased Property decorations, repairs, changes, alterations, and additions, and the reasonable expense of such Capital Additionsreletting, and of the collection of the rent accruing, therefrom to satisfy the Rent provided for the Leave to be paid; plus (C) any deficiency in the rentals and other sums actually received by Landlord from any such reletting from the Rent required to be paid under this Lease with respect to the periods the Premises are so relet, and Tenant shall satisfy and pay any such deficiency upon demand therefor from time to time. Neither the repossession of the Property, the failure of Landlord to relet the Property, nor the reletting of all or any portion of the Property, shall relieve Tenant of its liability and obligation hereunder, all of which shall survive any such repossession or reletting. Tenant agrees that Landlord may file suit to recover any sums falling due under the terms of this subparagraph from time to time; and that no delivery or recovery of any portion due Tenant hereunder shall be a defense in any action to recover any amount not theretofore reduced to judgment in favor of Landlord, nor shall such reletting be construed as an election on the part of Landlord to terminate this Lease unless specifically stated by Landlord in writing from Landlord to Tenant. Notwithstanding, any such reletting without termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breach in accordance with the procedure hereinafter provided.
Appears in 1 contract
Samples: Lease (Unison Healthcare Corp)
Certain Remedies. If an Event of Default shall have occurred, Lessor may terminate this Lease with respect to the Facility from which such Event of Default emanated, if any (providedany, that any Event of Default that relates to Lessee’s performance hereunder generally and is not limited to circumstances at any specified Facility(ies), expressly including, without limitation, any Event of Default for failure to pay Minimum Rent, may be deemed by Lessor, in its reasonable discretion, to affect all Facilities). If at any time during the Term, Lessor has terminated this Lease with respect to a number of Facilities equal to seven percent (7%) or more (in the aggregate) of the number of Facilities then subject to this Lease pursuant to the first sentence of this Section 16.2, then if any additional Event(s) of Default shall occur thereafter, Lessor may terminate this Lease with respect any one or more (including all, if so elected by Lessor) of the Facilities, regardless of the cause of nature of whether such Event of DefaultDefault emanated primarily from a single Facility, by giving Lessee notice of such termination and the Term shall terminate and all rights of Lessee under this Lease shall cease with respect to all such Facilities as to which Lessor has elected to so terminate this Lease. Any such notice of termination may, at Lessor’s option, be given and exercised concurrently with any notice of Event of Default given by Lessor to Lessee hereunder. In such event, such termination shall be effective immediately upon the occurrence of the Event of Default subject to Legal Requirements, including, without limitation, any requirement that the occupant needs to be the holder of any applicable health care licensesDefault. In addition to the foregoing, if any Event of Default pursuant to Section 16.1(g) or (h) shall occur, Lessor shall have the immediate right, at its election in its sole discretion, to terminate this Lease with respect any one or more (including all, if so elected by Lessor) of the Facilities. In all such events, Lessor shall have all rights at law and in equity available to Lessor as a result of any Event of Default. Lessee shall pay as Additional Charges all costs and expenses incurred by or on behalf of Lessor, including reasonable attorneys’ fees and expenses, as a result of any Event of Default hereunder. If an Event of Default shall have occurred and be continuing, whether or not this Lease has been terminated with respect to any one or more (including all, if so elected by Lessor and permitted in accordance with the terms hereofLessor) of the Facilities pursuant to this Section 16.2, Lessee shall, to the extent permitted by law, if required by Lessor so to do, immediately surrender to Lessor possession of the Leased Property and any Capital Additions of the Facilities as to which Lessor has so elected to terminate this Lease and quit the same and Lessor may enter upon and repossess such Leased Property and such Capital Additions by reasonable force, summary proceedings, ejectment or otherwise, and may remove Lessee and all other Persons and any of Lessee’s Personal Property from such Leased Property and such Capital Additions.
Appears in 1 contract
Certain Remedies. If an Event of Default has occurred and is continuing, the Lender may, on three Banking Days’ prior written notice to the Borrower, the Committee, and the Office of the United States Trustee, Southern District of New York, (i) declare the unpaid principal amount of the Notes, interest accrued thereon, and all other amounts owing by the Borrower hereunder or under the Notes to be immediately due and payable without further order of or application to the Bankruptcy Court, presentment, demand, protest or further notice of any kind, all of which are hereby expressly waived, an action therefor shall immediately accrue, and (ii) exercise all rights and remedies which the Lender may have occurredhereunder or under any other Facility Document, Lessor may terminate this Lease the Interim Order, the Final Order or at law (including but not limited to the Bankruptcy Code and the Uniform Commercial Code) or in equity or otherwise, without regard to the automatic stay provided for in § 362 of the Bankruptcy Code with respect to the Facility Borrower or any of its property. Within such three Banking Days, the Borrower or any other party-in-interest may seek a hearing before the Bankruptcy Court and the Lender shall refrain from which such enforcing any of its remedies hereunder until the Bankruptcy Court has ruled in respect thereof or an agreement has otherwise been reached. Unless the Bankruptcy Court shall order that no Event of Default emanatedhas occurred or has granted other related relief, if any (provided, that any Event the automatic stay under § 362 of Default that relates to Lessee’s performance hereunder generally and is not limited to circumstances at any specified Facility(ies), expressly including, without limitation, any Event of Default for failure to pay Minimum Rent, may the Bankruptcy Code shall be deemed by Lessor, in its reasonable discretion, to affect all Facilities). If at any time during the Term, Lessor has terminated this Lease vacated with respect to a number of Facilities equal to seven percent (7%) or more (in the aggregate) of the number of Facilities then subject to this Lease pursuant to the first sentence of this Section 16.2Collateral, then if any additional Event(s) of Default shall occur thereafter, Lessor