Common use of CONDITIONS OF LIMITATION Clause in Contracts

CONDITIONS OF LIMITATION. 22.01. This Lease and the term and estate hereby granted are subject to the limitation that whenever Tenant, or any guarantor of Tenant's obligations under this Lease, shall make an assignment 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 or such guarantor under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant or such guarantor under the reorganization provisions of the United States Bankruptcy Code or under the provisions of any law of like import, or whenever a petition shall be filed by Tenant, or such guarantor, 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 such guarantor, or of or for the property of Tenant, or such guarantor, shall be appointed, then Landlord (a) if such event occurs without the acquiescence of Tenant, or such guarantor, as the case may be, at any time after the event continues for ninety (90) days, or (b) in any other case at any time after the occurrence of any such event, may give Tenant a notice of intention to end the term of this Lease at the expiration of five days from the date of service of such notice of intention, and upon the expiration of said five-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 of this Lease, but Tenant shall remain liable for damages as provided in Article 24 hereof.

CONDITIONS OF LIMITATION. 22.01. Section 21.1 This Lease and the term Term and estate hereby granted are subject to the limitation that whenever Tenant, or any guarantor of Tenant's obligations under this Lease, 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 insolvency petition alleging an act of bankruptcy or insolvency shall be filed against Tenant or such guarantor under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant or such guarantor under the reorganization provisions of the United States Bankruptcy Code or under the provisions of any law of like import, or whenever a petition shall be filed by Tenant, or such guarantor, Tenant under the arrangement provisions of the United States Bankruptcy Code Act or under the provisions of any law of like import, or whenever a permanent receiver of Tenant, or such guarantor, Tenant or of or for the property of Tenant, or such guarantor, Tenant shall be appointed, then then, if and to the extent they are permitted by law, Landlord and the Board of Managers (a) at any time after receipt of notice of the occurrence of any such event or (b) if such event occurs without the acquiescence of Tenant, or such guarantor, as the case may be, at any time after the event continues unstayed for ninety one hundred twenty (90120) days, or (b) in any other case at any time after the occurrence of any such event, may give Tenant a notice of intention to end the term Term of this Lease at the expiration of five ten (10) days from the date of service of such notice of intentionintention to end the Term of this Lease and, and upon the expiration of said five-ten (10) 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 of this LeaseLease Expiration Date, but Tenant shall remain liable for and all amounts due under this Lease to the date of termination and for damages as provided in Article 24 hereof22.

CONDITIONS OF LIMITATION. 22.01. This Lease and the term and estate hereby granted are subject to the limitation that whenever Tenant, or any guarantor of Tenant's ’s obligations under this Lease, shall make an assignment 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 or such guarantor under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant or such guarantor under the reorganization provisions of the United States Bankruptcy Code or under the provisions of any law of like import, or whenever a petition shall be filed by Tenant, or such guarantor, 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 such guarantor, or of or for the property of Tenant, or such guarantor, shall be appointed, then Landlord (a) if such event occurs without the acquiescence of Tenant, or such guarantor, as the case may be, at any time after the event continues for ninety (90) days, or (b) in any other case at any time after the occurrence of any such event, may give Tenant a notice of intention to end the term of this Lease at the expiration of five days from the date of service of such notice of intention, and upon the expiration of said five-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 of this Lease, but Tenant shall remain liable for damages as provided in Article 24 hereof.

