Common use of CONDITIONS OF LIMITATION Clause in Contracts

CONDITIONS OF LIMITATION. 24.01. This Lease and the term and estate hereby granted are subject to the limitation that whenever Tenant shall make an assignment of the property of Tenant for the benefit of creditors, or shall file a voluntary petition under any bankruptcy or insolvency law, or an involuntary petition alleging an act of bankruptcy or insolvency shall be filed against Tenant under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant under the reorganization provisions of the United States Bankruptcy Act or under the provisions of any law of like imports or whenever a petition shall be filed by Tenant under the arrangement provisions of any law of like import, whenever a permanent receiver of Tenant or of or for the property of Tenant shall be appointed, then Landlord, (a) at any time of receipt of notice of the occurrence of any such event, or (b) if such event occurs without the acquiescence of Tenant, at any time after the event continues for thirty (30) days, Landlord may give Tenant a notice of intention to end the term of this Lease at the expiration of five (5) days from the date of service of such notice of intention, and upon the expiration of said five (5) day period this Lease and the term and estate hereby granted, whether or not the term shall theretofore have commenced, shall terminate with the same effect as if that day were the Expiration Date, but Tenant shall remain liable for damages as provided in Article 26.

Appears in 3 contracts

Samples: Lease Agreement (I Many Inc), Lease (Robotic Lasers Inc), Lease Agreement (Hanover Capital Mortgage Holdings Inc)

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CONDITIONS OF LIMITATION. 24.01. This 25.01 To the extent permitted by applicable law this Lease and the term and estate hereby granted are subject to the limitation that whenever Tenant shall make an assignment of all or substantially all of the property of Tenant for the benefit of creditors, or shall file a voluntary petition under any bankruptcy or insolvency law, or an involuntary petition alleging an act of bankruptcy or insolvency shall be filed against Tenant under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant under the reorganization provisions of the United States Bankruptcy Act or under the provisions of any law of like imports import, or whenever a petition shall be filed by Tenant under the arrangement provisions of the United States Bankruptcy Act or under the provisions of any law of like import, or whenever a permanent receiver of Tenant or of or for the property of Tenant shall be appointed, then then, Landlord, (a) at any time of after receipt of notice of the occurrence of any such event, or (b) if such event occurs without the acquiescence of Tenant, at any time after the event continues unstayed for thirty ninety (3090) days, Landlord may give Tenant a notice of intention to end the term of this Lease at the expiration of five (5) days from the date of service of such notice of intention, and upon the expiration of said five (5) day period this Lease and the term and estate hereby granted, whether or not the term shall theretofore have commenced, shall terminate with the same effect as if that day were the Expiration Date, but Tenant shall remain liable for damages as provided in Article 2627.

Appears in 3 contracts

Samples: Lease (Boomerang Systems, Inc.), Henry Bros. Electronics, Inc., Lease (Treasure Mountain Holdings Inc)

CONDITIONS OF LIMITATION. 24.01. This Lease and the term and estate hereby granted are subject to the limitation that whenever Tenant shall make an assignment of the property of Tenant for the benefit of creditors, or shall file a voluntary petition under any bankruptcy or insolvency law, or an involuntary petition alleging an act of bankruptcy or insolvency shall be filed against Tenant under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant under the reorganization provisions of the United States Bankruptcy Act or under the provisions of any law of like imports or whenever a petition shall be filed by Tenant under the arrangement provisions of any law of like import, whenever a permanent receiver of Tenant or of or for the property of Tenant shall be appointed, then Landlord, (a) at any time of receipt of notice of the occurrence of any such event, or (b) if such event occurs without the acquiescence of Tenant, at any time after the event continues for thirty sixty (3060) days, Landlord may give Tenant a notice of intention to end the term of this Lease at the expiration of five (5) days from the date of service of such notice of intention, and upon the expiration of said five (5) day period this Lease and the term and estate hereby granted, whether or not the term shall theretofore have commenced, shall terminate with the same effect as if that day were the Expiration Date, but Tenant shall remain liable for damages as provided in Article 26.

Appears in 3 contracts

Samples: Lease (Pxre Group LTD), And Attornment Agreement (I Many Inc), Life Medical Sciences Inc

CONDITIONS OF LIMITATION. 24.01. This Lease 25.01 To the extent permitted by applicable law this lease and the term and estate hereby granted are subject to the limitation that whenever Tenant shall make an assignment of the property of Tenant for the benefit of creditors, or shall file a voluntary petition under any bankruptcy or insolvency law, or an involuntary petition alleging an act of bankruptcy or insolvency shall be filed against Tenant under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant under the reorganization provisions of the United States Bankruptcy Act or under the provisions of any law of like imports import, or whenever a petition shall be filed by Tenant under the arrangement provisions of the United States Bankruptcy Act or under the provisions of any law of like import, or whenever a permanent receiver of Tenant or of or for the property of Tenant shall be appointed, then then, Landlord, (a) at any time of after receipt of notice of the occurrence of any such event, or (b) if such event occurs without the acquiescence of Tenant, at any time after the event continues for thirty ninety (3090) days, Landlord may give Tenant a notice of intention to end the term of this Lease lease at the expiration of five (5) days from the date of service of such notice of intention, and upon the expiration of said five (5) day period this Lease lease and the term and estate hereby granted, whether or not the term shall theretofore have commenced, shall terminate with the same effect as if that day were the Expiration Date, but Tenant shall remain liable for damages as provided in Article 2627.

Appears in 3 contracts

Samples: Lease (American Realty Capital New York Recovery Reit Inc), Lease (American Realty Capital New York Recovery Reit Inc), Lease (Hearst Argyle Television Inc)

CONDITIONS OF LIMITATION. 24.01. 25.01 This Lease and the term and estate hereby granted are subject inter alia to the limitation that whenever Tenant shall make an assignment of the property of Tenant for the benefit of creditors, or shall file a voluntary petition under any bankruptcy or insolvency law, or an involuntary petition alleging an act of bankruptcy or insolvency shall be is filed against Tenant under any bankruptcy or insolvency lawTenant, or whenever a petition shall be filed by or against Tenant seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or any future federal bankruptcy act or any other present or future applicable federal, state or other statute or law, or shall seek or consent to or acquiesce in the reorganization provisions of the United States Bankruptcy Act or under the provisions appointment of any law trustee, receiver or liquidator of like imports Tenant or of all or any substantial part of its properties, or whenever a petition shall be filed by Tenant under the arrangement provisions of any law of like import, whenever a permanent or temporary receiver of Tenant or of of, or for for, the property of Tenant shall be appointed, then or if Tenant shall plead bankruptcy or insolvency as a defense in any action or proceeding, then, Landlord, (a) at any time of after receipt of notice of the occurrence of any such event, or (b) if such event occurs without the acquiescence of Tenant, at any time after the event continues for thirty sixty (3060) days, Landlord may give Tenant a notice of intention to end the term of this Lease Term at the expiration of five (5) days from the date of service of such notice of intention, and upon the expiration of said five (5) day period this Lease and the term Term and estate hereby granted, whether or not the term Term shall theretofore have commenced, shall terminate with the same effect as if that day were the Expiration Date, but Tenant shall remain liable for damages as provided as in Article 2627.

Appears in 3 contracts

Samples: Office Lease (Star Telecommunications Inc), Office Lease (Focal Communications Corp), Office Lease (Eventures Group Inc)

CONDITIONS OF LIMITATION. 24.01. 25.01 (a) This Lease and the term and estate hereby granted are subject subject, inter alia, to the limitation that whenever Tenant shall make an assignment of the property of Tenant for the benefit of creditors, or shall file a voluntary petition under any bankruptcy or insolvency law, or an involuntary petition alleging an act of bankruptcy or insolvency shall be is filed against Tenant under any bankruptcy or insolvency lawTenant, or whenever a petition shall be filed by or against Tenant seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or any future federal bankruptcy act or any other present or future applicable federal, state or other statute or law, or shall seek or consent to or acquiesce in the reorganization provisions of the United States Bankruptcy Act or under the provisions appointment of any law trustee, receiver or liquidator of like imports Tenant or of all or any substantial part of its properties, or whenever a petition shall be filed by Tenant under the arrangement provisions of any law of like import, whenever a permanent or temporary receiver of Tenant or of or for the property of Tenant shall be appointed, then Landlordor if Tenant shall plead bankruptcy or insolvency as a defense in any action or proceeding, then, Landlord (a) at any time of after receipt of notice of the occurrence of any such event, or (b) if such event occurs without the acquiescence of Tenant, at any time after the event continues for thirty (30) 60 days, Landlord may give Tenant a notice of intention to end the term of this Lease at the expiration of five (5) days from the date of service of such notice of intention, and upon the expiration of said five (5) day period this Lease and the term and estate hereby granted, whether or not the term shall theretofore have commenced, shall terminate with the same effect as if that day were the Expiration Date, but Tenant shall remain liable for damages as provided in Article 2627.

Appears in 2 contracts

Samples: Agreement (Synapse Group Inc), Lease (Total Tel Usa Communications Inc)

CONDITIONS OF LIMITATION. 24.0122.01. This Lease lease and the term and estate hereby granted are subject to the limitation that whenever Tenant shall make an assignment of the property of Tenant for the benefit of creditors, or shall file a voluntary petition under any bankruptcy or insolvency law, or an involuntary petition alleging an act of bankruptcy or insolvency shall be filed against Tenant under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant under the reorganization provisions of the United States Bankruptcy Act Code (herein called the “Bankruptcy Code”) or under the provisions of any law of like imports import, or whenever a petition shall be filed by Tenant under the arrangement provisions of the Bankruptcy Code or under the provisions of any law of like import, or whenever a permanent receiver of Tenant or of or for the property of Tenant shall be appointed, then Landlord, Landlord (a) at any time of receipt of notice of the occurrence of any such event, or (b) if such event occurs without the acquiescence of Tenant, Tenant at any time after the event continues for thirty one hundred eighty (30180) days, or (b) in any other case at any time after such event continues for sixty (60) days after written notice thereof has been given by Landlord to Tenant and any Leasehold Mortgagee whose name and address has been delivered to Landlord, may give Tenant and any such Leasehold Mortgagee a notice of intention to end the term of this Lease Term at the expiration of five ten (510) days from the date of service of such notice of intentionintention to Tenant and such Leasehold Mortgagee, and upon the expiration of said five ten (510) day period this Lease lease and the term and estate hereby granted, whether or not the term shall theretofore have commenced, shall terminate with the same effect as if that day were the Expiration Dateexpiration date of this lease, but Tenant shall remain liable for damages as provided in Article 2624.

