Involuntary Assignment. No interest of Tenant in this Lease shall be assignable by operation of law (including, without limitation, the transfer of this Lease by testacy or intestacy). Each of the following acts shall be considered an involuntary assignment: (a) If Tenant files or has filed against it a petition under the Bankruptcy Code, as may be amended, become insolvent, or makes an assignment for the benefit of creditors; or, if Tenant is a partnership, if any partner of the partnership files or has filed against such partner a petition under the Bankruptcy Code, as may be amended, or such partner becomes insolvent, or make an assignment for the benefit of creditors; (b) If a writ of attachment or execution is levied on this Lease; and/or (c) If, in any proceeding or action to which Tenant is a party, a receiver is appointed with authority to take possession of the Premises. The provisions of item (a) of this Section shall be applicable to any guarantor of this Lease. If an involuntary assignment occurs. Landlord shall have the election to terminate this Lease and this Lease shall not be treated as an asset of Tenant, and Tenant shall have no further rights under this Lease. If an attachment or execution is levied against Tenant, Tenant shall have ten (10) days in which to cause the attachment or execution to be removed.
Appears in 2 contracts
Sources: Sublease Agreement (Mobile Iron, Inc.), Sublease Agreement (Mobile Iron, Inc.)
Involuntary Assignment. No interest of Tenant in this Lease shall be ---------------------- assignable by operation of law (includinglaw. Without limiting the foregoing, without limitation, the transfer of this Lease by testacy or intestacy). Each each of the following acts shall be considered an involuntary assignment:
(ai) Transfer of this Lease by testacy or intestacy;
(ii) If Tenant files is or has filed against it becomes bankrupt or insolvent, makes an assignment for the benefit of creditors, or institutes a petition proceeding under the Bankruptcy CodeAct in which Tenant is the bankrupt; or, as may be amendedif Tenant is a partnership or consists of more than one person or entity, become if any general partner of the partnership or other person or entity is or becomes bankrupt or insolvent, or makes an assignment for the benefit of creditors; or, if Tenant is a partnership, if any partner of the partnership files or has filed against such partner a petition under the Bankruptcy Code, as may be amended, or such partner becomes insolvent, or make an assignment for the benefit of creditors;
(biii) If The appointment of a writ of attachment trustee or execution is levied on this Lease; and/or
(c) If, in any proceeding or action to which Tenant is a party, a receiver is appointed with authority to take possession of substantially all of Tenant's assets located at the Premises. The provisions Premises or of item (a) of this Section shall be applicable to any guarantor of Tenant's interests in this Lease, where possession is not restored to Tenant within thirty (30) days; or
(iv) The attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where seizure is not discharged within thirty (30) days. If an An involuntary assignment occurs. shall constitute a default by Tenant under this Lease, and in such event Landlord shall have the election right to elect to terminate this Lease and Lease, in which case this Lease shall not be treated as an asset of Tenant, and Tenant shall have no further rights under this Lease. If an attachment or execution is levied against Tenant, Tenant shall have ten (10) days in which to cause the attachment or execution to be removed.
Appears in 2 contracts
Sources: Office Lease (Actuate Software Corp), Office Lease (Actuate Software Corp)
Involuntary Assignment. No interest of Tenant in this Lease shall be assignable by operation of law (including, without limitation, the transfer of this Lease by testacy or intestacy). Each , each of the following acts shall be considered an involuntary assignment:
(a) If Tenant files or has filed against it a petition under the Bankruptcy CodeCode (as defined below), as may be amended, become becomes insolvent, or makes an assignment for the benefit of creditors; or, if Tenant is a partnership, if any partner of the partnership files or has filed against such partner a petition under the Bankruptcy CodeAct, as may be amended, or such partner becomes insolvent, or make makes an assignment for the benefit of creditors;
(b) If a writ of attachment or execution is levied on this Lease; and/or
(c) If, in any proceeding or action to which Tenant is a party, a receiver is appointed with authority to take possession of the Leased Premises.
(d) Notwithstanding the foregoing, in the event this Lease is assigned to any person or entity pursuant to the provisos of the Bankruptcy Code 11 U.S.C. 101 et seq. The provisions of item (a) of this Section the "Bankruptcy Code"), any and all monies or other considerations payable or otherwise to be delivered in connection with such assignment shall be applicable paid or delivered to any guarantor Landlord, shall be and remain the exclusive property of Landlord and shall not constitute property of Tenant or of the estate of Tenant within the meaning of the Bankruptcy Code. Any and all monies or other considerations constituting Landlord's property under the preceding sentence not paid or delivered to Landlord shall be held in trust for the benefit of Landlord and be promptly paid or delivered to Landlord.
(e) Any person or entity to which this LeaseLease is assigned pursuant to the Bankruptcy Code, shall be deemed without further act or deed to have assumed all of the obligations arising under this Lease on and after the date of such assignment. Any such assignee shall upon demand execute and deliver to Landlord an instrument confirming such assumption. If an involuntary assignment occurs. occurs and the cure periods (if any) set out in Section 25 have passed, Landlord shall have the election of any of the remedies provided in Section 25. If Landlord should elect to terminate this Lease and Lease, this Lease shall not be treated as an asset of Tenant, and Tenant shall have no further rights under this Lease. If an attachment or execution is levied against Tenant, Tenant shall have ten (10) days in which to cause the attachment or execution to be removed.