CONDITIONS OF LIMITATION. 22.0116.01. This Lease and the term and estate hereby granted are subject to the limitation that whenever Tenant, Tenant or any guarantor of Tenant's obligations under this Leasehereunder shall become insolvent or generally fail to pay, or admit in writing its inability to pay, debts as they become due; or Tenant or any such guarantor shall apply for, consent to, or acquiesce in, the appointment of a trustee, receiver, sequestrator or other custodian for Tenant or such guarantor or any property of any thereof, or make an a general assignment for the benefit of creditors; or, in the absence of such application, consent or acquiescence, a trustee, receiver, sequestrator or other custodian shall be appointed for Tenant or any such guarantor or for a substantial part of the property of any thereof and not be discharged within 30 days; or any bankruptcy, reorganization, debt arrangement, or shall file a voluntary petition other case or proceeding under any bankruptcy or insolvency law, or an involuntary petition alleging an act of bankruptcy any dissolution, winding up or insolvency liquidation proceeding, shall be filed against commenced in respect of Tenant or any such guarantor under any bankruptcy or insolvency lawguarantor, or whenever a petition shall be filed and, if not commenced by or against Tenant or such guarantor under the reorganization provisions of the United States Bankruptcy Code or under the provisions of any law of like import, or whenever a petition shall be filed by Tenant, or such guarantor, under the arrangement provisions of the United States Bankruptcy Code be consented to or under the provisions of any law of like import, or whenever a permanent receiver of Tenant, or such guarantor, or of or for the property of Tenant, acquiesced in by Tenant or such guarantor, shall be appointedresult in the entry of an order for relief or shall remain for thirty (30) days undismissed; or Tenant or any such guarantor shall take any corporate action to authorize, or in furtherance of, any of the foregoing, then Landlord (a) if such event occurs without the acquiescence of Tenant, or such guarantor, as the case may be, at any time after the event continues for ninety (90) days, or (b) in any other case at any time after receipt of notice of the occurrence of any 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 this Lease and the 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 of this LeaseExpiration Date, but Tenant shall remain liable for damages as provided in Article 24 hereof18.

CONDITIONS OF LIMITATION. 22.0116.01. This Lease and the term and estate hereby granted are subject to the limitation that whenever Tenant, Tenant or any guarantor of Tenant's obligations under this Leasehereunder shall be unable to pay its debts generally as they become due, or shall make an assignment of the property of Tenant or any guarantor of Tenant's obligations hereunder for the benefit of creditors, or shall file 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 petition case for relief under any bankruptcy or insolvency law, or an involuntary petition alleging an act of bankruptcy or insolvency shall be filed against Tenant or such guarantor under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant or such guarantor under the reorganization provisions of the United States Bankruptcy Code or file a petition or take advantage of any bankruptcy or insolvency act or applicable law of like import, or whenever an involuntary case under the provisions United States Bankruptcy Code shall be commenced against Tenant or any guarantor of Tenant's obligations hereunder or if a petition shall be filed against it seeking similar relief under any bankruptcy or insolvency or other applicable law of like import, or whenever a petition shall be filed by Tenantreceiver, liquidator, trustee, or such guarantor, under the arrangement provisions other custodian of the United States Bankruptcy Code Tenant or under the provisions of any law of like import, or whenever a permanent receiver guarantor of Tenant, or such guarantor, or of 's obligations hereunder or for substantially all of the property of Tenant shall be appointed without Tenant's consent or acquiescence, then, (a) at any time after receipt of notice of the occurrence of any such event, or such guarantor, shall be appointed, then Landlord (ab) if such event occurs without the acquiescence of Tenant or any guarantor of Tenant, or such guarantor, as the case may be's obligations hereunder, at any time after the event continues for ninety thirty (9030) days, or (b) in any other case at any time after the occurrence of any such event, 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-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 of this LeaseExpiration Date, but Tenant shall remain liable for damages as provided in Article 24 hereof18.

