LESSEE'S DEFAULT. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Lessee:
LESSEE'S DEFAULT. In the event Lessee defaults in the payment of any of the rentals or other sums provided to be paid hereunder which is not remedied within fifteen (15) days after written notice of such default is given by Lessor to Lessee and Lessee’s lenders as set forth in Schedule A; or, if Lessee defaults in the observance or performance of any other covenant, condition, agreement or provision hereof which is not remedied within thirty (30) days after written notice of such default is given by Lessor to Lessee and Lessee’s lenders as set forth on Schedule A (so long as Lessee’s right hereunder of remediation or cure of said default has not been excluded pursuant to the terms of this Lease); provided, however, that if such default cannot be cured within said thirty (30) day period then such thirty (30) day period shall be extended by such time as is necessary for Lessee to effect such cure as long as (i) Lessee or Lessee’s lenders are diligently prosecuting such cure, and (ii) Lessee or any of Lessee’s lenders deliver a written notice to Lessor prior to the expiration of the initial thirty (30) day period in which Lessee or any of Lessee’s lenders notify Lessor that it cannot cure the default within such thirty (30) day period and Lessee or any of Lessee’s lenders represent to Lessor that they will diligently prosecute to cure such default; or, if Lessee becomes insolvent or bankrupt, conveys substantially all its assets, admits its inability to pay its debts as they mature, or makes an assignment for the benefit of creditors, or applies for or consents to the appointment of a trustee or receiver; or if a bankruptcy, reorganization, arrangement, insolvency, or liquidation proceeding, or other proceedings for relief under the bankruptcy law or similar law for the relief of debtors are instituted by or against Lessee; then, in any such event, Lessor may, at its option, in addition to any other remedy available to Lessor hereunder, or at law or in equity, upon fifteen (15) days written prior notice to Lessee, exercise any one or more of the following remedies without any further notice or demand:
LESSEE'S DEFAULT. The following events shall constitute defaults on the part of Lessee hereunder: the failure of the Lessee to pay any installment or rental when due: any breach or failure of Lessee to observe or perform any of its other obligations hereunder and the continuance of such default for 15 days after notice in writing to Lessee of the existence of such default; and the institution by or against Lessee of bankruptcy, reorganization, arrangement, assignment for the benefit of creditors, or insolvency proceedings. Upon the occurrence of any such default, Lessor may declare this lease in default and thereupon the equipment and all rights of the Lessee therein shall be surrendered to Lessor. Lessor may take possession of the equipment and all rights of Xxxxxx therein shall be surrendered to Xxxxxx. Lessor may take possession of the equipment wherever found, with or without process of law, and for this purpose may enter upon any premises of Lessee without liability for suit, action or other proceeding by Xxxxxx and remove the same. With respect to the equipment repossessed by Lessor, Lessor shall be entitled, in addition to the net amounts realized by Lessor through the sale, lease or other disposition of the equipment, to all damages sustained, including all sums due and unpaid, and all sums to become due as rentals to the end of the lease term, had it not been terminated by Lessor, less the re-rental or other value thereof. No delay or omission to exercise any right, power or remedy accruing to Lessor pursuant to this clause shall be a waiver of any breach or default by Lessee, or an acquiescence therein, or of any similar breach or default thereafter occurring.
LESSEE'S DEFAULT. The occurrence of any of the following shall constitute a default by Lessee:
LESSEE'S DEFAULT. If Lessee delivers Lessee's Purchase Option Notice and fails to consummate the purchase of the Leased Property in accordance with the terms hereof for any reason other than Lessor's willful and unexcused refusal to deliver the Deed or exercise of the right of rescission in Section 18.3.2 hereof, (a) Lessee shall thereafter have no further right to purchase the Leased Property pursuant to this Section, although this Lease shall otherwise continue in full force and effect and (b) Lessor shall have the right to xxx for specific performance of Lessee's obligations to purchase the Leased Property provided such suit for specific performance is commenced within one (1) year after the applicable Purchase Option Date on which such sale was supposed to occur.
LESSEE'S DEFAULT. Lessee will be in "Default" if (i) Lessee fails to pay Base Rent, additional expenses or any other amount owning hereunder when due, and such failure continues for five (5) days after written notice to Lessee of such failure; (ii) Lessee fails to perform any other material covenant or agreement contained in this Lease within thirty (30) days after written notice of the failure from Lessor; provided, however if the failure is of such a nature that it cannot be cured within said thirty (30) day period, Lessee will not be deemed in default provided Lessee commences to cure the default within said thirty (30) day period and thereafter continuously prosecutes such cure to completion; and/or (iii) Lessee vacates or abandons the Leased Premises or removes or manifests an intention to remove Lessee's goods and property from the Leased Premises other than in the ordinary course of its business; and/or (iv) Lessee is adjudicated a bankrupt in a proceeding initiated by or against it or a receiver for Lessee or for all or a substantial part of its property is appointed, or a court order is entered approving a petition seeking reorganization or an arrangement under the Bankruptcy Code, and any such adjudication, appointment or order is not vacated, set aside or otherwise terminated or stayed within sixty (60) days from the date of its entry.
LESSEE'S DEFAULT. Each of the following events shall be deemed to be events of default by Lessee under this Lease:
LESSEE'S DEFAULT. Each of the following events shall constitute an "Event of Default" hereunder:
LESSEE'S DEFAULT. (i) If Lessee shall default in the payment of the Fixed Annual Rent, any additional rent or any other sums payable by Lessee herein when due, and such default shall continue for a period of five (5) days after written notice, or (ii) if Lessee shall default in the performance of any nonmonetary covenants or agreements of this Lease and said default shall continue for twenty (20) days after written notice thereof, or in the event that the default be of such a nature as cannot with diligent effort be cured within said twenty (20) day period, if Lessee shall not commence to cure within said period and diligently prosecute remedial efforts to completion within a reasonable time thereafter, not to exceed sixty (60) (iii) if Lessee should become bankrupt or insolvent or any debtor proceedings be taken by or against Lessee or (iv) if Lessee shall abandon or vacate the Premises prior to the expiration of the term of this Lease, then and in addition to any and all other legal remedies and rights available to Lessor at law or in equity, Lessor may:
LESSEE'S DEFAULT. Any of the following events or occurrences shall constitute a material breach of this Lease by Lessee, and, after the expiration of any applicable grace period, shall constitute an event of default:
