Common use of Default of the Tenant Clause in Contracts

Default of the Tenant. 13.01 In the event of any failure of Tenant to pay any Basic Minimum Annual Rent, Additional Rent or any other monies payable to Landlord under this Lease within fifteen (15) days after written notice of failure to pay said sums, Tenant shall be in material default of the Lease. Tenant shall also be in material default of this Lease upon the happening of any of the following: (i) the failure to deliver any estoppel or subordination, non disturbance and/or attornment agreement within the time limits set forth for default in the Article of this Lease requiring execution and delivery of such documents; (ii) the failure to have any mechanic's lien discharged within the time period set forth for default in the Article requiring removal of mechanic's liens; (iii) the failure to commence within thirty (30) days after written notice of failure to perform, and diligently pursue the performance of, any other of the terms, conditions or covenants of this Lease to be observed or performed by Tenant; (iv) if Tenant or any guarantor shall become bankrupt or insolvent, or file any debtor proceedings, or take or have taken against them, in any court, pursuant to any statute either of the United States or of any State, a petition in bankruptcy or insolvency or for the reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant's property or make an assignment for the benefit of creditors; or (v) if Tenant's interest in this Lease shall be taken under any writ of execution. The foregoing conditions of default shall be limited to the extent required by any state or federal laws affecting this Lease and Landlord's rights against Tenant, including the United States bankruptcy laws. To the extent permitted by law, all payments are due on the due dates set forth in the Lease, and there shall be no grace period for the due date of the rent other than the above 15 day period after notice from Landlord.

Appears in 1 contract

Samples: Lease Agreement (Transwitch Corp /De)

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Default of the Tenant. 13.01 In (1) If tenant shall default in the event payment of any failure rent or other payments required of Tenant to pay any Basic Minimum Annual RentTenant, Additional Rent or any other monies payable to Landlord under this Lease within fifteen part thereof, and if such default shall continue for three (153) days after written notice of failure to pay said sumsthe payment shall be due, or (2) if Tenant shall be in material default of the Lease. Tenant shall also be in material default of this Lease upon the happening of any of the following: (i) the failure to deliver any estoppel or subordination, non disturbance and/or attornment agreement within the time limits set forth for default in the Article performance or observance of any other agreement or condition on its part to be performed or observed, and if Tenant shall fail to cure said default within ten (10) days after notice of said default from Landlord, or (3) if any person shall levy upon, take, or attempt to take this leasehold interest or any part thereof upon execution, attachment or other process of law, or (4) if Tenant shall make default with respect to any other lease between it and Landlord, or (5) if this Lease requiring execution or any interest therein shall by operation of law devolve upon or pass to any person or persons other than Tenant, or (6) if Tenant shall fail to move into and delivery take possession of such documents; (ii) the failure to have any mechanic's lien discharged within the time period set forth Leased Premises and open for default in the Article requiring removal of mechanic's liens; (iii) the failure to commence business within thirty (30) days after written Landlord’s giving notice of failure to perform, and diligently pursue Tenant that the performance of, any other of the terms, conditions or covenants of this Lease to be observed or performed Leased Premises are ready for occupancy by Tenant; , or (iv7) if Tenant or any guarantor shall become bankrupt or insolvent, or file any debtor proceedings, or take or have taken against them, Tenant in any court, pursuant to any statute statute, either of the United States or of any Statestate, a petition in bankruptcy or insolvency or for the reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant's property ’s property, or make if Tenant makes an assignment for the benefit of creditors; , or (v) if Tenant's interest in petitions for or enters into an arrangement, or suffer this Lease shall to be taken under any writ or execution or attachment, then, in any of execution. The foregoing conditions said cases (notwithstanding any consent to any former breach of default shall be limited to agreement or condition or waiver of the extent required by benefit hereof or consent in a former instance) Landlord lawfully may immediately, or at any state time thereafter, and without any further notice or federal laws affecting demand, terminate this Lease and Landlord's rights against TenantTenant will forthwith quit and surrender the Leased Premises, including the United States bankruptcy lawsbut Tenant shall remain liable as hereinafter provided. To the extent permitted by law, all payments are due on the due dates set forth in the Lease, and there If this Lease shall be no grace period for the due date of the rent other than the above 15 day period after notice from Landlord.terminated, as provided in this Paragraph:

Appears in 1 contract

Samples: Standard Office Lease (Kalahari Greentech Inc.)