CONDITIONS OF LIMITATION. 22.01. This Lease and the term and estate hereby granted are subject to the limitation that whenever Tenant, or any guarantor of Tenant's obligations under this Lease, that: in case Tenant shall make an assignment of its property for the benefit of creditors, creditors or shall file a voluntary petition under any bankruptcy or insolvency law, or an involuntary petition alleging an act of under any bankruptcy or insolvency law shall be filed against Tenant or and such guarantor under any bankruptcy or insolvency lawinvoluntary petition is not dismissed within 60 days after the filing thereof, or whenever in case a petition shall be is filed by or against Tenant or such guarantor under the reorganization Reorganization provisions of the United States Bankruptcy Code Act or under the provisions of any law of like import, or whenever unless such petitioner under said Reorganization provisions be one filed against Tenant which is dismissed within 60 days after its filing, in case Tenant shall file a petition shall be filed by Tenant, or such guarantor, under the arrangement Arrangement provisions of the United States Bankruptcy Code Act or under the provisions of any law of like import, or whenever in case a permanent receiver of Tenantreceiver, trustee or such guarantor, liquidator shall be appointed for Tenant or of or for the property of Tenant, and such receiver, trustee or such guarantorliquidator shall not have been discharged within 60 days from the date of his appointment, in case Tenant shall default in the payment of any fixed rent or additional rent or any other sum or charge payable hereunder by Tenant to Landlord on any date upon which the same becomes due, in case Tenant shall default in the due keeping, observing or performance of any covenant, agreement, term, provision or condition of this Lease on the part of Tenant to be appointedkept, then Landlord observed or performed (aother than a default of the character referred to in subparagraph (e) of this Article 16), and if such event occurs without default shall continue and shall not be remedied by Tenant within 10 days after Landlord shall have given to Tenant a written notice specifying the acquiescence same, or, in the case of such a default which for causes beyond Tenant's control cannot with due diligence be cured within said period of 10 days, if Tenant (i) shall not, promptly upon the giving of such notice, advise Landlord in writing of Tenant's intention to duly institute all steps necessary to remedy such default, (ii) shall not duly institute and thereafter diligently prosecute to completion all steps necessary to remedy the same, or such guarantor, as (iii) shall not remedy the case may be, at any same within a reasonable time after the date of the giving of said notice by Landlord, in case any event continues for ninety (90) daysshall occur or any contingency shall arise whereby this Lease or the estate hereby granted or the unexpired balance of the term hereof would, by operation of law or otherwise, devolve upon, or pass to, any person, firm, association or corporation other than Tenant except as expressly permitted under Article 7 hereof, or whenever Tenant shall desert or abandon the premises or the same shall become vacant (b) whether the keys are surrendered or not an whether the rent be paid or not), or in case any other case at any time after lease held by Tenant from Landlord shall expire and terminate (whether or not the term thereof shall then have commenced) as a result of the default of Tenant thereunder or of the occurrence of an event as therein provided (other than by expiration of the fixed term thereof or pursuant to a cancellation or termination option therein contained), then in any such event, of said cases Landlord may give to Tenant a notice of intention to end the term of this Lease at the expiration of five 3 days from the date of service the giving of such notice, and, in the event that such notice of intentionis given, and upon the expiration of said five-day period this Lease and the term and estate hereby granted, granted (whether or not the term shall theretofore have commenced, ) shall expire and terminate upon the expiration of said 3 days with the same effect as if that day were the date hereinbefore set for the expiration date of the term of this Lease, but Tenant shall remain liable for damages as provided in Article 24 18 hereof. If the term "Tenant", as used in this Lease, refers to more than one person, then, as used in subparagraphs (a), (b), (c), (d) and (h) of this Article 16, said term shall be deemed to include all of such persons or any one of them,; if any of the obligations of Tenant under this Lease is guaranteed, the term "Tenant", as used in said subparagraphs, shall be deemed to include also the guarantor or, if there be more than one guarantor, all or any one of them; and if this Lease shall have been assigned, the term "Tenant", as used in said subparagraphs, shall be deemed to include the assignee and the assignor or either of them under any such assignment unless Landlord shall, in connection with such assignment, release the assignor from any further liability under this Lease, in which event the term "Tenant", as used in said paragraph, shall not include the assignor so released.