Appears in 2 contracts

Samples: Agreement (Citigroup Inc), Agreement (Citigroup Inc)

CONDITIONS OF LIMITATION. 24.0125.01. This Lease and the term and estate hereby granted are is subject to the limitation that whenever Tenant or any Guarantor (a) shall make an assignment of the property of Tenant for the benefit of creditors, or (b) shall file commence a voluntary petition case or have entered against it an order for relief under any bankruptcy or insolvency law, or an involuntary petition alleging an act chapter of bankruptcy or insolvency shall be filed against Tenant under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant under the reorganization provisions Federal Bankruptcy Code (Title 11 of the United States Bankruptcy Act Code) or any similar order or decree under any federal or state law, now in existence, or hereafter enacted having the provisions same general purpose, and such order or decree shall have not been stayed or vacated within 30 days after entry, or (c) shall cause, suffer, permit or consent to the appointment of a receiver, trustee, administrator, conservator, sequestrator, liquidator or similar official in any law federal, state or foreign judicial or nonjudicial proceeding, to hold, administer and/or liquidate all or substantially all of like imports its assets, and such appointment shall not have been revoked, terminated, stayed or whenever a petition shall be filed by Tenant under the arrangement provisions vacated and such official discharged of any law his duties within 30 days of like import, whenever a permanent receiver of Tenant or of or for the property of Tenant shall be appointedhis appointment, then Landlord, (a) at any time of receipt of notice of after the occurrence of any such event, or (b) if such event occurs without the acquiescence of Tenant, at any time after the event continues for thirty (30) days, Landlord may give Tenant a notice of intention to end the term of this Lease Term at the expiration of five (5) days from the date of service of such notice of intention, and upon the expiration of said five (5) day period this Lease and the term and estate hereby grantedperiod, whether or not the term Term shall theretofore have commenced, this Lease shall terminate with the same effect as if that day were the Expiration Dateexpiration date of this Lease, but Tenant shall remain liable for damages as provided in Article 2627.

Appears in 2 contracts

Samples: G Iii Apparel Group LTD /De/, Lease Modification Agreement (Kasper a S L LTD)

CONDITIONS OF LIMITATION. 24.01. This Lease 25.01 To the extent permitted by applicable law, this Lease, and the term Term and estate hereby granted granted, are subject to the limitation that that, whenever Tenant shall make an assignment of the property of Tenant for the benefit of creditors, or shall consent to, or acquiesce in, the appointment of a liquidator receiver, trustee, or other custodian of itself or the whole or any part of its properties or assets, or shall commence a voluntary case for relief under the United States Bankruptcy Code or file a voluntary petition or take advantage of any bankruptcy or insolvency act or applicable law of like import, or whenever an involuntary case under the United States Bankruptcy Code shall be commenced against Tenant, or if a petition shall be filed against it seeking similar relief under any bankruptcy or insolvency law, or an involuntary petition alleging an act of bankruptcy or insolvency shall be filed against Tenant under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant under the reorganization provisions of the United States Bankruptcy Act or under the provisions of any law of like imports or whenever a petition shall be filed by Tenant under the arrangement provisions of any other applicable law of like import, or whenever a permanent receiver receiver, liquidator, trustee, or other custodian of Tenant Tenant, or of, or for, substantially all of or for the property of of, Tenant shall be appointedappointed without Tenant’s consent or acquiescence, then Landlordthen, (a) at any time of receipt of notice of the occurrence of any such event, or (b) Landlord if such event occurs without the acquiescence of Tenant, at any time after the event continues for thirty ninety (3090) days, Landlord may give Tenant a notice of intention to end the term Term of this Lease at the expiration of five (5) days from the date of service of such notice of intention, and and, upon the expiration of said five (5) day period period, this Lease and the term Term and estate hereby granted, whether or not the term Term shall theretofore have commenced, shall terminate with the same effect as if that day were the Expiration DateDate (unless such event shall cease before expiration of the 5 day period), but Tenant shall remain liable for damages as provided in Article 2627. As used in this Section 25.01, the term “Tenant” shall mean the then owner and holder of the interest and estate of the tenant under this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Blue Apron Holdings, Inc.), Lease Agreement (Blue Apron Holdings, Inc.)

CONDITIONS OF LIMITATION. 24.01. This Lease 25.01 To the extent permitted by applicable law this lease and the term and estate hereby granted are subject to the limitation that whenever Tenant shall make an assignment of the property of Tenant for the benefit of creditors, or shall file a voluntary petition under any bankruptcy or insolvency law, or an involuntary petition alleging an act of bankruptcy or insolvency shall be filed against Tenant under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant under the reorganization provisions of the United States Bankruptcy Act or under the provisions of any law of like imports import, or whenever a petition shall be filed by Tenant under the arrangement provisions of the United States Bankruptcy Act or under the provisions of any law of like import, or whenever a permanent receiver of Tenant or of or for the property of Tenant shall be appointed, then then, Landlord, (a) at any time of after receipt of notice of the occurrence of any such event, or (b) if such event occurs without the acquiescence of Tenant, at any time after the event continues for thirty one hundred twenty (30120) days, Landlord may give Tenant a notice of intention to end the term of this Lease lease at the expiration of five (5) days from the date of service of such notice of intention, and upon the expiration of said five (5) day period this Lease lease and the term and estate hereby granted, whether or not the term shall theretofore have commenced, shall terminate with the same effect as if that day were the Expiration Date, but Tenant shall remain liable for damages as provided in Article 2627.

Appears in 2 contracts

Samples: Angion Biomedica Corp., Angion Biomedica Corp.

CONDITIONS OF LIMITATION. 24.0114.01. This Lease and the term and estate hereby granted are subject to the limitation that whenever Tenant shall make an assignment of the property of Tenant for the benefit of creditors, or shall file a voluntary petition under any bankruptcy or insolvency law, law or an any involuntary petition alleging an act of bankruptcy or insolvency shall be filed against Tenant under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant under the reorganization provisions of the United States Bankruptcy Act or under the provisions of any law of like imports import, or whenever a petition shall be filed by Tenant under the arrangement provisions of the United States Bankruptcy Act or under the provisions of any law of like import, or whenever a permanent receiver of Tenant or of or for the property of Tenant shall be appointed, then Landlordthen, Landlord may, (a) at any time of after receipt of such notice of the occurrence of any such event, or (b) if such event occurs without the acquiescence of Tenant, at any time after the event continues for thirty (30) days, Landlord may give Tenant a notice of intention to end the term of this Lease at the expiration of five (5) days from the date of service of such notice of intention, and upon the expiration of said five (5) day period period, this Lease and the term and estate hereby granted, whether or not the term shall theretofore have commenced, shall terminate with the same effect as if that day were the Expiration Date, but Tenant shall remain liable for damages as provided in Article 2616.

Appears in 1 contract

Samples: Primus Guaranty LTD

CONDITIONS OF LIMITATION. 24.01. 16.01 This Lease and the term and estate hereby granted are subject to the limitation that whenever Tenant shall make an assignment of the property of Tenant for the benefit of creditors, or shall file a voluntary petition under any bankruptcy or insolvency law, law or an any involuntary petition alleging an act of bankruptcy or insolvency shall be filed against Tenant under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant under the reorganization provisions of the United States Bankruptcy Act or under the provisions of any law of like imports import, or whenever a petition shall be filed by Tenant under the arrangement provisions of the United States Bankruptcy Act or under the provisions of any law of like import, or whenever a permanent receiver of Tenant or of or for the property of Tenant shall be appointed, then Landlordthen, Landlord may, (a) at any time of after receipt of such notice of the occurrence of any such event, or (b) if such event occurs without the acquiescence of Tenant, at any time after the event continues for thirty (30) days, Landlord may give Tenant a notice of intention to end the term of this Lease at the expiration of five (5) days from the date of service of such notice of intention, and upon the expiration of said five (5) day period period, this Lease and the term and estate hereby granted, whether or not the term shall theretofore have commenced, shall terminate with the same effect as if that day were the Expiration Date, but Tenant shall remain liable for damages as provided in Article 2618.

Appears in 1 contract

Samples: Agreement of Lease (Enernoc Inc)

CONDITIONS OF LIMITATION. 24.01. This Lease 25.01 To the extent permitted by applicable law this lease and the term and estate hereby granted are subject to the limitation that whenever Tenant shall make an assignment of the property of Tenant for the benefit of creditors, or shall file a voluntary petition under any bankruptcy or insolvency law, or an involuntary petition alleging an act of bankruptcy or insolvency shall be filed against Tenant under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant under the reorganization provisions of the United States Bankruptcy Act or under the provisions of any law of like imports import, or whenever a petition shall be filed by Tenant under the arrangement provisions of the United States Bankruptcy Act or under the provisions of any law of like import, or whenever a permanent receiver of Tenant or of or for the property of Tenant shall be appointed, then then, Landlord, (a) at any time of after receipt of notice of the occurrence of any such event, or (b) if such event occurs without the acquiescence of Tenant, at any time after the event continues unstayed for thirty ninety (3090) days, Landlord may give Tenant a notice of intention to end the term of this Lease lease at the expiration of five (5) days from the date of service of such notice of intention, and upon the expiration of said five (5) day period this Lease lease and the term and estate hereby granted, whether or not the term shall theretofore have commenced, shall terminate with the same effect as if that day were the Expiration Date, but Tenant shall remain liable for damages as provided in Article 2627.

Appears in 1 contract

Samples: Atalanta Sosnoff Capital Corp /De/

CONDITIONS OF LIMITATION. 24.01. This 25.01 To the extent permitted by applicable law this Lease and the term and estate hereby granted are subject to the limitation that whenever Tenant shall make an assignment of the property of Tenant for the benefit of creditors, or shall file a voluntary petition under any bankruptcy or insolvency law, or an involuntary petition alleging an act of bankruptcy or insolvency shall be filed against Tenant under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant under the reorganization provisions of the United States Bankruptcy Act or under the provisions of any law of like imports import, or whenever a petition shall be filed by Tenant under the arrangement provisions of the United States Bankruptcy Act or under the provisions of any law of like import, or whenever a permanent receiver of Tenant or of or for the property of Tenant shall be appointed, then then, Landlord, (a) at any time of after receipt of notice of the occurrence of any such event, or (b) if such event occurs without the acquiescence of Tenant, at any time after the event continues for thirty one hundred twenty (30120) days, Landlord may give Tenant a notice of intention to end the term of this Lease at the expiration of five (5) days from the date of service of such notice of intention, and upon the expiration of said five (5) day period this Lease and the term and estate hereby granted, whether or not the term shall theretofore have commenced, shall terminate with the same effect as if that day were the Expiration Date, but Tenant shall remain liable for damages as provided in Article 2627.

