Monetary Damages. Any damage or loss of rent sustained by LANDLORD as a result of an Event of Bankruptcy may be recovered by LANDLORD, at LANDLORD'S option, at the time of the reletting, or in separate actions, from time to time, as said damage shall have been made more easily ascertainable by successive relettings, or in a single proceeding deferred until the expiration of the term of this Lease (in which event TENANT hereby agrees that the cause of action shall not be deemed to have accrued until the date of expiration of said term) or in a single proceeding prior to either the time of reletting or the expiration of the term of this Lease, in which event TENANT agrees to pay LANDLORD the difference between the present value of the rent reserved under this Lease on the date of breach, discounted at eight percent per annum, and the fair market rental value of the Demised Premises on the date of breach. In the event TENANT becomes the subject debtor in a case under the Bankruptcy Code the provisions of this Section "13.1 (B) (iv)" may be limited by the limitations of damage provisions of the Bankruptcy Code.
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Samples: Indenture of Lease (Ikon Ventures Inc), Indenture of Lease (Intelli Check Inc), Total Tel Usa Communications Inc
Monetary Damages. Any damage or loss of rent sustained by LANDLORD as a result of an Event of Bankruptcy may be recovered by LANDLORD, at LANDLORD'S option, at the time of the reletting, or in separate actions, from time to time, as said damage shall have been made more easily ascertainable by successive relettings, or or, in a single proceeding deferred until the expiration of the term of this Lease lease (in which event TENANT hereby agrees that the cause of action shall not be deemed to have accrued until the date of expiration of said term) or in a single proceeding prior to either the time of reletting or the expiration of the term of this Leaselease, in which event TENANT agrees to pay LANDLORD the difference between the present value of the rent reserved under this Lease lease on the date of breach, discounted at eight percent per annum, and the fair market rental value of the Demised Premises on the date of breach. In the event TENANT becomes the subject debtor in a case under the Bankruptcy Code the provisions of this Section "13.1 (B) (iv)" may be limited by the limitations of damage provisions of the Bankruptcy Code.
Appears in 2 contracts
Samples: Agreement (Delta Financial Corp), Uniforce Temporary Personnel Inc
Monetary Damages. Any damage or loss of rent sustained by LANDLORD Landlord as a result of an Event of Bankruptcy may be recovered by LANDLORDLandlord, at LANDLORD'S Landlord’s option, at the time of the reletting, or in separate actions, from time to time, as said damage shall have been made more easily ascertainable by successive relettings, or or, in a single proceeding deferred until the expiration of the term of this Lease (in which event TENANT Tenant hereby agrees that the cause of action shall not be deemed to have accrued until the date of expiration of said term) or in a single proceeding prior to either the time of reletting or the expiration of the term of this Lease, in which event TENANT Tenant agrees to pay LANDLORD Landlord the difference between the present value of the rent reserved under this Lease on the date of breach, discounted at eight six percent (6%) per annum, and the fair market rental value of the Demised Premises Lease on the date of breach, which value shall take into account the time value of money (the “Fair Market Value”). In the event TENANT Tenant becomes the subject debtor in a case under the Bankruptcy Code Code, the provisions of this Section "13.1 (B16(b)(iv) (iv)" may be limited by the limitations of damage provisions of the Bankruptcy Code.
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Monetary Damages. Any damage occurring or loss of rent sustained by LANDLORD Landlord as a result of an Event of Bankruptcy may be recovered by LANDLORDLandlord, at LANDLORD'S Landlord’s option, at the time of the reletting, or in separate actions, from time to time, as said damage shall have been made more easily ascertainable by successive relettings, or or, in a single proceeding deferred until the expiration of the term of this Lease (in which event TENANT Tenant hereby agrees that the cause of action shall not be deemed to have accrued until the date of expiration of said term) or in a single proceeding prior to either the time of reletting or the expiration of the term of this Lease, in which event TENANT Tenant agrees to pay LANDLORD Landlord the difference between the present value of the rent reserved under this Lease on the date of breach, discounted at eight percent (8%) per annum, and the fair market rental value of the Demised Premises Lease on the date of breach. In the event TENANT Tenant becomes the subject debtor in a case under the Bankruptcy Code Code, the provisions of this Section "13.1 (B¶16(b)(iv) (iv)" may be limited by the limitations of damage provisions of the Bankruptcy Code.
Appears in 1 contract
Monetary Damages. Any damage damages occurring or loss of rent sustained by LANDLORD Landlord as a result of an Event of Bankruptcy may be recovered by LANDLORDLandlord, at LANDLORD'S Landlord’s option, at the time of the reletting, or in separate actions, from time to time, as said damage shall have been made more easily ascertainable by successive relettings, or or, in a single proceeding deferred until the expiration of the term terms of this Lease (in which event TENANT Tenant hereby agrees that the cause of action shall not be deemed to have accrued until the date of expiration of said term) or in a single proceeding prior to either the time of reletting or the expiration of the term of this Lease, in which event TENANT Tenant agrees to pay LANDLORD Landlord the difference between the present value of the rent reserved under this Lease on the date of breach, discounted at eight percent (8%) per annum, and the fair market rental value of the Demised Premises Lease on the date of breach. In the event TENANT Tenant becomes the subject debtor in a case under the Bankruptcy Code Code, the provisions of this Section "13.1 (B¶16(b)(iv) (iv)" may be limited by the limitations of damage provisions of the Bankruptcy Code.
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Monetary Damages. Any damage or loss of or rent sustained by LANDLORD Landlord as a result of an Event of Bankruptcy may be recovered by LANDLORDLandlord, at LANDLORD'S Landlord's option, at the time of the reletting, or in separate actions, from time to time, as said damage shall have been made more easily ascertainable by successive relettings, or or, in a single proceeding deferred until the expiration of the term of this Lease (in which event TENANT Tenant hereby agrees that the cause of action shall not be deemed to have accrued until the date of expiration of said term) or in a single proceeding prior to either the time of reletting or the expiration of the term of this Lease, in which event TENANT Tenant agrees to pay LANDLORD Landlord the difference between the present value of the rent reserved under this Lease on the date of breach, discounted at eight percent (8%) per annum, and the fair market rental value of the Demised Premises Lease on the date of breach. In the event TENANT Tenant becomes the subject debtor in a case under the Bankruptcy Code Code, the provisions of this Section "13.1 (BParagraph 16(b)(iv) (iv)" may be limited by the limitations of damage provisions of the Bankruptcy Code.. (v)
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