Appears in 1 contract
Sources: Standard Industrial Lease Agreement (Innotrac Corp)
Involuntary Assignment. No An Involuntary Assignment that is not dismissed within sixty (60) days shall constitute a default by Licensee and Licensor shall have the right to elect to terminate this Agreement if same is not dismissed within sixty (60) days, in which case this Agreement shall not be treated as an asset of Licensee. All sums payable by Licensee under this Agreement shall be and remain the exclusive property of Licensor and shall not constitute property of Licensee or of the estate of Licensee within the meaning of the Bankruptcy Code, 11 U.S.C. 101 et seq., as amended from time-to-time. Such sums which are not paid or delivered to Licensor shall be held in trust for the benefit of Licensor, and shall be promptly paid or turned over to Licensor upon demand. Any person or entity to which this Agreement is assigned pursuant to the provisions of the Bankruptcy Code shall be deemed without further act or deed to have assumed all of the obligations of Licensee arising under this Agreement on and after the date of such assignment, and all of the terms and provisions of this Agreement shall be binding upon such assignee. Any such assignee shall upon demand execute and deliver such instruments and documents reasonably requested by Licensor confirming such assumption. Involuntary Assignment, as used herein, means any transfer of interest of Tenant Licensee in this Lease shall be assignable the Agreement by operation of law (including, without limitation, the transfer of this Lease Agreement by testacy or intestacy). Each , or in any bankruptcy or insolvency proceeding) and each of the following acts shall be considered an involuntary assignmentInvoluntary Assignment:
(a) If Tenant files Licensee is or has filed against it becomes bankrupt or insolvent, makes an assignment for the benefit of creditors, or institutes a petition proceeding under any bankruptcy law in which Licensee is the Bankruptcy Codebankrupt; or, as may be amendedif Licensee is a partnership or consists of more than one (1) person or entity, become if any partner of the partnership or other such person or entity is or becomes bankrupt or insolvent, or makes an assignment for the benefit of creditors; or, if Tenant is a partnership, if any partner of the partnership files or has filed against such partner a petition under the Bankruptcy Code, as may be amended, or such partner becomes insolvent, or make an assignment for the benefit of creditors;
(b) If if a writ of attachment or execution is levied on this LeaseAgreement; and/or
(c) Ifif, in any proceeding or action to which Tenant Licensee is a party, a receiver is appointed with authority to take possession of the Premises. The provisions of item Licensed Area; or (ad) of this Section shall be applicable there is any assumption, assignment, sublease or other transfer under or pursuant to any guarantor of this Lease. If an involuntary assignment occurs. Landlord shall have the election to terminate this Lease and this Lease shall not be treated as an asset of Tenant, and Tenant shall have no further rights under this Lease. If an attachment or execution is levied against Tenant, Tenant shall have ten (10) days in which to cause the attachment or execution to be removedBankruptcy Code.
Appears in 1 contract
Involuntary Assignment. No interest of Tenant in this Lease shall be assignable by operation of law (includinglaw. Without limiting the foregoing, without limitation, the transfer of this Lease by testacy or intestacy). Each each of the following acts shall be considered an involuntary assignment:
(ai) If Tenant files is or has filed against it becomes bankrupt or insolvent, makes an assignment for the benefit of creditors, or institutes a petition proceeding under the Bankruptcy CodeAct in which Tenant is the bankrupt; or, as may be amendedif Tenant is a partnership or consists of more than one person or entity, become if any general partner of the partnership or other person or entity is or becomes bankrupt or insolvent, or makes an assignment for the benefit of creditors; or, if Tenant is a partnership, if any partner of the partnership files or has filed against such partner a petition under the Bankruptcy Code, as may be amended, or such partner becomes insolvent, or make an assignment for the benefit of creditors;
(bii) If The appointment of a writ of attachment trustee or execution is levied on this Lease; and/or
(c) If, in any proceeding or action to which Tenant is a party, a receiver is appointed with authority to take possession of substantially all of Tenant's assets located at the Premises. The provisions Premises or of item (a) of this Section shall be applicable to any guarantor of Tenant's interests in this Lease, where possession is not restored to Tenant within thirty (30) days; or
(iii) The attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where seizure is not discharged within thirty (30) days. If an An involuntary assignment occurs. shall constitute an Event of Default under this Lease, and in such event Landlord shall have the election right to elect to terminate this Lease and Lease, in which case this Lease shall not be treated as an asset of Tenant, and Tenant shall have no further rights under this Lease. If an attachment or execution is levied against Tenant, Tenant shall have ten (10) days in which to cause the attachment or execution to be removed.