Appears in 1 contract

Samples: Lease (Aveta Inc)

CONDITIONS OF LIMITATION. 24.01. 20.01 This Lease and the term Term and estate hereby granted are subject inter alia to the limitation that whenever Tenant shall make an assignment of the property of Tenant for the benefit of creditors, or shall file a voluntary petition under any bankruptcy or insolvency law, or an involuntary petition alleging an act of bankruptcy or insolvency shall be is filed against Tenant under any bankruptcy or insolvency lawTenant, or whenever a petition shall be filed by or against Tenant seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or any future federal bankruptcy act or other present or future applicable federal, state or other statute or lav;, or shall seek or consent to or acquiesce in the reorganization provisions of the United States Bankruptcy Act or under the provisions appointment of any law trustee, receiver or liquidator of like imports Tenant or of all or any substantial part of its properties, or whenever a petition shall be filed by Tenant under the arrangement provisions of any law of like import, whenever a permanent or temporary receiver of Tenant or of of, or for for, the property of Tenant shall be appointed, then or if Tenant shall plead bankruptcy or insolvency as a defense in any action or proceeding, then, Landlord, (a) at any time of after receipt of notice of the occurrence of any such event, or (b) if such event occurs without the acquiescence of Tenant, at any time after the event continues for thirty (30) 45 days, Landlord may give Tenant a notice of intention to end the term of this Lease Term at the expiration of five (5) days from the date of service of such notice of intention, and upon the expiration of said five (5) day period this Lease and the term Term and estate hereby granted, whether or not the term Term shall theretofore have commenced, shall terminate with the same effect as if that day were the Expiration Date, but Tenant shall remain liable for damages as provided as in Article 2622.

Appears in 1 contract

Samples: Sublease (Radiation Therapy Services Holdings, Inc.)

CONDITIONS OF LIMITATION. 24.01. 27.01 This Lease and the term and estate hereby granted are is subject to the limitation that whenever Tenant (a) shall make an assignment of the property of Tenant for the benefit of creditors, or (b) shall file commence a voluntary petition case or have entered against it an order for relief under any bankruptcy or insolvency law, or an involuntary petition alleging an act chapter of bankruptcy or insolvency shall be filed against Tenant under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant under the reorganization provisions Federal Bankruptcy Code (Title II of the United States Bankruptcy Act Code) or any similar order or decree under any federal or state law, now in existence, or hereafter enacted having the provisions same general purpose, and such order or decree shall have not been stayed or vacated within 30 days after entry, or (c) shall cause, suffer, permit or consent to the appointment of a receiver, trustee, administrator, conservator, sequestrator, liquidator or similar official in any law federal, state or foreign judicial or non-judicial proceeding, to hold, administer and/or liquidate all or substantially all of like imports its assets, and such appointment shall not have been revoked, terminated, stayed or whenever a petition shall be filed by Tenant under the arrangement provisions vacated and such official discharged of any law his duties within 30 days of like import, whenever a permanent receiver of Tenant or of or for the property of Tenant shall be appointed, his appointment then Landlord, (a) at any time of receipt of notice of after the occurrence of any such event, or (b) if such event occurs without the acquiescence of Tenant, at any time after the event continues for thirty (30) days, Landlord may give Tenant a notice of intention to end the term of this Lease Term at the expiration of five (5) days from the date of service of such notice of intention, and upon the expiration of said five (5) day period this Lease and the term and estate hereby grantedperiod, whether or not the term Term shall theretofore have commenced, this Lease shall terminate with the same effect as if that day were the Expiration DateDate of this Lease, but Tenant shall remain liable for damages as provided in Article 2629.

Appears in 1 contract

Samples: Agreement (Paine Webber Group Inc)

CONDITIONS OF LIMITATION. 24.01. This Section 17.01 To the extent permitted by applicable law, this Lease and the term Term and estate hereby granted are subject to the limitation that whenever Tenant shall make an assignment of the property of Tenant for the benefit of creditors, or shall file a voluntary petition under any bankruptcy or insolvency law, or an involuntary petition alleging an act of bankruptcy or insolvency shall be filed against Tenant under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant under the reorganization provisions of the United States Bankruptcy Act or under the provisions of any law of like imports import, or whenever a petition shall be filed by Tenant under the arrangement provisions of the United States Bankruptcy Act or under the provisions of any law of like import, or whenever a permanent receiver of Tenant or of or for the property of Tenant shall be appointed, then then, Landlord, (a) at any time of after receipt of notice of the occurrence of any such event, or (b) if such event occurs without the acquiescence of Tenant, at any time after the event continues for thirty ninety (3090) days, Landlord may give Tenant a notice of intention to end the term of this Lease at the expiration of five (5) days from the date of service of such notice of intentionnotice, and upon the expiration of said five (5) day period this Lease and the term and estate hereby granted, whether or not the term shall theretofore have commenced, shall terminate with the same effect as if that day were the Expiration Termination Date, but Tenant shall remain liable for damages as provided in Article 2618.

Appears in 1 contract

Samples: Indenture of Lease (Carbonite Inc)

CONDITIONS OF LIMITATION. 24.01. 16.01 This Lease and the term and estate hereby granted are subject to the limitation that whenever Tenant shall make an assignment of the property of Tenant for the benefit of creditors, or shall file a voluntary petition under any bankruptcy or insolvency law, law or an any involuntary petition alleging an act of bankruptcy or insolvency shall be filed against Tenant under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant under the reorganization provisions of the United States Bankruptcy Act or under the provisions of any law of like imports import, or whenever a petition shall be filed by Tenant under the arrangement provisions of the United States Bankruptcy Act or under the provisions of any law of like import, or whenever a permanent receiver of Tenant or of or for the property of Tenant shall be appointed, then Landlordthen, Landlord may, (a) at any time of after receipt of such notice of the occurrence of any such event, or (b) if such event occurs without the acquiescence of Tenant, at any time after the event continues for thirty (30) days, Landlord may give Tenant a notice of intention to end the term of this Lease at the expiration of five (5) days from the date of service of such notice of intention, and upon the expiration of said five (5) day period period, this Lease and the term and estate hereby granted, whether or not the term shall theretofore have commenced, shall terminate with the same effect as if that day were the Expiration Date, but Tenant shall remain liable for damages as provided in Article 2619.

Appears in 1 contract

Samples: Agreement of Lease (Dipexium Pharmaceuticals, Inc.)

CONDITIONS OF LIMITATION. 24.01. This Lease and the term Term and estate hereby granted are subject inter alia to the limitation that whenever Tenant shall make an assignment of the property of Tenant for the benefit of creditors, or shall file a voluntary petition under any bankruptcy or insolvency law, or an involuntary petition alleging an act of bankruptcy or insolvency shall be is filed against Tenant under any bankruptcy or insolvency lawTenant, or whenever a petition shall be filed by or against Tenant seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or any future federal bankruptcy act or any other present or future applicable federal, state or other statute or law, or shall seek or consent to or acquiesce in the reorganization provisions of the United States Bankruptcy Act or under the provisions appointment of any law trustee, receiver or liquidator of like imports Tenant or of all or any substantial part of its properties, or whenever a petition shall be filed by Tenant under the arrangement provisions of any law of like import, whenever a permanent or temporary receiver of Tenant or of or for the property of Tenant shall be appointed, then or if Tenant shall plead bankruptcy or insolvency as a defense in any action or proceeding then, Landlord, (aA) at any time of after receipt of notice of the occurrence of any such event, or (bB) if such event or act occurs without the acquiescence of Tenant, at any time after the event or act continues for thirty (30) days, Landlord may give Tenant a notice of intention to end the term of this Lease Term at the expiration of five (5) days from the date of service of such notice of intention, and upon the expiration of said five (5) day period this Lease and the term Term and estate hereby granted, whether or not the term Term shall theretofore have commenced, shall terminate with the same effect as if that day were the Expiration Date, but Tenant shall remain liable for damages as provided in Article 26.

Appears in 1 contract

Samples: RSL Communications PLC

CONDITIONS OF LIMITATION. 24.01. This Lease and the term Term and estate hereby granted are subject to the limitation that whenever Tenant shall make an assignment of the property of Tenant for the benefit of creditors, or shall file a voluntary petition under any bankruptcy or insolvency law, law or an any involuntary petition alleging an act of bankruptcy or insolvency shall be filed against Tenant under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant under the reorganization provisions of the United States Bankruptcy Act or under the provisions of any law of like imports import, or whenever a petition shall be filed by Tenant under the arrangement provisions of the United States Bankruptcy Act or under the provisions of any law of like import, or whenever a permanent receiver of Tenant or of or for the property of Tenant as the case may be, shall be appointed, then Landlordthen, Landlord may, (a) at any time of after receipt of notice of the occurrence of any such event, or (b) if such event occurs without the acquiescence of Tenant, at any time after the event continues for thirty (30) days, Landlord may give Tenant a notice of intention to end the term Term of this Lease at the expiration of five thirty (530) days from the date of service of such notice of intention, and upon the expiration of said five thirty (530) day period this Lease and the term Term and estate hereby granted, whether or not the term Term shall theretofore have commenced, shall terminate with the same effect as if that day were the Expiration Date, but Tenant shall remain liable for damages as provided in Article 26.