CONDITIONS OF LIMITATION. 22.0116.01. This Lease and the term and estate hereby granted are subject to the limitation that whenever Tenant, Tenant or any guarantor of Tenant's ’s obligations under this Leasehereunder shall become insolvent or generally fail to pay, or admit in writing its inability to pay, debts as they become due; or Tenant or any such guarantor shall apply for, consent to, or acquiesce in, the appointment of a trustee, receiver, sequestrator or other custodian for Tenant or such guarantor or any property of any thereof, or make an a general assignment for the benefit of creditors; or, in the absence of such application, consent or acquiescence, a trustee, receiver, sequestrator or other custodian shall be appointed for Tenant or any such guarantor or for a substantial part of the property of any thereof and not be discharged within sixty (60) days; or any bankruptcy, reorganization, debt arrangement, or shall file a voluntary petition other case or proceeding under any bankruptcy or insolvency law, or an involuntary petition alleging an act of bankruptcy any dissolution, winding up or insolvency liquidation proceeding, shall be filed against commenced in respect of Tenant or any such guarantor under any bankruptcy or insolvency lawguarantor, or whenever a petition shall be filed and, if not commenced by or against Tenant or such guarantor under the reorganization provisions of the United States Bankruptcy Code or under the provisions of any law of like import, or whenever a petition shall be filed by Tenant, or such guarantor, under the arrangement provisions of the United States Bankruptcy Code be consented to or under the provisions of any law of like import, or whenever a permanent receiver of Tenant, or such guarantor, or of or for the property of Tenant, acquiesced in by Tenant or such guarantor, shall be appointedresult in the entry of an order for relief or shall remain for sixty (60) days undismissed; or Tenant or any such guarantor shall take any corporate action to authorize, or in furtherance of, any of the foregoing, then Landlord (a) if such event occurs without the acquiescence of Tenant, or such guarantor, as the case may be, at any time after the event continues for ninety (90) days, or (b) in any other case at any time after receipt of notice of the occurrence of any 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 this Lease and the 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 of this LeaseExpiration Date, but Tenant shall remain liable for damages as provided in Article 24 hereof18.

CONDITIONS OF LIMITATION. 22.01. 15.1 This Lease and the term and estate hereby granted are subject to the limitation that whenever TenantTenant shall be unable to pay its debts generally as they become due, or any guarantor of Tenant's obligations under this Lease, shall make an assignment of the property of Tenant for the benefit of creditors, or shall file 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 petition case for relief under any bankruptcy or insolvency law, or an involuntary petition alleging an act of bankruptcy or insolvency shall be filed against Tenant or such guarantor under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant or such guarantor under the reorganization provisions of the United States Bankruptcy Code or file a petition or take advantage of any bankruptcy or insolvency act or applicable law of like import, or whenever an involuntary case under the provisions of 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 or other applicable law of like import, or whenever a petition shall be filed by Tenantreceiver, liquidator, trustee, or such guarantor, under the arrangement provisions other custodian of the United States Bankruptcy Code or under the provisions of any law of like import, or whenever a permanent receiver of Tenant, or such guarantor, Tenant or of or for substantially all of the property of Tenant shall be appointed without Tenant's consent or acquiescence, then, (a) at any time after receipt of notice of the occurrence of any such event, or such guarantor, shall be appointed, then Landlord (ab) if such event occurs without the acquiescence of Tenant, or such guarantor, as the case may be, at any time after the event continues for ninety ten (9010) days, or (b) in any other case at any time after the occurrence of any such event, 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-five (5) day period period, this Lease and the 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 of this LeaseExpiration Date, but Tenant shall remain liable for damages as provided in Article 24 hereof17.

CONDITIONS OF LIMITATION. 22.01. This Lease lease and the term and estate hereby granted are subject to the limitation that whenever Tenant, or any guarantor of Tenant's ’s obligations under this Lease, shall make an assignment 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 or such guarantor under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant or such guarantor under the reorganization provisions of the United States Bankruptcy Code or under the provisions of any law of like import, or whenever a petition shall be filed by Tenant, or such guarantor, 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 such guarantor, or of or for the property of Tenant, or such guarantor, shall be appointed, then Landlord (a) if such event occurs without the acquiescence of Tenant, or such guarantor, as the case may be, at any time after the event continues for ninety (90) days, or (b) in any other case at any time after the occurrence of any such event, 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-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 of this Lease, but Tenant shall remain liable for damages as provided in Article 24 hereof.

CONDITIONS OF LIMITATION. 22.01. This Lease lease and the term and estate hereby granted are subject to the limitation that whenever Tenant, or any guarantor of Tenant's obligations under this Leaselease, shall make an assignment 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 or such guarantor under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant or such guarantor under the reorganization provisions of the United States Bankruptcy Code or under the provisions of any law of like import, or whenever a petition shall be filed by Tenant, or such guarantor, 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 such guarantor, or of or for the property of Tenant, or such guarantor, shall be appointed, then Landlord (a) if such event occurs without the acquiescence of Tenant, or such guarantor, as the case may be, at any time after the event continues for ninety (90) days, or (b) in any other case at any time after the occurrence of any such event, 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-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 of this Leaselease, but Tenant shall remain liable for damages as provided in Article 24 hereof.