Appears in 1 contract
Sources: Office Lease (Niku Corp)
Involuntary Assignment. No interest of Tenant in this Lease lease shall ---------------------- be assignable by operation of law law, legal process, receivership, bankruptcy or otherwise (including, without limitation, the transfer of this Lease by testacy or intestacy"involuntary assignment"). Each of An involuntary assignment shall include but not be limited to the following acts shall be considered an involuntary assignmentfollowing:
(ai) If Tenant files is or has filed against it becomes bankrupt or insolvent; makes an assignment for the benefit of creditors, or institutes a petition proceeding under the Bankruptcy CodeAct in which Tenant is the bankrupt; or, as may be amendedif Tenant is a partnership or consists of more than one person or entity, become insolvent, if any partner of the partnership or other person or entity is or becomes bankrupt or insolvent or makes an assignment for the benefit of creditors; or, if Tenant is a partnership, if any partner of the partnership files or has filed against such partner a petition under the Bankruptcy Code, as may be amended, or such partner becomes insolvent, or make an assignment for the benefit of creditors;and/or
(bii) If a writ of attachment or execution is levied on this Leaselease; and/or
(ciii) If, in any proceeding or action to which Tenant is a party, a receiver is appointed with authority to take possession of the Premisespremises. The provisions of item (a) of this Section shall be applicable to any guarantor of this Lease. If an An involuntary assignment occurs. shall constitute a default by Tenant, and Landlord shall have the election right to elect to terminate this Lease and lease, in which case this Lease lease shall not be treated as an asset of Tenant, and Tenant shall have no further rights under this Lease. If an a writ of attachment or execution is levied against Tenanton this lease or a receiver is appointed, Tenant shall have ten thirty (1030) days in which to cause the attachment or execution or Illegible ---------- Initials -21- receiver to be removed. If any involuntary proceeding in bankruptcy is brought against Tenant, Tenant shall have sixty (60) days in which to have the involuntary proceedings dismissed.
Appears in 1 contract
Sources: Lease Agreement (Medicode Inc)
Involuntary Assignment. No interest of Tenant in this Lease shall be assignable by operation of law (including, including without limitation, the transfer of this Lease by testacy or intestacy, or in any bankruptcy or insolvency proceeding). Each of the following acts shall be considered an involuntary assignment:
: (a1) If if Tenant files is or has filed against it becomes bankrupt or insolvent, makes an assignment for the benefit of creditors, or institutes a petition proceeding under any bankruptcy law in which Tenant is the Bankruptcy Codebankrupt; or, as may be amendedif Tenant is a partnership or consists of more than one (i) person or entity, become if any partner of the partnership or other such person or entity is or becomes bankrupt or insolvent, or makes an assignment for the benefit of creditors; or, (ii) if Tenant is a partnership, if any partner of the partnership files or has filed against such partner a petition under the Bankruptcy Code, as may be amended, or such partner becomes insolvent, or make an assignment for the benefit of creditors;
(b) If a writ of attachment or execution is levied on this Lease; and/or
(ciii) Ifif, in any proceeding or action to which Tenant is a party, a receiver is appointed with authority to take possession of the Premises; or (iv) there is any assumption, assignment, sublease or other transfer under or pursuant to the Bankruptcy Code 11 U.S.C. 101 ET SEQ. The provisions of item (a) of this Section shall be applicable hereinafter referred to any guarantor of this Leaseas the "Bankruptcy Code"). If an An involuntary assignment occurs. shall constitute a default by Tenant and Landlord shall have the election right to elect to terminate this Lease and Lease, in which case this Lease shall not be treated as an asset of Tenant. If Landlord shall elect not to exercise its right hereunder to terminate this Lease in the event of an involuntary assignment then, in addition to any other rights or remedies of Landlord under this Lease or provided by law, the provisions of Sections 28.3, 28.6, 28.7, 28.9, 28.10, and 28.14 shall apply to any such involuntary assignment. Such sums, if any, payable pursuant to the referenced Sections shall be and remain the exclusive property of Landlord and shall not constitute property of Tenant or of the estate of Tenant within the meaning of the Bankruptcy Code. Such sums which are not paid or delivered to Landlord shall be hold in trust for the benefit of Landlord, and shall be promptly paid or turned over to Landlord upon demand. Any person or entity to which, this Lease is assigned pursuant to the provisions; of said Code shall be deemed without further act or deed to have no further rights assumed all of the obligations of Tenant arising under this LeaseLease on and after the daft of such assignment. If an attachment or execution is levied against Tenant, Tenant Any such assignee shall have ten (10) days in which to cause the attachment or execution to be removedupon demand execute and deliver such instruments and documents reasonably requested by Landlord confirming such assumption.