Appears in 1 contract

Samples: Bitdeer Technologies Group

CONDITIONS OF LIMITATION. 24.01. This Lease 25.01 To the extent permitted by applicable Legal Requirements, this Sublease and the term and estate hereby granted are subject to the limitation that whenever Tenant shall make an assignment of all or substantially all of the property of Tenant for the benefit of creditors, or shall file a voluntary petition under any bankruptcy or insolvency law, or an involuntary petition alleging an act of bankruptcy or insolvency shall be filed against Tenant under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant under the reorganization provisions of the United States Bankruptcy Act or under the provisions of any law of like imports import, or whenever a petition shall be filed by Tenant under the arrangement provisions of the United States Bankruptcy Act or under the provisions of any law of like import, or whenever a permanent receiver of Tenant or of or for the property of Tenant shall be appointed, then then, Landlord, (a) at any time of after receipt of notice of the occurrence of any such event, or (b) if such event occurs without the acquiescence of Tenant, at any time after the event continues unstayed for thirty ninety (3090) days, Landlord may give Tenant a notice of intention to end the term of this Lease Term at the expiration of five (5) days from the date of service of such notice of intention, and upon the expiration of said five (5) day period this Lease Sublease and the term and estate hereby granted, whether or not the term shall theretofore have commenced, shall terminate with the same effect as if that day were the Expiration Date, but Tenant shall remain liable for damages as provided in Article 2627.

Appears in 1 contract

Samples: Attornment Agreement (Jetblue Airways Corp)

CONDITIONS OF LIMITATION. 24.0116.01. This Lease and the term and estate hereby granted are subject to the limitation that whenever Tenant shall make an assignment of the property of Tenant for the benefit of creditors, or shall file a voluntary petition under any bankruptcy or insolvency law, law or an any involuntary petition alleging an act of bankruptcy or insolvency shall be filed against Tenant under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant under the reorganization provisions of the United States Bankruptcy Act or under the provisions of any law of like imports import, or whenever a petition shall be filed by Tenant under the arrangement provisions of the United States Bankruptcy Act or under the provisions of any law of like import, import or whenever a permanent receiver of Tenant or of or for the property of Tenant shall be appointed, then Landlordthen, Landlord may, (a) at any time of after receipt of such notice of the occurrence of any such event, or (b) if such event occurs without the acquiescence of Tenant, at any time after the event continues for thirty (30) days, Landlord may give Tenant a notice of intention to end the term of this Lease at the expiration of five (5) days from the date of service of such notice of intention, and upon the expiration of said five (5) day period period, this Lease and the term and estate hereby granted, whether or not the term shall theretofore have commenced, shall terminate with the same effect as if that day were the Expiration Date, but Tenant shall remain liable for damages as provided in Article 2618.

Appears in 1 contract

Samples: Interep National Radio Sales Inc

CONDITIONS OF LIMITATION. 24.01. This Lease 25.01 To the extent permitted by applicable law this lease and the term and estate hereby granted are subject to the limitation that whenever Tenant shall make an assignment of all or substantially all of the property of Tenant for the benefit of creditors, or shall file a voluntary petition under any bankruptcy or insolvency law, or an involuntary petition alleging an act of bankruptcy or insolvency shall be filed against Tenant under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant under the reorganization provisions of the United States Bankruptcy Act or under the provisions of any law of like imports import, or whenever a petition shall be filed by Tenant under the arrangement provisions of the United States Bankruptcy Act or under the provisions of any law of like import, or whenever a permanent receiver of Tenant or of or for the property of Tenant shall be appointed, then then, Landlord, (a) at any time of after receipt of notice of the occurrence of any such event, or (b) if such event occurs without the acquiescence of Tenant, at any time after the event continues unstayed for thirty one hundred and twenty (30120) days, Landlord may give Tenant a notice of intention to end the term of this Lease lease at the expiration of five (5) days from the date of service of such notice of intention, and upon the expiration of said five (5) day period this Lease lease and the term and estate hereby granted, whether or not the term shall theretofore have commenced, shall terminate with the same effect as if that day were the Expiration Date, but Tenant shall remain liable for damages as provided in Article 2627.

Appears in 1 contract

Samples: Lease (About Com Inc)

CONDITIONS OF LIMITATION. 24.0125.01. This Lease and the term and estate hereby granted are is subject to the limitation that whenever Tenant or any Guarantor (a) shall make an assignment of the property of Tenant for the benefit of creditors, or (b) shall file commence a voluntary petition case or have entered against it an order for relief under any bankruptcy or insolvency law, or an involuntary petition alleging an act chapter of bankruptcy or insolvency shall be filed against Tenant under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant under the reorganization provisions Federal Bankruptcy Code (Title 11 of the United States Bankruptcy Act Code) or any similar order or decree under any federal or state law, now in existence, or hereafter enacted having the provisions same general purpose, and such order or decree shall have not been stayed or vacated within 90 days after entry, or (c) shall cause, suffer, permit or consent to the appointment of a receiver, trustee, administrator, conservator, sequestrator, liquidator or similar official in any law federal, state or foreign judicial or nonjudicial proceeding, to hold, administer and/or liquidate all or substantially all of like imports its assets, and such appointment shall not have been revoked, terminated, stayed or whenever a petition shall be filed by Tenant under the arrangement provisions vacated and such official discharged of any law his duties within 90 days of like import, whenever a permanent receiver of Tenant or of or for the property of Tenant shall be appointed, his appointment then Landlord, (a) at any time of receipt of notice of after the occurrence of any such event, or (b) if such event occurs without the acquiescence of Tenant, at any time after the event continues for thirty (30) days, Landlord may give Tenant a notice of intention to end the term of this Lease Term at the expiration of five (5) days from the date of service of such notice of intention, and upon the expiration of said five (5) day period this Lease and the term and estate hereby grantedperiod, whether or not the term Term shall theretofore have commenced, this Lease shall terminate with the same effect as if that day were the Expiration Dateexpiration date of this Lease, but Tenant shall remain liable for damages as provided in Article 2627.

Appears in 1 contract

Samples: Switch & Data Facilities Company, Inc.

CONDITIONS OF LIMITATION. 24.01. 16.01 This Lease and the term and estate hereby granted are subject to the limitation that whenever Tenant shall make an assignment of the property of Tenant for the benefit of creditors, or shall file a voluntary petition under any bankruptcy or insolvency law, law or an any involuntary petition alleging an act of bankruptcy or insolvency shall be filed against Tenant under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant under the reorganization provisions of the United States Bankruptcy Act or under the provisions of any law of like imports import, or whenever a petition shall be filed by Tenant under the arrangement provisions of the United States Bankruptcy Act or under the provisions of any law of like import, or whenever a permanent receiver of Tenant or of or for the property of Tenant shall be appointed, then Landlordthen, Landlord may, (a) at any time of after receipt of notice of the occurrence of any such event, or (b) if such event occurs without the acquiescence of Tenant, at any time after the event continues for thirty (30) days, Landlord may give Tenant a notice of intention to end the term of this Lease at the expiration of five (5) days from the date of service of such notice of intention, and upon the expiration of said five (5) day period period, this Lease and the term and estate hereby granted, whether or not the term shall theretofore have commenced, shall terminate with the same effect as if that day were the Expiration Date, but Tenant shall remain liable for damages as provided in Article 2618.

Appears in 1 contract

Samples: Sublease Agreement (Eyetech Pharmaceuticals Inc)

CONDITIONS OF LIMITATION. 24.01. 20.01 This Lease and the term Term and estate hereby granted are subject inter alia to the limitation that whenever Tenant shall make an assignment of the property of Tenant for the benefit of creditors, or shall file a voluntary petition under any bankruptcy or insolvency law, or an involuntary petition alleging an act of bankruptcy or insolvency shall be is filed against Tenant under any bankruptcy or insolvency lawTenant, or whenever a petition shall be filed by or against Tenant seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or any future federal bankruptcy act or other present or future applicable federal, state or other statute or law, or shall seek or consent to or acquiesce in the reorganization provisions of the United States Bankruptcy Act or under the provisions appointment of any law trustee, receiver or liquidator of like imports Tenant or of all or any substantial part of its properties, or whenever a petition shall be filed by Tenant under the arrangement provisions of any law of like import, whenever a permanent or temporary receiver of Tenant or of of, or for for, the property of Tenant shall be appointed, then or if Tenant shall plead bankruptcy or insolvency as a defense in any action or proceeding, then, Landlord, (a) at any time of after receipt of notice of the occurrence of any such event, or (b) if such event occurs without the acquiescence of Tenant, at any time after the event continues for thirty (30) 45 days, Landlord may give Tenant a notice of intention to end the term of this Lease Term at the expiration of five (5) days from the date of service of such notice of intention, and upon the expiration of said five (5) day period this Lease and the term Term and estate hereby granted, whether or not the term Term shall theretofore have commenced, shall terminate with the same effect as if that day were the Expiration Date, but Tenant shall remain liable for damages as provided as in Article 2622.

Appears in 1 contract

Samples: Radiation Therapy Services Inc

CONDITIONS OF LIMITATION. 24.0124.1. This Lease and the term and estate hereby granted are subject to the limitation that (a) whenever Tenant or any Guarantor shall make an assignment of the property of Tenant for the benefit of creditors, creditors or shall file a voluntary petition under any bankruptcy or insolvency law, or (b) whenever an involuntary petition alleging an act of bankruptcy or insolvency shall be filed against Tenant under any bankruptcy or insolvency law, or whenever a petition shall be filed by or an involuntary proceeding shall be commenced against Tenant under the reorganization provisions of the United States Bankruptcy Act or under the provisions of any law of like imports Guarantor, or whenever a petition shall be filed by Tenant under the arrangement provisions of any law of like import, (c) whenever a permanent receiver of Tenant Tenant, Guarantor or of or for the property of Tenant or Guarantor, shall be appointed, then Landlord, Landlord (a) at any time of receipt of notice of the occurrence of any such event, or (bi) if such event occurs without the acquiescence of TenantTenant or Guarantor, as the case may be, at any time after the event continues for thirty one hundred twenty (30120) days, Landlord or (ii) in any other case at any time after the occurrence of such event, may give Tenant a notice of intention to end the term of this Lease Term at the expiration of five (5) days from the date of service of such notice of intention, and upon the expiration of said five (5) day period period, this Lease and the term Term and estate hereby granted, whether or not the term Term shall theretofore have commenced, shall terminate with the same effect as if that day were the Expiration DateDate of this Lease, but Tenant shall remain liable for damages as provided in Article 26. As used in this Section 24.1, the term "bankruptcy or insolvency law" shall include the reorganization or arrangement or compromise provisions thereof.