CONDITIONS OF LIMITATION. 22.01. This Lease and the term and estate hereby granted are subject to the limitation that whenever Tenant, or any guarantor of Tenant's obligations under this Lease, shall make an assignment 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 or such guarantor under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant or such guarantor under the reorganization provisions of the United States Bankruptcy Code or under the provisions of any law of like import, or whenever a petition shall be filed by Tenant, or such guarantor, 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 such guarantor, or of or for the property of Tenant, or such guarantor, shall be appointed, then Landlord (a) if such event occurs without the acquiescence of Tenant, or such guarantor, as the case may be, at any time after the event continues for ninety (90) days, or (b) in any other case at any time after the occurrence of 101 any such event, 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-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 of this Lease, but Tenant shall remain liable for damages as provided in Article 24 hereof. Landlord and Tenant acknowledge that as of the date of this Lease there is no guarantor of Tenant's obligations hereunder, and all references to such a guarantor in this Section 22.01 shall be applicable only in the event there is such a guarantor in the future.

CONDITIONS OF LIMITATION. 22.0125.01. This Lease lease and the term and estate hereby granted are subject to the limitation that whenever Tenant, or any guarantor of Tenant's obligations under this Leaselease, shall make an assignment for the benefit of creditors, or shall file a voluntary petition under any bankruptcy federal or state bankruptcy, insolvency or receivership law, or an involuntary petition alleging an act of bankruptcy or insolvency shall be filed against Tenant or such guarantor under any bankruptcy federal or state bankruptcy, insolvency or receivership law, or whenever a petition shall be filed by or against Tenant or such guarantor under the reorganization provisions of the United States Bankruptcy Code or under the provisions of any law of like import, or whenever a petition shall be filed by Tenant, or such guarantor, 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 such guarantor, or a receiver of or for the property of Tenant, Tenant or such guarantor, shall be appointed, then Landlord (a) if such event occurs without the acquiescence of Tenant, Tenant or such guarantor, as the case may be, at any time after the event continues for ninety (90) 120 days, or (b) in any other case at any time after the occurrence of any such event, may give Tenant a notice of intention to end the term of this Lease lease at the expiration of five days from the date of service of such notice of intention, and upon the expiration of said 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 date of this Leaselease, but Tenant shall remain liable for damages as provided in Article 24 hereof27. Anything contained herein to the contrary notwithstanding, if such termination shall be stayed by order of any court having jurisdiction over any case or proceeding described in this Section 25.01, or by federal or state statute, then, following the earlier of (i) the expiration of any such stay, or (ii) if Tenant or Tenant as debtor-in-possession or the trustee appointed to administer Tenant's estate shall fail to assume Tenant's obligations under this lease within the period prescribed therefor by law (or within one hundred twenty (120) days after entry of the order for relief) or as may be allowed by the court, or (iii) if Tenant or Tenant as debtor-in-possession or such trustee for Tenant shall fail to provide adequate protection of Landlord's right, title and interest in and to the Premises or adequate assurance of the complete and continuous future performance of Tenant's obligations under this lease as provided in Section 27.04(a), Landlord, to the extent permitted by law or by leave of the court having jurisdiction over such proceeding, shall have the right, at its election, to terminate this lease on five (5) days' notice to Tenant, Tenant as debtor-in-possession or said trustee and upon the expiration of said five (5) day period this lease shall cease and expire as aforesaid and Tenant, Tenant as debtor-in-possession and/or said trustee shall immediately quit and surrender the Premises as aforesaid.