Appears in 1 contract
Sources: Office Lease (Doubletwist Inc)
Involuntary Assignment. No An Involuntary Assignment that is not dismissed within sixty (60) days shall constitute a default by Tenant and Landlord shall have the right to elect to terminate this Agreement if same is not dismissed within sixty (60) days, in which case this Agreement shall not be treated as an asset of Tenant. All sums payable by Tenant under this Agreement shall be and remain the exclusive property of Landlord and shall not constitute property of Tenant or of the estate of Tenant within the meaning of the Bankruptcy Code, 11 U.S.C. 101 et seq., as amended from time-to-time. Such sums which are not paid or delivered to Landlord shall be held in trust for the benefit of Landlord, and shall be promptly paid or turned over to Landlord upon demand. Any person or entity to which this Agreement is assigned pursuant to the provisions of the Bankruptcy Code shall be deemed without further act or deed to have assumed all of the obligations of Tenant arising under this Agreement on and after the date of such assignment, and all of the terms and provisions of this Agreement shall be binding upon such assignee. Any such assignee shall upon demand execute and deliver such instruments and documents reasonably requested by Landlord confirming such assumption. Involuntary Assignment, as used herein, means any transfer of interest of Tenant in this the Lease shall be assignable by operation of law (including, without limitation, the transfer of this Lease by testacy or intestacy). Each , or in any bankruptcy or insolvency proceeding) and each of the following acts shall be considered an involuntary assignmentInvoluntary Assignment:
(a) If Tenant files is or has filed against it becomes bankrupt or insolvent, makes an assignment for the benefit of creditors, or institutes a petition proceeding under any bankruptcy law in which Tenant is the Bankruptcy Codebankrupt; or, as may be amendedif Tenant is a partnership or consists of more than one (1) person or entity, become if any partner of the partnership or other such person or entity is or becomes bankrupt or insolvent, or makes an assignment for the benefit of creditors; or, if Tenant is a partnership, if any partner of the partnership files or has filed against such partner a petition under the Bankruptcy Code, as may be amended, or such partner becomes insolvent, or make an assignment for the benefit of creditors;
(b) If if a writ of attachment or execution is levied on this Lease; and/or
(c) Ifif, in any proceeding or action to which Tenant is a party, a receiver is appointed with authority to take possession of the Premises. The provisions of item ; or (ad) of this Section shall be applicable there is any assumption, assignment, sublease or other transfer under or pursuant to any guarantor of this Lease. If an involuntary assignment occurs. Landlord shall have the election to terminate this Lease and this Lease shall not be treated as an asset of Tenant, and Tenant shall have no further rights under this Lease. If an attachment or execution is levied against Tenant, Tenant shall have ten (10) days in which to cause the attachment or execution to be removedBankruptcy Code.
Appears in 1 contract
Sources: Specialty Lease Agreement (Eastside Distilling, Inc.)
Involuntary Assignment. No interest of Tenant in this Lease shall be assignable by operation of law (including, without limitation, the transfer of this Lease by testacy or intestacy). Each ) each of the following acts shall be considered an involuntary assignment:
(a) If Tenant files or has filed against it a petition under the Bankruptcy CodeCode (as defined below), as may be amended, become becomes insolvent, or makes an assignment for the benefit of creditors; or, if Tenant is a partnership, if any partner of the partnership files or has filed against such partner a petition under the Bankruptcy CodeAct, as may be amended, or such partner becomes insolvent, or make makes an assignment for the benefit of creditors;
(b) If a writ of attachment or execution is levied on this Lease; and/or
(c) If, in any proceeding or action to which Tenant is a party, a receiver is appointed with authority to take possession of the Leased Premises.
(d) Notwithstanding the foregoing, in the event this Lease is assigned to any person or entity pursuant to the provisos of the Bankruptcy Code 11 U.S.C. 101 et seq. The provisions of item (a) of this Section the "Bankruptcy Code"), any and all monies or other considerations payable or otherwise to be delivered in connection with such assignment shall be applicable paid or delivered to any guarantor Landlord, shall be and remain the exclusive property of Landlord and shall not constitute property of Tenant or of the estate of Tenant within the meaning of the Bankruptcy Code. Any and all monies or other considerations constituting Landlord's property under the preceding sentence not paid or delivered to Landlord shall be held in trust for the benefit of Landlord and be promptly paid or delivered to Landlord.
(e) Any person or entity to which this LeaseLease is assigned pursuant to the Bankruptcy Code, shall be deemed without further act or deed to have assumed all of the obligations arising under this Lease on and after the date of such assignment. Any such assignee shall upon demand execute and deliver to Landlord an instrument confirming such assumption. If an involuntary assignment occurs. occurs and the cure periods (if any) set out in Section 25 have passed, Landlord shall have the election of any of the remedies provided in Section 25. If Landlord should elect to terminate this Lease and Lease, this Lease shall not be treated as an asset of Tenant, and Tenant shall have no further rights under this Lease. If an attachment or execution is levied against Tenant, Tenant shall have ten (10) days in which to cause the attachment or execution to be removed.