Appears in 1 contract

Samples: Agreement of Lease (Wellchoice Inc)

CONDITIONS OF LIMITATION. 24.0125.01. This Lease and the term and estate hereby granted are is subject to the limitation that whenever Tenant or any Guarantor (a) shall make an assignment of the property of Tenant for the benefit of creditors, or (b) shall file commence a voluntary petition case or have entered against it an order for relief under any bankruptcy or insolvency law, or an involuntary petition alleging an act chapter of bankruptcy or insolvency shall be filed against Tenant under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant under the reorganization provisions Federal Bankruptcy Code (Title 11 of the United States Bankruptcy Act Code) or any similar order or decree under any federal or state law, now in existence, or hereafter enacted having the provisions same general purpose, and such order or decree shall have not been stayed or vacated within 30 days after entry, or (c) shall cause, suffer, permit or consent to the appointment of a receiver, trustee, administrator, conservator, sequestrator, liquidator or similar official in any law federal, state or foreign judicial or nonjudicial proceeding, to hold, administer and/or liquidate all or substantially all of like imports its assets, and such appointment shall not have been revoked, terminated, stayed or whenever a petition shall be filed by Tenant under the arrangement provisions vacated and such official discharged of any law his duties within 30 days of like import, whenever a permanent receiver of Tenant or of or for the property of Tenant shall be appointed, his appointment then Landlord, (a) at any time of receipt of notice of after the occurrence of any such event, or (b) if such event occurs without the acquiescence of Tenant, at any time after the event continues for thirty (30) days, Landlord may give Tenant a notice of intention to end the term of this Lease Term at the expiration of five (5) days from the date of service of such notice of intention, and upon the expiration of said five (5) day period this Lease and the term and estate hereby grantedperiod, whether or not the term Term shall theretofore have commenced, this Lease shall terminate with the same effect as if that day were the Expiration Dateexpiration date of this Lease, but Tenant shall remain liable for damages as provided in Article 2627.

Appears in 1 contract

Samples: Childrens Place Retail Stores Inc

CONDITIONS OF LIMITATION. 24.01. This Lease 25.01 To the extent permitted by applicable law this lease and the term and estate hereby granted are subject to the limitation that whenever Tenant shall make an assignment of the property of Tenant for the benefit of creditors, or shall file a voluntary petition under any bankruptcy or insolvency law, or an involuntary petition alleging an act of bankruptcy or insolvency shall be filed against Tenant under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant under the reorganization provisions of the United States Bankruptcy Act or under the provisions of any law of like imports import, or whenever a petition shall be filed by Tenant under the arrangement provisions of the United States Bankruptcy Act or under the provisions of any law of like import, or whenever a permanent receiver of Tenant or of or for the property of Tenant shall be appointed, then then, Landlord, (a) at any time of after receipt of notice of the occurrence of any such event, or (b) if such event occurs without the acquiescence of Tenant, at any time after the event continues unstayed for thirty ninety (3090) days, Landlord may give Tenant a notice of intention to end the term of this Lease lease at the expiration of five (5) days from the date of service of such notice of intention, and upon the expiration of said five (5) day period this Lease lease and the term and estate hereby granted, whether or not the term shall theretofore have commenced, shall terminate with the same effect as if that day were the Expiration Date, but Tenant shall remain liable for damages as provided in Article 2627.

Appears in 1 contract

Samples: Lease (Ivillage Inc)

CONDITIONS OF LIMITATION. 24.01. 16.(a) This Lease and the term Term and estate hereby granted are subject to the limitation that whenever Tenant shall be unable to pay its debts generally as they become due, or shall make an assignment of the property of Tenant for the benefit of creditors, or shall consent to, or acquiesce in, the appointment of a liquidator, receiver, trustee, or other custodian of itself or the whole or any part of its properties or assets, or shall commence a voluntary case for relief under the United States Bankruptcy Code or file a voluntary petition or take advantage of any bankruptcy or insolvency act or applicable law of like import, or whenever an involuntary case under the United States Bankruptcy Code shall be commenced against Tenant or if a petition shall be filed against it seeking similar relief under any bankruptcy or insolvency law, or an involuntary petition alleging an act of bankruptcy or insolvency shall be filed against Tenant under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant under the reorganization provisions of the United States Bankruptcy Act or under the provisions of any law of like imports or whenever a petition shall be filed by Tenant under the arrangement provisions of any other applicable law of like import, or whenever a permanent receiver receiver, liquidator, trustee, or other custodian of Tenant or of or for substantially all of the property of Tenant shall be appointedappointed without Tenant's consent or acquiescence, then Landlordthen, (a) at any time of after receipt of notice of the occurrence of any such event, or (b) if such event occurs without the acquiescence of Tenant, at any time after the event continues for thirty (30) 120 days, Landlord may give Tenant a notice of intention to end the term of this Lease Term at the expiration of five (5) days from the date of service of such notice of intention, and upon the expiration of said five (5) day period period, this Lease and the term Term and estate hereby granted, whether or not the term Term shall theretofore have commenced, shall terminate with the same effect as if that day were the Expiration Date, but Tenant shall remain liable for damages as provided in Article 2618.

Appears in 1 contract

Samples: Agreement of Lease (Gt Interactive Software Corp)

CONDITIONS OF LIMITATION. 24.01. 25.01 (A) This Lease and the term and estate hereby granted are subject subject, inter alia, to the limitation that whenever Tenant shall make an assignment of the property of Tenant for the benefit of creditors, or shall file a voluntary petition under any bankruptcy or insolvency law, or an involuntary petition alleging an act of bankruptcy or insolvency shall be is filed against Tenant under any bankruptcy or insolvency lawTenant, or whenever a petition shall be filed by or against Tenant seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or any future federal bankruptcy act or any other present or future applicable federal, state or other statute or law, or shall seek or consent to or acquiesce in the reorganization provisions of the United States Bankruptcy Act or under the provisions appointment of any law trustee, receiver or liquidator of like imports Tenant or of all or any substantial part of its properties, or whenever a petition shall be filed by Tenant under the arrangement provisions of any law of like import, whenever a permanent or temporary receiver of Tenant or of or for the property of Tenant shall be appointed, then Landlordor if Tenant shall plead bankruptcy or insolvency as a defense in any action or proceeding, then, Landlord (a) at any time of after receipt of notice of the occurrence of any such event, or (b) if such event occurs without the acquiescence of Tenant, at any time after the event continues for thirty (30) 60 days, Landlord may give Tenant a notice of intention to end the term of this Lease at the expiration of five (5) days from the date of service of such notice of intention, and upon the expiration of said five (5) day period this Lease and the term and estate hereby granted, whether or not the term shall theretofore have commenced, shall terminate with the same effect as if that day were the Expiration Date, but Tenant shall remain liable for damages as provided in Article 2627.

Appears in 1 contract

Samples: Lease (Clarus Corp)

CONDITIONS OF LIMITATION. 24.01. This Lease 25.01 To the extent permitted by applicable law this lease and the term and estate hereby granted are subject to the limitation that whenever Tenant shall make an assignment of the property of Tenant for the benefit of creditors, or shall file a voluntary petition under any bankruptcy or insolvency law, or an involuntary petition alleging an act of bankruptcy or insolvency shall be filed against Tenant under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant under the reorganization provisions of the United States Bankruptcy Act or under the provisions of any law of like imports import, or whenever a petition shall be filed by Tenant under the arrangement provisions of the United States Bankruptcy Act or under the provisions of any law of like import, or whenever a permanent receiver of Tenant or of or for the property of Tenant shall be appointed, then then, Landlord, (a) at any time of after receipt of notice of the occurrence of any such event, or (b) if such event occurs without the acquiescence of Tenant, at any time after the event continues unstayed for thirty one hundred twenty (30120) days, Landlord may give Tenant a notice of intention to end the term of this Lease lease at the expiration of five (5) days from the date of service of such notice of intention, and upon the expiration of said five (5) day period this Lease lease and the term and estate hereby granted, whether or not the term shall theretofore have commenced, shall terminate with the same effect as if that day were the Expiration Date, but Tenant shall remain liable for damages as provided in Article 2627.

Appears in 1 contract

Samples: Bolt Inc

CONDITIONS OF LIMITATION. 24.01. This Section 17.01 To the extent permitted by applicable law this Lease and the term and estate hereby granted are subject to the limitation that whenever Tenant shall make an assignment of the property of Tenant for the benefit of creditors, or shall file a voluntary petition under any bankruptcy or insolvency law, or an involuntary petition alleging an act of bankruptcy or insolvency shall be filed against Tenant under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant under the reorganization provisions of the United States Bankruptcy Act or under the provisions of any law of like imports import, or whenever a petition shall be filed by Tenant under the arrangement provisions of the United States Bankruptcy Act or under the provisions of any law of like import, or whenever a permanent receiver of Tenant or of or for the property of Tenant shall be appointed, then then, Landlord, (a) at any time of after receipt of notice of the occurrence of any such event, or (b) if such event occurs without the acquiescence of Tenant, at any time after the event continues for thirty ninety (3090) days, days Landlord may give Tenant a notice of intention to end the term of this Lease at the expiration of five (5) days from the date of service of such notice of intention, and upon the expiration of said five (5) day period this Lease and the term and estate hereby granted, whether or not the term shall theretofore have commenced, shall terminate with the same effect as if that day were the Expiration Date, but Tenant shall remain liable for damages as provided in Article 2618.

Appears in 1 contract

Samples: Lease (Paulson Capital Corp)

CONDITIONS OF LIMITATION. 24.01. 25.01 This Lease and the term and estate hereby granted are subject inter alia to the limitation that whenever Tenant shall make an assignment of the property of Tenant for the benefit of creditors, or shall file a voluntary petition under any bankruptcy or insolvency law, or an involuntary petition alleging an act of bankruptcy or insolvency shall be is filed against Tenant under any bankruptcy or insolvency lawTenant, or whenever a petition shall be filed by or against Tenant seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or any future federal bankruptcy act or any other present or future applicable federal, state or other statute or law, or shall seek or consent to or acquiesce in the reorganization provisions of the United States Bankruptcy Act or under the provisions appointment of any law trustee, receiver or liquidator of like imports Tenant or of all or any substantial part of its properties, or whenever a petition shall be filed by Tenant under the arrangement provisions of any law of like import, whenever a permanent or temporary receiver of Tenant or of of, or for for, the property of Tenant shall be appointed, then or if Tenant shall plead bankruptcy or insolvency as a defense in any action or proceeding, then, Landlord, (a) at any time of after receipt of notice of the occurrence of any such event, or (b) if such event occurs without the acquiescence of Tenant, at any time after the event continues for thirty sixty (3060) days, Landlord may give Tenant a notice of intention to end the term of this Lease Term at the expiration of five (5) days from the date of service of such notice of intention, and upon the expiration of said five (5) day period this period, the Lease and the term Term and estate hereby granted, whether or not the term Term shall theretofore have commenced, shall terminate with the same effect as if that day were the Expiration Date, but Tenant shall remain liable for damages as provided as in Article 2627.