CONDITIONS OF LIMITATION. 22.01Section 33.01. This Lease and the term Term and estate hereby granted are subject to the limitation that whenever Tenant, or any guarantor guarantor, if any, of Tenant's obligations under this Lease, shall make an assignment 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 or such guarantor under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant or such guarantor under the reorganization provisions of the United States Bankruptcy Code or under the provisions of any law of like import, or whenever a petition shall be filed by Tenant, or such guarantor, 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 such guarantor, or of or for the property of Tenant, or such guarantor, guarantor shall be appointed, then Landlord (a) if such event occurs without the acquiescence of Tenant, or such guarantor, as the case may be, at any time after the event continues for ninety (90) days, or (b) in any other case at any time after the occurrence of any such event, may give Tenant a notice of intention to end the term Term of this Lease at the expiration of five days from the date of service of such notice of intention, and upon the expiration of said five-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 force and effect as if that day were the expiration date Expiration Date of this Lease, but Tenant shall remain liable for damages as provided in Article 24 hereof35. If as a matter of law, Landlord has no right on the bankruptcy of Tenant to terminate this Lease, then, if Tenant, as debtor, or its trustee wishes to assume or assign this Lease, in addition to curing or adequately assuring the curing of all defaults existing under this Lease on Tenant's part on the date of filing of the proceeding (such assurance being defined below), Tenant, as debtor, or the trustee or assignee must also furnish adequate assurance of future performance under this Lease (as defined below). Adequate assurance of curing defects means the posting with Landlord a sum in cash sufficient to defray the cost of such cure. Adequate assurance of future performance under this Lease means posting a deposit equal to two (2) months Rent and in the case of an assignee, assuring Landlord that assignee is financially capable of assuming this Lease. In a reorganization under Chapter 11 of the Bankruptcy Code, the debtor or trustee must assume or assign this Lease within 120 days from the filing of the proceeding, or the debtor or the trustee shall be deemed to have rejected or terminated this Lease.

CONDITIONS OF LIMITATION. 22.0116.1. This Lease and the term Term and estate hereby granted are subject to the limitation that whenever TenantTenant shall be unable to pay its debts generally as they become due, or any guarantor of Tenant's obligations under this Lease, shall make an assignment of the property of Tenant for the benefit of creditors, or shall file 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 petition case for relief under any bankruptcy or insolvency law, or an involuntary petition alleging an act of bankruptcy or insolvency shall be filed against Tenant or such guarantor under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant or such guarantor under the reorganization provisions of the United States Bankruptcy Code or file a petition or take advantage of any bankruptcy or insolvency act or applicable law of like import, or whenever an involuntary case under the provisions of 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 or other applicable law of like import, or whenever a petition shall be filed by Tenantreceiver, liquidator, trustee, or such guarantor, under the arrangement provisions other custodian of the United States Bankruptcy Code or under the provisions of any law of like import, or whenever a permanent receiver of Tenant, or such guarantor, Tenant or of or for substantially all of the property of Tenant shall be appointed without Tenant's consent or acquiescence, then, (a) at any time after receipt of notice of the occurrence of any such event, or such guarantor, shall be appointed, then Landlord (ab) if such event occurs without the acquiescence of Tenant, or such guarantor, as the case may be, at any time after the event continues for ninety (90) 30 days, or (b) in any other case at any time after the occurrence of any such event, Landlord may give Tenant a notice of intention to end the term Term of this Lease at the expiration of five ten (10) days from the date of service of such notice of intention, and upon the expiration of said five-ten (10) 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 of this LeaseExpiration Date, but Tenant shall remain liable for damages as provided in Article 24 hereof18.

CONDITIONS OF LIMITATION. 22.01. This Lease lease and the term and estate hereby granted are subject to the limitation that whenever Tenant, or any guarantor of Tenant's ’s obligations under this Leaselease, shall make an assignment 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 or such guarantor under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant or such guarantor under the reorganization provisions of the United States Bankruptcy Code or under the provisions of any law of like import, or whenever a petition shall be filed by Tenant, or such guarantor, 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 such guarantor, or of or for the property of Tenant, or such guarantor, shall be appointed, then Landlord (a) if such event occurs without the acquiescence of Tenant, or such guarantor, as the case may be, at any time after the event continues for ninety sixty (9060) days, or (b) in any other case at any time after the occurrence of any such event, may give Tenant a notice of intention to end the term of this Lease lease at the expiration of five days from the date of service of such notice of intention, and upon the expiration of said 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 date of this Leaselease, but Tenant shall remain liable for damages as provided in Article 24 hereof.