may terminate this Lease with respect any one or more (including all, if so elected by Lessor) of the Facilities, regardless of the cause of nature of such Event of Default, by giving Lessee notice of such termination and the Term Lender shall terminate and be free to exercise all of its rights of Lessee under this Lease shall cease with respect to all such Facilities as the Collateral, subject to which Lessor has elected to so terminate this Leasethe rights of the holders of Permitted Liens, without further approval of the Bankruptcy Court. Any such notice of termination may, at Lessor’s option, be given and exercised concurrently with any notice of Event of Default given by Lessor to Lessee hereunder. In such event, such termination All proceeds in respect thereof shall be effective immediately upon applied by the occurrence Lender to reduce the Obligations in the Lender’s sole discretion, and the Borrower shall remain liable for any deficiencies. With respect to any lease or executory contract constituting part of the Event of Default subject to Legal RequirementsCollateral, including, without limitation, any requirement that the occupant needs to be the holder of any applicable health care licenses. In addition to the foregoing, if any Event of Default pursuant to Section 16.1(g) or (h) shall occur, Lessor Lender shall have the immediate rightright to cause the Borrower to assume and assign such lease or executory contract to the Lender or its designee, at its election in its sole discretion, although nothing herein shall be construed to terminate this Lease with respect any one or more (including all, if so elected by Lessor) limit the rights of the Facilitiescounterparty to such lease or executory contract to adequate assurance and cure payments under § 365 of the Bankruptcy Code or to impose any obligation on the Lender to make any such adequate assurance or cure payments. In all Any proceeds received by the Borrower in connection with the assumption and assignment of any executory contract or lease shall be proceeds of the Collateral and immediately remitted to the Lender to reduce the Obligations then outstanding. All such eventsremedies shall be cumulative and not exclusive. No failure on the part of such Lender to exercise, Lessor and no delay in exercising, any right hereunder shall have all rights at law and in equity available to Lessor operate as a result waiver thereof or preclude any other or further exercise thereof or the exercise of any Event of Defaultother right. Lessee shall pay as Additional Charges all costs The remedies herein provided are cumulative and expenses incurred by or on behalf of Lessor, including reasonable attorneys’ fees and expenses, as a result not exclusive of any Event of Default hereunder. If an Event of Default shall have occurred and be continuing, whether or not this Lease has been terminated with respect to any one or more (including all, if so elected by Lessor and permitted in accordance with the terms hereof) of the Facilities pursuant to this Section 16.2, Lessee shall, to the extent permitted remedies provided by law, if required by Lessor so to do, immediately surrender to Lessor possession of the Leased Property and any Capital Additions of the Facilities as to which Lessor has so elected to terminate this Lease and quit the same and Lessor may enter upon and repossess such Leased Property and such Capital Additions by reasonable force, summary proceedings, ejectment or otherwise, and may remove Lessee and all other Persons and any of Lessee’s Personal Property from such Leased Property and such Capital Additions.
Appears in 1 contract
Samples: Credit Agreement (IGIA, Inc.)
Certain Remedies. If an Event of Default shall have occurred, Lessor may terminate this Lease with respect to the Facility from which such Event of Default emanated, if any (provided, that any Event of Default that relates to Lessee’s performance hereunder generally and is not limited to circumstances at any specified Facility(ies), expressly including, without limitation, any Event of Default for failure to pay Minimum Rent, may be deemed by Lessor, in its reasonable discretion, to affect all Facilities). If at any time during the Term, Lessor has terminated this Lease with respect to a number of Facilities equal to seven percent (7%) or more (in the aggregate) of the number of Facilities then subject to this Lease pursuant to the first sentence of this Section 16.2, then if any additional Event(s) of Event(s)of Default shall occur thereafter, Lessor may terminate this Lease with respect any one or more (including allto the Facility from which such Event of Default emanated, if any, or, if so elected by Lessor) , with respect to all of the Facilities, regardless of the cause of nature of such Event of Default, by giving Lessee notice of such termination and the Term shall terminate and all rights of Lessee under this Lease shall cease with respect to all such Facilities as to which Lessor has elected to so terminate this Lease. Any such notice of termination may, at Lessor’s option, be given and exercised concurrently with any notice of Event of Default given by Lessor to Lessee hereunder. In such event, such termination shall be effective immediately upon the occurrence of the Event of Default subject to Legal Requirements, including, without limitation, any requirement that the occupant needs to be the holder of any applicable health care licenses. In addition to the foregoing, if any Event of Default pursuant to Section 16.1(g) or 16.1(g)or (h) shall occur, Lessor shall have the immediate right, at its election in its sole discretion, to terminate this Lease with respect any one or more (including all, if so elected by Lessor) to all of the Facilities. In all such events, Lessor shall have all rights at law and in equity available to Lessor as a result of any Event of Default. Lessee shall pay as Additional Charges all costs and expenses incurred by or on behalf of Lessor, including reasonable attorneys’ fees and expenses, as a result of any Event of Default hereunder. If an Event of Default shall have occurred and be continuing, whether or not this Lease has been terminated with respect to any one or more (including all, if so elected by Lessor and permitted in accordance with the terms hereof) of the Facilities pursuant to this Section 16.2, Lessee shall, to the extent permitted by law, if required by Lessor so to do, immediately surrender to Lessor possession of the Leased Property and any Capital Additions of the Facilities as to which Lessor has so elected to terminate this Lease and quit the same and Lessor may enter upon and repossess such Leased Property and such Capital Additions by reasonable force, summary proceedings, ejectment or otherwise, and may remove Lessee and all other Persons and any of Lessee’s Personal Property from such Leased Property and such Capital Additions.
Appears in 1 contract
Samples: Master Lease and Security Agreement (Brookdale Senior Living Inc.)