Appears in 1 contract

Samples: Office Lease (Threshold Pharmaceuticals Inc)

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CONDITIONS OF LIMITATION. 24.01. 16.01 This Lease and the term and estate hereby granted are subject to the limitation that whenever Tenant shall make an assignment of the property of Tenant for the benefit of creditors, or shall file a voluntary petition under any bankruptcy or insolvency law, law or an any involuntary petition alleging an act of bankruptcy or insolvency shall be filed against Tenant under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant under the reorganization provisions of the United States Bankruptcy Act or under the provisions of any law of like imports import, or whenever a petition shall be filed by Tenant under the arrangement provisions of the United States Bankruptcy Act or under the provisions of any law of like import, or whenever a permanent receiver of Tenant or of or for the property of Tenant shall be appointed, then Landlordthen, Landlord may, (a) at any time of after receipt of notice of the occurrence of any such event, or (b) if such event occurs without the acquiescence of Tenant, at any time after the event continues for thirty sixty (3060) days, Landlord may give Tenant a notice of intention to end the term of this Lease at the expiration of five (5) days from the date of service of such notice of intention, and upon the expiration of said five (5) day period period, this Lease and the term and estate hereby granted, whether or not the term shall theretofore have commenced, shall terminate with the same effect as if that day were the Expiration Date, but Tenant shall remain liable for damages as provided in Article 2618.

Appears in 1 contract

Samples: Agreement of Lease (THCG Inc)

CONDITIONS OF LIMITATION. 24.0122.01. This Lease lease and the term and estate hereby granted are subject to the limitation that whenever Tenant shall make an a general assignment of the property of Tenant for the benefit of creditors, or shall file a voluntary petition under any bankruptcy or insolvency law, or an involuntary petition alleging an act of bankruptcy or insolvency shall be filed against Tenant under any bankruptcy or insolvency lawlaw (and such petition shall not be dismissed within 120 days after its filing), or whenever a petition shall be filed by or against (and if against, such petition shall not be dismissed within 120 days after its filing) Tenant under the reorganization provisions of the United States Bankruptcy Act Code or under the provisions of any law of like imports import, or whenever a petition shall be filed by Tenant Tenant, under the arrangement provisions of the United States Bankruptcy Code or under the provisions of any law of like import, or whenever a permanent receiver of Tenant Tenant, or of or for the property of Tenant Tenant, shall be appointedappointed and not removed after a period of 120 days, then Landlord, (a) at any time of receipt of notice of after the occurrence of any such event, or (b) if such event occurs without the acquiescence of Tenant, at any time after the event continues for thirty (30) days, Landlord may give Tenant a notice of intention to end the term of this Lease lease at the expiration of five (5) days from the date of service of such -124- 129 notice of intention, and upon the expiration of said five (5) five-day period this Lease lease and the term and estate hereby granted, whether or not the term shall theretofore have commenced, shall terminate with the same effect as if that day were the Expiration Dateexpiration date of this lease, but Tenant shall remain liable for damages as provided in Article 2624.

Appears in 1 contract

Samples: Lease (Goldman Sachs Group Inc)

CONDITIONS OF LIMITATION. 24.01. This Lease and the term and estate hereby granted are subject to the limitation that whenever Tenant shall make an assignment of the property of Tenant for the benefit of creditors, or shall file a voluntary petition under any bankruptcy or insolvency law, or an involuntary petition alleging an act of bankruptcy or insolvency shall be filed against Tenant under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant under the reorganization provisions of the United States Bankruptcy Act or under the provisions of any law of like imports or whenever a petition shall be filed by Tenant under the arrangement provisions of any law of like import, whenever a permanent receiver of Tenant or of or for the property of Tenant shall be appointed, then Landlord, (a) at any time of receipt of notice of the occurrence of any such event, or (b) if such event occurs without the acquiescence of Tenant, at any time after the event continues for thirty ninety (3090) days, Landlord may give Tenant a notice of intention to end the term of this Lease at the expiration of five (5) days from the date of service of such notice of intention, and upon the expiration of said five (5) day period this Lease and the term and estate hereby granted, whether or not the term shall theretofore have commenced, shall terminate with the same effect as if that day were the Expiration Date, but Tenant shall remain liable for damages as provided in Article 26.

Appears in 1 contract

Samples: Lease Agreement (Globespan Inc/De)

CONDITIONS OF LIMITATION. 24.01. This Lease 25.01 To the extent permitted by applicable law, this lease, and the term and estate hereby granted granted, are subject to the limitation that that, whenever Tenant shall be unable to pay its debts generally as they become due, or shall make an assignment of the property of Tenant for the benefit of creditors, or shall consent to, or acquiesce in, the appointment of a liquidator receiver, trustee, or other custodian of itself or the whole or any part of its properties or assets, or shall commence a voluntary case for relief under the United States Bankruptcy Code or file a voluntary petition or take advantage of any bankruptcy or insolvency act or applicable law of like import, or whenever an involuntary case under the United States Bankruptcy Code shall be commenced against Tenant, or if a petition shall be filed against it seeking similar relief under any bankruptcy or insolvency law, or an involuntary petition alleging an act of bankruptcy or insolvency shall be filed against Tenant under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant under the reorganization provisions of the United States Bankruptcy Act or under the provisions of any law of like imports or whenever a petition shall be filed by Tenant under the arrangement provisions of any other applicable law of like import, or whenever a permanent receiver receiver, liquidator, trustee, or other custodian of Tenant Tenant, or of, or for, substantially all of or for the property of of, Tenant shall be appointedappointed without Tenant's consent or acquiescence, then Landlordthen, Landlord (a) at any time of after receipt of notice of the occurrence of any such event, or (b) if such event occurs without the acquiescence of Tenant, at any time after the event continues for thirty one hundred twenty (30120) days, Landlord may give Tenant a notice of intention to end the term of this Lease lease at the expiration of five (5) days from the date of service of such notice of intention, and and, upon the expiration of said five (5) day period period, this Lease lease and the term and estate hereby granted, whether or not the term shall theretofore have commenced, shall terminate with the same effect as if that day were the initial Term Expiration Date, but Tenant shall remain liable for damages as provided in Article 2627. As used in this Section 25.01, the term "Tenant" shall mean the then owner and holder of the interest and estate of the tenant under this lease.

Appears in 1 contract

Samples: Novadigm Inc

CONDITIONS OF LIMITATION. 24.01. 16.01 This Lease and the term and estate hereby granted are subject to the limitation that whenever Tenant shall make an assignment of the property of Tenant for the benefit of creditors, or shall file a voluntary petition under any bankruptcy or insolvency law, law or an any involuntary petition alleging an act of bankruptcy or insolvency shall be filed against Tenant under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant under the reorganization provisions of the United States Bankruptcy Act or under the provisions of any law of like imports import, or whenever a petition shall be filed by Tenant under the arrangement provisions of the United States Bankruptcy Act or under the provisions of any law of like import, or whenever a permanent receiver of Tenant or of or for the property of Tenant shall be appointed, then Landlordthen, Landlord may, (a) at any time of after receipt of such notice of the occurrence of any such event, or (b) if such event occurs without the acquiescence of Tenant, at any time after the event continues for thirty ninety (3090) days, Landlord may give Tenant a notice of intention to end the term of this Lease at the expiration of five (5) days from the date of service of such notice of intention, and upon the expiration of said five (5) day period period, this Lease and the term and estate hereby granted, whether or not the term shall theretofore have commenced, shall terminate with the same effect as if that day were the Expiration Date, but Tenant shall remain liable for damages as provided in Article 2618 hereof.

Appears in 1 contract

Samples: Agreement of Lease (Varonis Systems Inc)

CONDITIONS OF LIMITATION. 24.01. This Lease lease and the term and estate hereby granted are subject to the limitation that whenever Tenant shall make an assignment of the property of Tenant for the benefit of creditors, or shall file a voluntary petition under any bankruptcy or insolvency law, or an involuntary petition alleging an act of bankruptcy or insolvency shall be filed against Tenant under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant under the reorganization provisions of the United States Bankruptcy Act or under the provisions of any law of like imports import, or whenever a petition shall be filed by Tenant under the arrangement provisions of the United States Bankruptcy Act or under the provisions of any law of like import, or whenever a permanent receiver of Tenant or of or for the property of Tenant shall be appointed, then Landlord, (a) at any time of after receipt of notice of the occurrence of any such event, or (b) if such event occurs without the acquiescence of Tenant, at any time after the event continues for thirty (30) days, Landlord may give Tenant a notice of intention to end the term of this Lease at the expiration of five (5) days from the date of service of such notice of intention, and upon the expiration of said five (5) day period this Lease and the term and estate hereby granted, whether or not the term shall theretofore have commenced, shall terminate with the same effect as if that day were the Expiration Date, but Tenant shall remain liable for damages as provided in Article 26.

Appears in 1 contract

Samples: Barringer Technologies Inc

CONDITIONS OF LIMITATION. 24.01. This Lease 25.01 To the extent permitted by applicable law this lease and the term and estate hereby granted are subject to the limitation that whenever Tenant shall make an assignment of all or substantially all of the property of Tenant for the benefit of creditors, or shall file a voluntary petition under any bankruptcy or insolvency law, or an involuntary petition alleging an act of bankruptcy or insolvency shall be filed against Tenant under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant under the reorganization provisions of the United States Bankruptcy Act or under the provisions of any law of like imports import, or whenever a petition shall be filed by Tenant under the arrangement provisions of the United States Bankruptcy Act or under the provisions of any law of like import, or whenever a permanent receiver of Tenant or of or for the property of Tenant shall be appointed, then then, Landlord, (a) at any time of after receipt of notice of the occurrence of any such event, or (b) if such event occurs without the acquiescence of Tenant, at any time after the event continues unstayed for thirty one hundred twenty (30120) days, Landlord may give Tenant a notice of intention to end the term of this Lease lease at the expiration of five (5) days from the date of service of such notice of intention, and upon the expiration of said five (5) day period this Lease lease and the term and estate hereby granted, whether or not the term shall theretofore have commenced, shall terminate with the same effect as if that day were the Expiration Date, but Tenant shall remain liable for damages as provided in Article 2627.