CONDITIONS OF LIMITATION. 22.01. 22.01 This Lease and the term and estate hereby granted are subject to the limitation that whenever Tenant, or any guarantor of Tenant's ’s obligations under this Lease, shall make an assignment 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 or such guarantor under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant or such guarantor under the reorganization provisions of the United States Bankruptcy Code or under the provisions of any law of like import, or whenever a petition shall be filed by Tenant, or such guarantor, 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 such guarantor, or of or for the property of Tenant, or such guarantor, shall be appointed, then Landlord (a) if such event occurs without the acquiescence of Tenant, or such guarantor, as the case may be, at any time after the event continues for ninety (90) days, or (b) in any other case at any time after the occurrence of any such event, may give Tenant a notice of intention to end the term of this Lease at the expiration of five (5) business days from the date of service of such notice of intention, and upon the expiration of said five-five (5) business 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 of this Lease, but Tenant shall remain liable for damages as provided in Article 24 hereof.

CONDITIONS OF LIMITATION. 22.01. 57.01 This Lease lease and the term Term and estate hereby granted are subject to the limitation that whenever Tenant, or any guarantor of Tenant's ’s obligations under this Leaselease, shall make an assignment 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 or such guarantor under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant or such guarantor under the reorganization provisions of the United States Bankruptcy Code or under the provisions of any law of like import, or whenever a petition shall be filed by Tenant, or such guarantor, 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 such guarantor, or of or for the property of Tenant, or such guarantor, shall be appointed, then Landlord Owner (a) if such event occurs without the acquiescence of Tenant, or such guarantor, as the case may be, at any time after the event continues for ninety sixty (9060) days, or (b) in any other case at any time after the occurrence of any such eventevent except if Tenant continues to pay the Fixed Rent and Additional Rent hereunder and to perform all of the other covenants of Tenant hereunder, may give Tenant a notice of intention to end the term Term of this Lease lease at the expiration of five days from the date of service of such notice of intention, and upon the expiration of said five-day period this Lease 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 Expiration Date of this Leaselease, but Tenant shall remain liable for damages as provided in Article 24 hereof59.

CONDITIONS OF LIMITATION. 22.01. This Lease lease and the term and estate hereby granted are subject to the limitation that whenever Tenant, or any guarantor of Tenant's obligations under this Lease, Tenant shall make an assignment 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 or such guarantor under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant or such guarantor under the reorganization provisions of the United States Bankruptcy Code (herein called the “Bankruptcy Code”) or under the provisions of any law of like import, or whenever a petition shall be filed by Tenant, or such guarantor, 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 such guarantor, Tenant or of or for the property of Tenant, or such guarantor, Tenant shall be appointed, then Landlord (a) if such event occurs without the acquiescence of Tenant, or such guarantor, as the case may be, Tenant at any time after the event continues for ninety one hundred eighty (90180) days, or (b) in any other case at any time after the occurrence of such event continues for sixty (60) days after written notice thereof has been given by Landlord to Tenant and any such eventLeasehold 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 lease at the expiration of five ten (10) 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 (10) 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 of this Leaselease, but Tenant shall remain liable for damages as provided in Article 24 hereof24.

CONDITIONS OF LIMITATION. 22.0116.01. This Lease and the term and estate hereby granted are subject to the limitation that whenever Tenant, Tenant or any guarantor of Tenant's obligations under this Lease, Lease 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 or such guarantor under any bankruptcy or insolvency law, or whenever a petition shall be filed by or against Tenant or such guarantor under the reorganization provisions of the United States Bankruptcy Code Act or under the provisions of any law of like import, or whenever a petition shall be filed by Tenant, Tenant or such guarantor, guarantor under the arrangement provisions of the United States Bankruptcy Code Act or under the provisions of any law of like import, or whenever a permanent receiver of Tenant, Tenant or such guarantor, guarantors or of or for the property of Tenant, Tenant or such guarantor, guarantor shall be appointed, then then, Landlord may, (a) at any time after receipt of notice of the occurrence of any such event, or (b) if such event occurs without the acquiescence of Tenant, Tenant or such guarantor, as the case may be, at any time after the event continues for ninety (90) days, or (b) in any other case at any time after the occurrence of any such event, 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-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 of this LeaseExpiration Date, but Tenant shall remain liable for damages as provided in Article 24 hereof18.