Appears in 1 contract
Sources: Standard Industrial Lease Agreement (Innotrac Corp)
Involuntary Assignment. No Notwithstanding any provision herein contained to the contrary, the Landlord shall not be required to consent to any involuntary assignment of this Lease or of the interest of the Tenant in this Lease shall be assignable by operation of law (including, without limitation, the transfer of this Lease by testacy or intestacy)law. Each of the following acts shall be considered an involuntary assignment:
(a) If Tenant files is or has filed against it becomes bankrupt or insolvent or is a petition debtor-in-possession under any insolvency statute such as "Chapter XI" proceedings under the Bankruptcy CodeAct, as may be amendedor where Tenant makes an assignment for the benefit of creditors or institutes a proceeding under the Bankruptcy Act in which the Tenant is a bankrupt or a debtor or a debtor-in-possession or if any proceeding is instituted against the Tenant under the Bankruptcy Act; or if Tenant is a partnership or consists of more than one person or entity, become insolvent, if any partner of the partnership or other person or entity is or becomes bankrupt or insolvent or makes an assignment for the benefit of creditorscreditors or in the event any court, court officer, referee, judge, trustee or judicial officer attempts to assign or offer for sale at auction or otherwise the subject lease; or, if Tenant is a partnership, if any partner of the partnership files or has filed against such partner a petition under the Bankruptcy Code, as may be amended, or such partner becomes insolvent, or make an assignment for the benefit of creditors;
(b) If a writ of attachment or execution is levied on this Lease; and/oror
(c) If, in any proceeding or action to which Tenant is a party, a receiver is appointed with authority to take possession of the Premisespremises. The provisions of item (a) of this Section shall be applicable to any guarantor of this Lease. If an An involuntary assignment occurs. shall constitute a default by Tenant and Landlord shall have the election right to elect to terminate this Lease and Lease, in which case this Lease shall not be treated as an asset of Tenant, and Tenant shall have no further rights under this Lease. If an attachment or execution is levied against Tenant, Tenant shall have ten (10) days in which to cause the attachment or execution to be removed.
Appears in 1 contract
Involuntary Assignment. No interest of Tenant in this Lease shall be assignable by operation of law (including, including without limitation, the transfer of this Lease by testacy or intestacy, or in any bankruptcy or insolvency proceeding). Each of the following acts shall be considered an involuntary assignment:
(ai) If Tenant files is or has filed against it becomes bankrupt or insolvent, makes an assignment for the benefit of creditors, or institutes a petition proceeding under any bankruptcy law in which Tenant is the Bankruptcy Codebankrupt; or, as may be amendedif Tenant is a partnership or consists of more than one (1) person or entity, become if any partner of the partnership or other such person or entity is or becomes bankrupt or insolvent, or makes an assignment for the benefit of creditors; or, if Tenant is a partnership, if any partner of the partnership files or has filed against such partner a petition under the Bankruptcy Code, as may be amended, or such partner becomes insolvent, or make an assignment for the benefit of creditors;
(bii) If a writ of attachment or execution is levied on this Lease; and/or
(ciii) If, in any proceeding or action to which Tenant is a party, a receiver is appointed with authority to take possession of the Premises; or (iv) there is any assumption, assignment, sublease or other transfer under or pursuant to the Bankruptcy Code, 11 U.S.C. 101 et seq. The provisions of item (a) of this Section shall be applicable hereinafter referred to any guarantor of this Leaseas the "Bankruptcy Code"). If an An involuntary assignment occurs. shall constitute a default by Tenant and Landlord shall have the election right to elect to terminate this Lease and Lease, in which case this Lease shall not be treated as an asset of Tenant. If Landlord shall elect not to exercise its right hereunder to terminate this Lease in the event of an involuntary assignment, then, in addition to any other rights or remedies of Landlord under this Lease or provided by law, the provisions of Sections 28.3, 28.6, 28.7, 28.9, 28.10, and 28.14 shall apply to any such involuntary assignment. Such sums, if any, payable pursuant to the referenced Sections shall be and remain the exclusive property of Landlord and shall not constitute property of Tenant or of the estate of Tenant within the meaning of the Bankruptcy Code. Such sums which are not paid or delivered to Landlord shall be held in trust for the benefit of Landlord, and shall be promptly paid or turned over to Landlord upon demand. Any person or entity to which this Lease is assigned pursuant to the provisions of said Code shall be deemed without further act or deed to have no further rights assumed all of the obligations of Tenant arising under this LeaseLease on and after the date of such assignment. If an attachment or execution is levied against Tenant, Tenant Any such assignee shall have ten (10) days in which to cause the attachment or execution to be removedupon demand execute and deliver such instruments and documents reasonably requested by Landlord confirming such assumption.
Appears in 1 contract
Sources: Office Lease (Activision Inc /Ny)
Involuntary Assignment. No Neither this Agreement nor the leasehold estate of Tenant nor any interest of Tenant in this Lease the Premises, or in the building or Improvements thereon shall be assignable involuntarily or by operation of law (including, without limitation, the transfer of this Lease by testacy or intestacy)Law. Each of the following acts shall be considered as an involuntary assignment:
(a) If Tenant files or has filed against it a petition under the Bankruptcy Code, as may be amended, become any subtenant or assignee of Tenant is or becomes bankrupt or insolvent, or makes an assignment for the benefit of creditors; or, if or institutes an Action or Proceeding under the United States Bankruptcy Code in which Tenant is a partnership, if any partner of the partnership files or has filed against such partner a petition under the Bankruptcy Code, as may be amendedbankrupt, or such partner becomes insolvent, or make makes an assignment for the benefit of creditors;
(b) If a writ of attachment or execution is levied on this Lease; and/orAgreement;
(c) If, in any proceeding Action or Proceeding or action to which Tenant is a partyParty, a receiver is appointed with authority to take possession of the Premises. The provisions Any such attempt of item (a) of this Section involuntary assignment, transfer or sale shall be applicable to any guarantor void and of this Leaseno effect. If an An involuntary assignment occurs. shall constitute a default by Tenant and, if said default is not timely cured as hereinafter provided, Landlord shall have the election right to elect to terminate this Lease and Agreement, in which case this Lease Agreement shall not be treated as an asset of Tenant, and Tenant shall have no further rights under this Lease. If an a writ of attachment or execution is levied against Tenanton this Agreement, Tenant shall have ten (10) days in which to cause the attachment or execution to be removed. If any involuntary proceeding in bankruptcy is brought against Tenant, or if a receiver is appointed, Tenant shall have sixty (60) days in which to have the involuntary proceeding dismissed or the receiver removed. This section shall have no application to the rights of the mortgagee and/or beneficiary under an encumbrance placed upon the leasehold estate and Improvements thereon by the Tenant.