Appears in 1 contract

Samples: Promotions Com Inc

CONDITIONS OF LIMITATION. 24.01. This Section 17.01 To the extent permitted by applicable law this Lease and the term and estate hereby granted are subject to the limitation that whenever Tenant shall make an assignment of the property of Tenant for the benefit of creditors, or shall file a voluntary petition under any bankruptcy or insolvency law, or an involuntary petition alleging an act of bankruptcy or insolvency shall be filed against Tenant under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant under the reorganization provisions of the United States Bankruptcy Act or under the provisions of any law of like imports import, or whenever a petition shall be filed by Tenant under the arrangement provisions of the United States Bankruptcy Act or under the provisions of any law of like import, or whenever a permanent receiver of Tenant or of or for the property of Tenant shall be appointed, then provided that any such case is not dismissed, discharged or denied within one hundred twenty (120) days of the filing thereof, then, Landlord, (a) at any time of after receipt of notice of the occurrence of any such event, or (b) if such event occurs without the acquiescence of Tenant, at any time after the event continues for thirty ninety (3090) days, days Landlord may give Tenant a notice of intention to end the term of this Lease at the expiration of five (5) days from the date of service of such notice of intention, and upon the expiration of said five (5) day period this Lease and the term and estate hereby granted, whether or not the term shall theretofore have commenced, shall terminate with the same effect as if that day were the Expiration Date, but Tenant shall remain liable for damages as provided in Article 2618.

Appears in 1 contract

Samples: Lease (Vringo Inc)

CONDITIONS OF LIMITATION. 24.0122.01. This Lease lease and the term and estate hereby granted are subject to the limitation that whenever Tenant shall make an assignment of the property of Tenant for the benefit of creditors, or shall file a voluntary petition under any bankruptcy or insolvency law, or an involuntary petition alleging an act of bankruptcy or insolvency shall be filed against Tenant under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant under the reorganization provisions of the United States Bankruptcy Act Code (herein called the “Bankruptcy Code”) or under the provisions of any law of like imports import, or whenever a petition shall be filed by Tenant under the arrangement provisions of the Bankruptcy Code or under the provisions of any law of like import, or whenever a permanent receiver of Tenant or of or for the property of Tenant shall be appointed, then Landlord, Landlord (a) at any time of receipt of notice of the occurrence of any such event, or (b) if such event occurs without the acquiescence of Tenant, Tenant at any time after the event continues for thirty one hundred eighty (30180) days, or (b) in any other case at any time after such event continues for sixty (60) days after written notice thereof has been given by Landlord to Tenant, may give Tenant a notice of intention to end the term of this Lease Term at the expiration of five ten (510) days from the date of service of such notice of intentionintention to Tenant, and upon the expiration of said five ten (510) day period this Lease lease and the term and estate hereby granted, whether or not the term shall theretofore have commenced, shall terminate with the same effect as if that day were the Expiration Dateexpiration date of this lease, but Tenant shall remain liable for damages as provided in Article 2624.

Appears in 1 contract

Samples: Agreement (Citigroup Inc)

CONDITIONS OF LIMITATION. 24.01. 25.1 This Lease and the term and estate hereby granted are subject to the limitation that whenever Tenant shall make an assignment of the property of Tenant for the benefit of creditors, or shall file a voluntary petition under any bankruptcy or insolvency law, law or an any involuntary petition alleging an act of bankruptcy or insolvency shall be filed against Tenant under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant under the reorganization provisions of any law of like import, or whenever a petition shall be filed by Tenant under the arrangement provisions of the United States Bankruptcy Act or under the provisions of any law of like imports or whenever a petition shall be filed by Tenant under the arrangement provisions of any law of like import, or whenever a permanent receiver of Tenant or of or for the property of Tenant shall be appointed, then Landlordthen, Landlord may, (a) at any time of after receipt of notice of the occurrence of any such event, or (b) if such event occurs without the acquiescence of Tenant, at any time after the event continues for thirty (30) days, Landlord may give Tenant a notice of intention to end the term of this Lease at the expiration of five ten (510) days from the date of service of such notice of intention, and upon the expiration of said five ten (510) day period this Lease and the term and estate hereby granted, whether or not the term shall theretofore have commenced, shall terminate with the same effect as if that day were the Expiration Date, but Tenant shall remain liable for damages as provided in Article 2627.

Appears in 1 contract

Samples: Merit Behavioral Care Corp

CONDITIONS OF LIMITATION. 24.0125.01. This Lease and the term and estate hereby granted are subject inter alia to the limitation that whenever Tenant shall make an assignment of the property of Tenant for the benefit of creditors, or shall file a voluntary petition under any bankruptcy or insolvency law, or an involuntary petition alleging an act of bankruptcy or insolvency shall be is filed against Tenant under any bankruptcy or insolvency lawTenant, or whenever a petition shall be filed by or against Tenant seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or any future federal bankruptcy code or any other present or future applicable federal, state or other statute or law, or shall seek or consent to or acquiesce in the reorganization provisions of the United States Bankruptcy Act or under the provisions appointment of any law trustee, receiver or liquidator of like imports Tenant or of all or any substantial part of its properties, or whenever a petition shall be filed by Tenant under the arrangement provisions of any law of like import, whenever a permanent or temporary receiver of Tenant or of or for the property of Tenant shall be appointed, then or if Tenant shall plead bankruptcy or insolvency as a defense in any action or proceeding, then, Landlord, (a) at any time of after receipt of notice of the occurrence of any such event, or (b) if such event occurs without the acquiescence of Tenant, at any time after the event continues for thirty (30) 60 days, Landlord may give Tenant a notice of intention to end the term of this Lease at the expiration of five ten (510) days from the date of service of such notice of intention, and upon the expiration of said five ten (510) day period this Lease and the term and estate hereby granted, whether or not the term shall theretofore have commenced, shall terminate with the same effect as if that day were the Expiration Date, but Tenant shall remain liable for damages as provided in Article 2627.

Appears in 1 contract

Samples: Lease (Clean Diesel Technologies Inc)

CONDITIONS OF LIMITATION. 24.01. 25.01 This Lease and the term and estate hereby granted are subject to the limitation that whenever Tenant shall make an assignment of the property of Tenant for the benefit of creditors, or shall file a voluntary petition under any bankruptcy or insolvency law, law or an any involuntary petition alleging an act of bankruptcy or insolvency shall be filed against Tenant under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant under the reorganization provisions of the United States Bankruptcy Act Code or under the provisions of any law of like imports import, or whenever a petition shall be filed by Tenant under the arrangement provisions of the United States Bankruptcy Code or under the provisions of any law of like import, or whenever a permanent receiver of Tenant or of or for the property of Tenant shall be appointed, then Landlordthen, Landlord may (a) ), at any time of after receipt of notice of the occurrence of any such event, or (b) if such event occurs without the acquiescence of Tenant, at any time after the event continues for thirty ninety (3090) days, Landlord may give Tenant a notice of intention to end the term of this Lease at the expiration of five thirty (530) days from the date of service of such notice of intention, and upon the expiration of said five thirty (530) day period this Lease and the term and estate hereby granted, whether or not the term shall theretofore have commenced, shall terminate with the same effect as if that day were the Expiration Date, but Tenant shall remain liable for damages as provided in Article 2627, For purposes of this Section 25.01, the term “Tenant” shall include any guarantor of this Lease.

Appears in 1 contract

Samples: Lease (Tangoe Inc)

CONDITIONS OF LIMITATION. 24.0122.01. This Lease lease and the term and estate hereby granted are subject to the limitation that whenever Tenant shall make an a general assignment of the property of Tenant for the benefit of creditors, or shall file a voluntary petition under any bankruptcy or insolvency law, or an involuntary petition alleging an act of bankruptcy or insolvency shall be filed against Tenant under any bankruptcy or insolvency lawlaw (and such petition shall not be dismissed within 120 days after its filing), or whenever a petition shall be filed by or against (and if against, such petition shall not be dismissed within 120 days after its filing) Tenant under the reorganization provisions of the United States Bankruptcy Act Code or under the provisions of any law of like imports import, or whenever a petition shall be filed by Tenant Tenant, under the arrangement provisions of the United States Bankruptcy Code or under the provisions of any law of like import, or whenever a permanent receiver of Tenant Tenant, or of or for the property of Tenant Tenant, shall be appointedappointed and not removed after a period of 120 days, then Landlord, (a) at any time of receipt of notice of after the occurrence of any such event, or (b) if such event occurs without the acquiescence of Tenant, at any time after the event continues for thirty (30) days, Landlord may give Tenant a notice of intention to end the term of this Lease lease at the expiration of five (5) days from the date of service of such notice of intention, and upon the expiration of said five (5) five-day period this Lease lease and the term and estate hereby granted, whether or not the term shall theretofore have commenced, shall terminate with the same effect as if that day were the Expiration Dateexpiration date of this lease, but Tenant shall remain liable for damages as provided in Article 2624.

Appears in 1 contract

Samples: Lease (Global Decisions Group LLC)

CONDITIONS OF LIMITATION. 24.01. This Lease 25.01 To the extent permitted by applicable law this lease and the term and estate hereby granted are subject to the limitation that whenever Tenant shall make an assignment of the property of Tenant for the benefit of creditors, or shall file a voluntary petition under any bankruptcy or insolvency law, or an involuntary petition alleging an act of bankruptcy or insolvency shall be filed against Tenant under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant under the reorganization provisions of the United States Bankruptcy Act or under the provisions of any law of like imports import, or whenever a petition shall be filed by Tenant under the arrangement provisions of the United States Bankruptcy Act or under the provisions of any law of like import, or whenever a permanent receiver of Tenant or of or for the property of Tenant shall be appointed, then then, Landlord, (a) if such event occurs with the acquiescence of Tenant, at any time of after receipt of notice of the occurrence of any such event, or (b) if such event occurs without the acquiescence of Tenant, at any time after the event continues for thirty one hundred twenty (30120) days, Landlord may give Tenant a notice of intention to end the term of this Lease lease at the expiration of five (5) days from the date of service of such notice of intention, and upon the expiration of said five (5) day period this Lease lease and the term and estate hereby granted, whether or not the term shall theretofore have commenced, shall terminate with the same effect as if that day were the Expiration Date, but Tenant shall remain liable for damages as provided in Article 2627.