Default of the Tenant. 13.01 In (1) If the event Tenant shall default in the payment of any failure rent or other payments required of Tenant to pay any Basic Minimum Annual RentTenant, Additional Rent or any other monies payable to Landlord under this Lease within fifteen part thereof, and if such default shall continuo for THREE (153) days after written notice of failure to pay said sumsthe payment shall be due, or (2) if Tenant shall be in material default of the Lease. Tenant shall also be in material default of this Lease upon the happening of any of the following: (i) the failure to deliver any estoppel or subordination, non disturbance and/or attornment agreement within the time limits set forth for default in the Article performance or observance of any other agreement or condition on its part to be performed or observed, and if Tenant shall fail to cure said default within TEN (10) days after notice of said default from Landlord, or (3) if any person shall levy upon, take or attempt to take this leasehold interest or any part thereof upon execution, attachment or other process of law, or (4) if Tenant shall make default with, respect to any other provision of this Lease requiring execution and delivery Lease, or (5) if the premises shall be deserted, vacated, abandoned or business operations shall not be conducted therein for â. period of such documents; (ii) the failure to have any mechanic's lien discharged within the time period set forth for default in the Article requiring removal of mechanic's liens; (iii) the failure to commence within thirty (30) days after written notice of failure to performor more days, and diligently pursue the performance of, any other of the terms, conditions or covenants of (6) if this Lease or any interest therein shall be operation of law devolve upon or pass to be observed any person or performed by persons other than Tenant; , or (iv7) if Tenant or any guarantor shall become bankrupt or insolvent, or file any debtor proceedings, or take or have taken against them, Tenant in any court, pursuant to any statute statute, either of the United States or of any Statestate, a petition in bankruptcy or insolvency or for the reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant's property ’s. property, or make if Tenant makes an assignment for the benefit of creditors; , or petitions for or enters into an arrangement, or suffer this Lease to be taken under writ or execution or attachment, then, in any of said cases (vnotwithstanding any license of any former breach of agreement or condition or waiver of the benefit hereof or consent. in a former instance) if Tenant's interest in Landlord lawfully may immediately, or at any time thereafter, and without any further notice or demand, terminate this Lease and Tenant will forthwith quit and surrender the leased premises, but Tenant shall remain liable as hereinafter provided. If this Lease shall be taken under any writ of execution. The foregoing conditions of default shall be limited to the extent required by any state or federal laws affecting terminated, as provided in this Lease and Landlord's rights against Tenant, including the United States bankruptcy laws. To the extent permitted by law, all payments are due on the due dates set forth in the Lease, and there shall be no grace period for the due date of the rent other than the above 15 day period after notice from Landlord.Paragraph:

Appears in 1 contract

Samples: Lease (Mmax Media, Inc.)

Default of the Tenant. 13.01 In the event of any failure of Tenant to pay any Basic Minimum Annual Rent, Additional Rent or any other monies payable to Landlord under this Lease within fifteen ten (1510) days after written notice of failure to pay said sums, Tenant shall be in material default of the Lease. Tenant shall also be in material default of this Lease upon the happening of any of the following: ([i) ] the failure to deliver any estoppel or subordination, non disturbance and/or attornment agreement within the time limits set forth for default in the Article of this Lease requiring execution and delivery of such documents; ([ii) ] the failure to have any mechanic's lien discharged within the time period set forth for default in the Article requiring removal of mechanic's liens; ([iii) ] the failure to commence within thirty (30) days after written notice of failure to perform, and diligently pursue the performance of, any other of the terms, conditions or covenants of this Lease to be observed or performed by Tenant; ([iv) ] if Tenant or any guarantor shall become bankrupt or insolvent, or file any debtor proceedings, or take or have taken against them, in any court, pursuant to any statute either of the United States or of any State, a petition in bankruptcy or insolvency or for the reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant's property or make an assignment for the benefit of creditors; or ([v) ] if Tenant's interest in this Lease shall be taken under any writ of execution. The foregoing conditions of default shall be limited to the extent required by any state or federal laws affecting this Lease and Landlord's rights against Tenant, including the United States bankruptcy laws. To the extent permitted by law, all payments are due on the due dates set forth in the Lease, and there shall be no grace period for the due date of the rent other than the above 15 ten day period after notice from Landlord.