Appears in 1 contract
Sources: Lease Agreement (OCM HoldCo, LLC)
Involuntary Assignment. No Other than as described in Section 12.1, no interest of Tenant in this Lease shall be assignable by operation of law (including, without limitation, the transfer of this Lease by testacy or intestacy, or in any bankruptcy or insolvency proceeding). Each of the following acts shall be considered an involuntary assignment:
(ai) If Tenant files is or has filed against it becomes bankrupt or insolvent, makes an assignment for the benefit of creditors, or institutes a petition proceeding under any bankruptcy law in which Tenant is the Bankruptcy Codebankrupt; or, as may be amendedif Tenant is a partnership or consists of more than one (1) person or entity, become if any partner of the partnership or other such person or entity is or becomes bankrupt or insolvent, or makes an assignment for the benefit of creditors; or, if Tenant is a partnership, if any partner of the partnership files or has filed against such partner a petition under the Bankruptcy Code, as may be amended, or such partner becomes insolvent, or make an assignment for the benefit of creditors;
(bii) If a writ of attachment or execution is levied on this Lease; and/or
(ciii) If, in any proceeding or action to which Tenant is a party, a receiver is appointed with authority to take possession of the Premises; or (iv) there is any assumption, assignment, sublease or other transfer under or pursuant to the Bankruptcy Code, 11 U.S.C. 101 et seq. The provisions of item (a) of this Section shall be applicable hereinafter referred to any guarantor of this Leaseas the "Bankruptcy Code"). If an An involuntary assignment occurs. shall constitute a default by Tenant and Landlord shall have the election right to elect to terminate this Lease and Lease, in which case this Lease shall not be treated as an asset of Tenant. If Landlord shall elect not to exercise its right hereunder to terminate this Lease in the event of an involuntary assignment, then, in addition to any other rights or remedies of Landlord under this Lease or provided by law, the provisions of Sections 12.3, 12.6, 12.7, 12.8, 12.9, and 12.13 shall apply to any such involuntary assignment. Such sums, if any, payable pursuant to the referenced Sections shall be and remain the exclusive property of Landlord and shall not constitute property of Tenant or of the estate of Tenant within the meaning of the Bankruptcy Code. Such sums which are not paid or delivered to Landlord shall be held in trust for the benefit of Landlord, and shall be promptly paid or turned over to Landlord upon demand. Any person or entity to which this Lease is assigned pursuant to the provisions of the Bankruptcy Code shall be deemed without further act or deed to have no further rights assumed all of the obligations of Tenant arising under this LeaseLease on and after the date of such assignment. If an attachment or execution is levied against Tenant, Tenant Any such assignee shall have ten (10) days in which to cause the attachment or execution to be removedupon demand execute and deliver such instruments and documents reasonably requested by Landlord confirming such assumption.
Appears in 1 contract
Involuntary Assignment. No interest of Tenant in this Lease shall be assignable by operation of law (including, including without limitation, the transfer of this Lease by testacy or intestacy). Each of the following acts shall be considered an involuntary assignment:
(ai) If Tenant files is or has filed against it becomes bankrupt or insolvent, makes an assignment for the benefit of creditors, or institutes a petition proceeding under the Bankruptcy CodeAct, as may be amendedin which Tenant is the bankrupt, become or, if Tenant is a partnership or consists of more that one person or entity, of any partner of the partnership or other person or entity is or becomes bankrupt or insolvent, or makes an assignment for the benefit of creditors; or, if Tenant is a partnership, if any partner of the partnership files or has filed against such partner a petition under the Bankruptcy Code, as may be amended, or such partner becomes insolvent, or make an assignment for the benefit of creditors;
(bii) If If, a writ of attachment or execution is levied on this Lease; and/or.
(ciii) If, in any proceeding or action to which Tenant is a party, a receiver is appointed with authority to take possession of the Premisespremises. The provisions of item (a) of this Section shall be applicable to any guarantor of this Lease. If an An involuntary assignment occurs. shall constitute a default by Tenant and Landlord shall have the election right to elect to terminate this Lease and Lease, in which case this Lease shall not be treated as an asset of Tenant, and Tenant shall have no further rights under this Lease. If an a writ of attachment or execution is levied against Tenanton this Lease, Tenant shall have ten thirty (1030) days in which to cause the attachment or execution to be removed. If any involuntary proceeding of bankruptcy is brought against Tenant, or if a receiver is appointed, Tenant shall have sixty (60) days in which to have the involuntary proceeding dismissed or the receiver removed.