Appears in 1 contract

Samples: Lease (Philipp Brothers Chemicals Inc)

CONDITIONS OF LIMITATION. 24.01. This Lease 25.01 To the extent permitted by applicable law this lease and the term and estate hereby granted are subject to the limitation that whenever Tenant shall make an assignment of the property of Tenant for the benefit of creditors, or shall file a voluntary petition under any bankruptcy or insolvency law, or an involuntary petition alleging an act of bankruptcy or insolvency shall be filed against Tenant under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant under the reorganization provisions of the United States Bankruptcy Act or under the provisions of any law of like imports import, or whenever a petition shall be filed by Tenant under the arrangement provisions of the United States Bankruptcy Act or under the provisions of any law of like import, or whenever a permanent receiver of Tenant or of or for the property of Tenant shall be appointed, then then, Landlord, (a) at any time of after receipt of notice of the occurrence of any such event, or (b) if such event occurs without the acquiescence of Tenant, at any time after the event continues for thirty one hundred twenty (30120) days, Landlord may give Tenant a notice of intention to end the term of this Lease lease at the expiration of five (5) days from the date of service of such notice of intention, and upon the expiration of said five (5) day period this Lease lease and the term and estate hereby granted, whether or not the term shall theretofore have commenced, shall terminate with the same effect as if that day were the Expiration Date, but Tenant shall remain liable for damages as provided in Article 2627.

Appears in 1 contract

Samples: Original Number (Credit Suisse First Boston Usa Inc)

CONDITIONS OF LIMITATION. 24.01. This Lease and the term Term and estate hereby granted are subject to the limitation that whenever Tenant shall make an assignment of the property of Tenant for the benefit of creditors, or shall file a voluntary petition under any bankruptcy or insolvency law, or an involuntary petition alleging an act of bankruptcy or insolvency shall be filed against Tenant under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant under the reorganization provisions of the United States Bankruptcy Act or under the provisions of any law of like imports or whenever a petition shall be filed by Tenant under the arrangement provisions of any law of like import, whenever a permanent receiver of Tenant or of or for the property of Tenant shall be appointed, then Landlord, (a) at any time of receipt of notice of the occurrence of any such event, or (b) if such event occurs without the acquiescence of Tenant, at any time after the event continues for thirty sixty (3060) days, Landlord may give Tenant a notice of intention to end the term Term of this Lease at the expiration of five (5) days from the date of service of such notice of intention, and upon the expiration of said five (5) day period this Lease and the term Term and estate hereby granted, whether or not the term Term shall theretofore have commenced, shall terminate with the same effect as if that day were the Expiration Date, but Tenant shall remain liable for damages as provided in Article 26.

Appears in 1 contract

Samples: Lease Agreement (Ikanos Communications)

CONDITIONS OF LIMITATION. 24.0127.01. This Lease and the term and estate hereby granted are is subject to the limitation that whenever Tenant or any Guarantor (a) shall make an assignment of the property of Tenant for the benefit of creditors, or (b) shall file commence a voluntary petition case or have entered against it an order for relief under any bankruptcy or insolvency law, or an involuntary petition alleging an act chapter of bankruptcy or insolvency shall be filed against Tenant under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant under the reorganization provisions Federal Bankruptcy Code (Title II of the United States Bankruptcy Act Code) or any similar order or decree under any federal or state law, now in existence, or hereafter enacted having the provisions same general purpose, and such order or decree shall have not been stayed or vacated within 30 days after entry, or (c) shall cause, suffer, permit or consent to the appointment of a receiver, trustee, administrator, conservator, sequestrator, liquidator or similar official in any law federal, state or foreign judicial or nonjudicial proceeding, to hold, administer and/or liquidate all or substantially all of like imports its assets, and such appointment shall not have been revoked, terminated, stayed or whenever a petition shall be filed by Tenant under the arrangement provisions vacated and such official discharged of any law his duties within 30 days of like import, whenever a permanent receiver of Tenant or of or for the property of Tenant shall be appointedhis appointment, then Landlord, (a) at any time of receipt of notice of after the occurrence of any such event, or (b) if such event occurs without the acquiescence of Tenant, at any time after the event continues for thirty (30) days, Landlord may give Tenant a notice of intention to end the term of this Lease Term at the expiration of five (5) days from the date of service of such notice of intention, and upon the expiration of said five (5) day period this Lease and the term and estate hereby grantedperiod, whether or not the term Term shall theretofore have commenced, this Lease shall terminate with the same effect as if that day were the Expiration Dateexpiration date of this Lease, but Tenant shall remain liable for damages as provided in Article 2629.

Appears in 1 contract

Samples: Office Lease (Audible Inc)

CONDITIONS OF LIMITATION. 24.01. This Subject to applicable bankruptcy laws, this Lease and the term and estate hereby granted are subject to the limitation that whenever Tenant shall make an assignment of the property of Tenant for the benefit of creditors, or shall file a voluntary petition under any bankruptcy or insolvency law, or an involuntary petition alleging an act of bankruptcy or insolvency shall be filed against Tenant under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant under the reorganization provisions of the United States Bankruptcy Act or under the provisions of any law of like imports or whenever a petition shall be filed by Tenant under the arrangement provisions of any law of like import, whenever a permanent receiver of Tenant or of or for the property of Tenant shall be appointed, then Landlord, (a) at any time of receipt of notice of the occurrence of any such event, or (b) if such event occurs without the acquiescence of Tenant, at any time after the event continues for thirty (30) days, Landlord may give Tenant a notice of intention to end the term of this Lease at the expiration of five (5) days from the date of service of such notice of intention, and upon the expiration of said five (5) day period this Lease and the term and estate hereby granted, whether or not the term shall theretofore have commenced, shall terminate with the same effect as if that day were the Expiration Date, but Tenant shall remain liable for damages as provided in Article 26.

Appears in 1 contract

Samples: Intelligroup Inc

CONDITIONS OF LIMITATION. 24.01. 16.01 This Lease lease and the term and estate hereby granted are subject to the limitation that whenever Tenant shall make an assignment of the property of Tenant for the benefit of creditors, or shall file a voluntary petition under any bankruptcy or insolvency law, law or an any involuntary petition alleging an act of bankruptcy or insolvency shall be filed against Tenant under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant under the reorganization provisions of the United States Bankruptcy Act or under the provisions of any law of like imports import, or whenever a petition shall be filed by Tenant under the arrangement provisions of the United States Bankruptcy Act or under the provisions of any law of like import, or whenever a permanent receiver of Tenant or of or for the property of Tenant shall be appointed, then Landlordthen, Landlord may, (a) at any time of after receipt of notice of the occurrence of any such event, or (b) if such event occurs without the acquiescence of Tenant, at any time after the event continues for thirty sixty (3060) days, Landlord may give Tenant a notice of intention to end the term of this Lease lease at the expiration of five (5) days from the date of service of such notice of intention, and upon the expiration of said five (5) day period period, this Lease lease and the term and estate hereby granted, whether or not the term shall theretofore have commenced, shall terminate with the same effect as if that day were the Expiration Date, but Tenant shall remain liable for damages as provided in Article 2618.

Appears in 1 contract

Samples: Innovo Group Inc

CONDITIONS OF LIMITATION. 24.01. 25.01 This Lease and the term and estate hereby granted are subject subject, inter alia, to the limitation that whenever Tenant shall make an assignment of the property of Tenant for the benefit of creditors, or shall file a voluntary petition under any bankruptcy or insolvency law, or an involuntary petition alleging an act of bankruptcy or insolvency shall be is filed against Tenant under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or any future federal bankruptcy act or any other present or future applicable federal, state or other statute or law, or shall seek or consent to or acquiesce in the reorganization provisions of the United States Bankruptcy Act or under the provisions appointment of any law trustee, receiver or liquidator of like imports Tenant or of all or any substantial part of its properties, or whenever a petition shall be filed by Tenant under the arrangement provisions of any law of like import, whenever a permanent or temporary receiver of Tenant or of or for the property of Tenant shall be appointed, then Landlordor if Tenant shall plead bankruptcy or insolvency as a defense in any action or proceeding, then, Landlord (a) at any time of after receipt of notice of the occurrence of any such event, or (b) if such event occurs without the acquiescence of Tenant, at any time after the event continues for thirty (30) 60 days, Landlord may give Tenant a notice of intention to end the term of this Lease at the expiration of five (5) days from the date of service of such notice of intention, and upon the expiration of said five (5) day period this Lease and the term and estate hereby granted, whether or not the term shall theretofore have commenced, shall terminate with the same effect as if that day were the Expiration Date, but Tenant shall remain liable for damages as provided in Article 2627.

Appears in 1 contract

Samples: Agreement (Synapse Group Inc)

CONDITIONS OF LIMITATION. 24.0116.01. This Lease and the term and estate hereby granted are subject to the limitation that whenever Tenant shall make an assignment of the property of Tenant for the benefit of creditors, or shall file a voluntary petition under any bankruptcy or insolvency law, or an involuntary petition alleging an act of bankruptcy or insolvency shall be filed against Tenant under any bankruptcy or insolvency law, or whenever if a petition shall be filed by or against Tenant under the reorganization any provisions of the United States Bankruptcy Act or under the provisions of any other bankruptcy or insolvency law of like imports or whenever a petition shall be filed by Tenant under the arrangement provisions of any law of like import, or whenever a permanent receiver of Tenant or of or for the property of Tenant shall be appointed, then Landlordthen, Landlord may, (a) at any time of after receipt of notice of the occurrence of any such event, or (b) if such event occurs without the acquiescence of Tenant, at any time after the event continues for thirty (30) daysdays (provided such period shall be extended an additional 120 days if (i) Tenant is current on all rent obligations and (ii) Tenant is diligently and continuously contesting same), Landlord may give Tenant a notice of intention to end the term Term of this Lease at the expiration of five (5) days from the date of service of such notice of intention, and upon the expiration of said five (5) day period this Lease and the term Term and estate hereby granted, whether or not the term Term shall theretofore have commenced, shall terminate with the same effect as if that day were the Expiration Date, but Tenant shall remain liable for damages as provided in Article 2618.

Appears in 1 contract

Samples: Agreement (Investment Technology Group Inc)

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