Appears in 1 contract

Samples: Lease Agreement (Information Management Associates Inc)

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Default of the Tenant. 13.01 In (1) If Tenant shall default in the event payment of any failure rent or other payments required of Tenant to pay any Basic Minimum Annual RentTenant, Additional Rent or any other monies payable to Landlord under this Lease within fifteen part thereof, and if such default shall continue for five (155) days after written notice of failure to pay said sumsthe payment shall be due, or (2) if Tenant shall be in material default of the Lease. Tenant shall also be in material default of this Lease upon the happening of any of the following: (i) the failure to deliver any estoppel or subordination, non disturbance and/or attornment agreement within the time limits set forth for default in the Article performance or observance of any other agreement or condition on its part to be performed or observed, and if Tenant shall fail to cure said default within ten (10) days after notice of said default from Landlord, or (3) if any person shall levy upon, take, or attempt to take this leasehold interest or any part thereof upon execution, attachment or other process of law, or (4) if Tenant shall make default with respect to any other lease between it and Landlord, or (5) if the premises shall be deserted, vacated, abandoned, or business operations shall not be conducted therein for a period of three or more days, or (6) if this Lease requiring execution or any interest therein shall by operation of law devolve upon or pass to any person or persons other than Tenant, or (7) if Tenant shall fail to move into and delivery take possession of such documents; (ii) the failure to have any mechanic's lien discharged within the time period set forth leased premises and open for default in the Article requiring removal of mechanic's liens; (iii) the failure to commence business within thirty (30) days after written Xxxxxxxx's giving notice of failure to perform, and diligently pursue Tenant that the performance of, any other of the terms, conditions or covenants of this Lease to be observed or performed leased premises are ready for occupancy by Tenant; , or (iv) 8) if Tenant or any guarantor shall become bankrupt or insolvent, or file any debtor proceedings, or take or have taken against them, Tenant in any court, pursuant to any statute statute, either of the United States or of any Statestate, a petition in bankruptcy or insolvency or for the reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant's property property, or make an if Xxxxxx makes and assignment for the benefit of creditors; , or (v) if Tenant's interest in petitions for or enters into an arrangement, or suffer this Lease shall to be taken under any writ or execution or attachment, then, in any of execution. The foregoing conditions said cases (notwithstanding any license of default shall be limited to any former breach of agreement or condition or waiver of the extent required by benefit hereof or consent in a former instance) Landlord lawfully may immediately, or at, any state time thereafter, and without any further notice or federal laws affecting demand, terminate this Lease and Landlord's rights against TenantTenant will forthwith quit and surrender the leased premises, including but Tenant shall remain liable as hereinafter provided, or (9) if Tenant does not at all times diligently pursue the United States bankruptcy lawsapproval of its Bank Charter and does not keep Landlord informed of the status of such Charter on a regular basis prior to commencement thereof. To the extent permitted by law, all payments are due on the due dates set forth in the Lease, and there If this Lease shall be no grace period for the due date of the rent other than the above 15 day period after notice from Landlord.terminated, as provided in this Paragraph:

Appears in 1 contract

Samples: Admiralty Bancorp Inc

Default of the Tenant. 13.01 In the event of any failure of Tenant to pay any Basic Minimum Annual Rent, Additional Rent or any other monies payable to Landlord under this Lease within fifteen ten (1510) days after written notice of failure to pay said sums, Tenant shall be in material default of the Lease. Tenant shall also be in material default of this Lease upon the happening of any of the following: (i) the failure to deliver any estoppel or subordination, non disturbance and/or attornment agreement within the time limits set forth for default in the Article of this Lease requiring execution and delivery of such documents; (ii) the failure to have any mechanic's lien discharged within the time period set forth for default in the Article requiring removal of mechanic's liens; (iii) the failure to commence within thirty (30) days after written notice of failure to perform, and diligently pursue the performance of, any other of the terms, conditions or covenants of this Lease to be observed or performed by Tenant; (iv) if Tenant or any guarantor shall become bankrupt or insolvent, or file any debtor proceedings, or take or have taken against them, in any court, pursuant to any statute either of the United States or of any State, a petition in bankruptcy or insolvency or for the reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant's property or make an assignment for the benefit of creditors; or (v) if Tenant's interest in this Lease shall be taken under any writ of execution. The foregoing conditions of default shall be limited to the extent required by any state or federal laws affecting this Lease and Landlord's rights against Tenant, including the United States bankruptcy laws. To the extent permitted by law, all payments are due on the due dates set forth in the Lease, and there shall be no grace period for the due date of the rent other than the above 15 ten day period after notice from Landlord.

Appears in 1 contract

Samples: Lease Agreement (Tsi International Software LTD)

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