Appears in 1 contract
Involuntary Assignment. (a) No interest of Tenant Sublessee in this Lease Sublease shall be assignable by operation of law (including, without limitation, the transfer of this Lease by testacy or intestacy)law. Each of the following acts shall be considered an involuntary assignment:
(ai) If Tenant files Sublessee is or has filed against it becomes bankrupt or insolvent, makes an assignment for the benefit of creditors, or institutes a petition proceeding under the Bankruptcy CodeAct in which Sublessee is the bankrupt; or, as may be amendedif Sublessee is a partnership or consists of more than one person or entity, become if any partner of the partnership or other person or entity is or becomes bankrupt or insolvent, or makes an assignment for the benefit of creditors; or, if Tenant is a partnership, if any partner of the partnership files or has filed against such partner a petition under the Bankruptcy Code, as may be amended, or such partner becomes insolvent, or make an assignment for the benefit of creditors;
(bii) If a writ of attachment or execution is levied on this Lease; and/orSublease;
(ciii) If, in any proceeding or action to which Tenant Sublessee is a party, a receiver is appointed with authority to take possession of the Sublet Premises. The provisions of item .
(ab) of this Section shall be applicable to any guarantor of this Lease. If an An involuntary assignment occurs. Landlord shall constitute a default by Sublessee and Sublessor shall have the election right to elect to terminate this Lease and Sublease, in which case this Lease Sublease shall not be treated as an asset of Tenant, and Tenant shall have no further rights under this LeaseSublessee. If an a writ of attachment or execution is levied against Tenanton this Sublease, Tenant Sublessee shall have ten (10) days in which to cause the attachment or execution to be removed. If any involuntary proceeding in bankruptcy is brought against Sublessee, or if a receiver is appointed, Sublessee shall have sixty (60) days in which to have the involuntary proceeding dismissed or the receiver removed.
Appears in 1 contract
Sources: Sublease (Inland Western Retail Real Estate Trust Inc)
Involuntary Assignment. (a) No interest of Tenant Sublessee in this Lease Sublease shall be assignable by operation of law (including, without limitation, the transfer of this Lease Sublease by testacy or intestacy). Each of the following acts shall be considered an involuntary assignment:
(a1) If Tenant files Sublessee is or has filed against it becomes bankrupt or insolvent, makes an assignment for the benefit of creditors, or institutes a petition proceeding under the Bankruptcy CodeAct in which Sublessee is the bankrupt; or, as may be amendedif Sublessee is a partnership or consists of more than one person or entity, become if any partner of the partnership or other person or entity is or becomes bankrupt or insolvent, or makes an assignment for the benefit of creditors; or, if Tenant is a partnership, if any partner of the partnership files or has filed against such partner a petition under the Bankruptcy Code, as may be amended, or such partner becomes insolvent, or make an assignment for the benefit of creditors;
(b2) If a writ of attachment or execution is levied on this Lease; and/orSublease;
(c3) If, in any proceeding or action to which Tenant Sublessee is a party, a receiver is appointed with authority to take possession of the Sublet Premises. The provisions of item .
(ab) of this Section shall be applicable to any guarantor of this Lease. If an An involuntary assignment occurs. Landlord shall constitute a default by Sublessee and Sublessor shall have the election right to elect to terminate this Lease and Sublease, in which case this Lease Sublease shall not be treated as an asset of Tenant, and Tenant shall have no further rights under this LeaseSublessee. If an a writ of attachment or execution is levied against Tenanton this Sublease, Tenant Sublessee shall have ten (10) days in which to cause the attachment or execution to be removed. If any involuntary proceeding in bankruptcy is brought against Sublessee, or if a receiver is appointed, Sublessee shall have sixty (60) days in which to have the involuntary proceeding dismissed or the receiver removed.
Appears in 1 contract
Sources: Sublease (Inland Real Estate Corp)
Involuntary Assignment. No interest of Tenant in this Lease shall be ---------------------- assignable by operation of law (includinglaw. Without limiting the foregoing, without limitation, the transfer of this Lease by testacy or intestacy). Each each of the following acts shall be considered an involuntary assignment:
(a) Transfer of this Lease by testacy or intestacy;
(b) If Tenant files is or has filed against it becomes bankrupt or insolvent, makes an assignment for the benefit of creditors, or institutes a petition proceeding under the Bankruptcy CodeAct in which Tenant is the bankrupt; or, as may be amendedif Tenant is a partnership or consists of more than one person or entity, become if any general partner of the partnership or other person or entity is or becomes bankrupt or insolvent, or makes an assignment for the benefit of creditors; or, if Tenant is a partnership, if any partner of the partnership files or has filed against such partner a petition under the Bankruptcy Code, as may be amended, or such partner becomes insolvent, or make an assignment for the benefit of creditors;
(b) If a writ of attachment or execution is levied on this Lease; and/or
(c) If, in any proceeding The appointment of a trustee or action to which Tenant is a party, a receiver is appointed with authority to take possession of substantially all of Tenant's assets located at the Premises. Premises or of Tenant's interests in this Lease, where possession is not restored to Tenant within sixty (60) days so long as no monetary default exists under this Lease; or
(d) The provisions attachment, execution or other judicial seizure of item substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where seizure is not discharged within sixty (a60) of this Section shall be applicable to any guarantor of days so long as no monetary default exists under this Lease. If an An involuntary assignment occurs. shall constitute a default by Tenant and Landlord shall have the election right to elect to terminate this Lease and Lease, in which case this Lease shall not be treated as an asset of Tenant, and Tenant shall have no further rights under this Lease. If an attachment or execution is levied against Tenant, Tenant shall have ten (10) days in which to cause the attachment or execution to be removed.
Appears in 1 contract
Involuntary Assignment. No interest of Tenant ▇▇▇▇▇▇ in this Lease Agreement shall be assignable by operation of law (law, including, without limitation, the transfer of this Lease Agreement by testacy or intestacy). Each of the following acts shall be considered an involuntary assignment:
(ai) If Tenant files City is or has filed against it becomes bankrupt or insolvent, makes an assignment for the benefit of creditors, or institutes a petition proceeding under the Bankruptcy CodeAct in which City is the bankrupt party; or, as may be amendedif the City is a partnership or consists of more than one person or entity, become if any partner of the partnership or other person or entity is or becomes bankrupt or insolvent, or makes an assignment for the benefit of creditors; or, if Tenant is a partnership, if any partner of the partnership files or has filed against such partner a petition under the Bankruptcy Code, as may be amended, or such partner becomes insolvent, or make an assignment for the benefit of creditors;
(bii) If a writ of attachment or execution is levied on this Lease; and/orLease Agreement;
(ciii) If, in any proceeding or action to which Tenant ▇▇▇▇▇▇ is a party, a receiver is appointed with authority to take possession of the Leased Premises. The provisions of item .
(aiv) of this Section shall be applicable to any guarantor of this Lease. If an An involuntary assignment occurs. Landlord shall constitute a default by City and Lessor shall have the election right to elect to terminate this Lease and Agreement, in which case this Lease Agreement shall not be treated as an asset of Tenant, and Tenant shall have no further rights under this Lease. City.
(v) If an a writ of attachment or execution is levied against Tenanton this Lease Agreement, Tenant City shall have ten (10) days in which to cause the attachment or execution to be removed. If any involuntary proceeding in bankruptcy is brought against ▇▇▇▇▇▇, or if a receiver is appointed, Lessee shall have sixty (60) days in which to have the involuntary proceeding dismissed or the receiver removed.
Appears in 1 contract
Involuntary Assignment. No interest of Tenant in this Lease shall be assignable by operation of law (including, including without limitation, the transfer of this Lease by testacy or intestacy, or in any bankruptcy or insolvency proceeding). Each of the following acts shall be considered an involuntary assignment:
(ai) If Tenant files is or has filed against it becomes bankrupt or insolvent, makes an assignment for the benefit of creditors, or institutes a petition proceeding under any bankruptcy law in which Tenant is the Bankruptcy Codebankrupt; or, as may be amendedif Tenant is a partnership or consists of more than one (1) person or entity, become if any partner of the partnership or other such person or entity is or becomes bankrupt or insolvent, or makes an assignment for the benefit of creditors; or, if Tenant is a partnership, if any partner of the partnership files or has filed against such partner a petition under the Bankruptcy Code, as may be amended, or such partner becomes insolvent, or make an assignment for the benefit of creditors;
(bii) If a writ of attachment or execution is levied on this Lease; and/or
(ciii) If, in any proceeding or action to which Tenant is a party, a receiver is appointed with authority to take possession of the Premises; or (iv) there is any assumption, assignment, sublease or other transfer under or pursuant to the Bankruptcy Code, 11 U.S.C. 101 ET SEQ (hereinafter referred to as the "Bankruptcy Code"). The provisions of item (a) of this Section shall be applicable to any guarantor of this Lease. If an An involuntary assignment occurs. shall constitute a default by Tenant and Landlord shall have the election right to elect to terminate this Lease and Lease, in which case this Lease shall not be treated as an asset of Tenant. If Landlord shall elect not to exercise its right hereunder to terminate this Lease in the event of an involuntary assignment, then, in addition to any other rights or remedies of Landlord under this Lease or provided by law, the provisions of Sections 28.3, 28.6, 28.7, 28.9, 28.10, and 28.14 shall apply to any such involuntary assignment. Such sums, if any, payable pursuant to the referenced Sections shall be and remain the exclusive property of Landlord and shall not constitute property of Tenant or of the estate of Tenant within the meaning of the Bankruptcy Code. Such sums which are not paid or delivered to Landlord shall be held in trust for the benefit of Landlord, and shall be promptly paid or turned over to Landlord upon demand. Any person or entity to which this Lease is assigned pursuant to the provisions of said Code shall be deemed without further act or deed to have no further rights assumed all of the obligations of Tenant arising under this LeaseLease on and after the date of such assignment. If an attachment or execution is levied against Tenant, Tenant Any such assignee shall have ten (10) days in which to cause the attachment or execution to be removedupon demand execute and deliver such instruments and documents reasonably requested by Landlord confirming such assumption.
Appears in 1 contract
Sources: Office Lease (Trimark Holdings Inc)