Common use of No Termination or Abatement Clause in Contracts

No Termination or Abatement. Lessee shall remain obligated under --------------------------- this Lease in accordance with its terms and shall not take any action to terminate, rescind or avoid this Lease, notwithstanding any action for bankruptcy, insolvency, reorganization, liquidation, dissolution, or other proceeding affecting Lessor, or any action with respect to this Lease which may be taken by any trustee, receiver or liquidator of Lessor or by any court with respect to Lessor, except as otherwise expressly provided herein. Lessee hereby waives all right (i) to terminate or surrender this Lease, except as otherwise expressly provided herein, or (ii) to avail itself of any abatement, suspension, deferment, reduction, setoff, counterclaim or defense with respect to any Rent. Lessee shall remain obligated under this Lease in accordance with its terms and Lessee hereby waives any and all rights now or hereafter conferred by statute or otherwise to modify or to avoid strict compliance with its obligations under this Lease. Notwithstanding any such statute or otherwise, Lessee shall be bound by all of the terms and conditions contained in this Lease.

Appears in 2 contracts

Samples: Lease (Ebay Inc), Lease (Sailors Inc)

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No Termination or Abatement. The Lessee shall remain obligated under --------------------------- this Lease in accordance with its terms and shall not take any action to terminate, rescind or avoid this LeaseLease (except as provided herein), notwithstanding any action for bankruptcy, insolvency, reorganization, liquidation, dissolution, or other proceeding affecting Lessorthe Lessor or any Participant, or any action with respect to this Lease which may be taken by any trustee, receiver or liquidator of the Lessor or any Participant or by any court with respect to Lessor, except as otherwise expressly provided hereinthe Lessor or any Participant. The Lessee hereby waives all right (i) to terminate or surrender this Lease (except as provided herein) or except as a consequence of a reduction in the Property Cost as a result of Casualty or Condemnation proceeds pursuant to the terms of Section 14.3(a) of this Lease, except or as otherwise expressly provided hereina result of a purchase of any or all of the Property pursuant to Section 18.1 of this Lease, or (ii) to avail itself of any abatement, suspension, deferment, reduction, setoff, counterclaim or defense with respect to any Rentthe Property Cost. The Lessee shall remain obligated under this Lease in accordance with its terms and the Lessee hereby waives any and all rights now or hereafter conferred by statute or otherwise to modify or to avoid strict compliance with its obligations under this LeaseLease and the Operative Documents. Notwithstanding any such statute or otherwise, the Lessee shall be bound by all of the terms and conditions contained in this Lease.

Appears in 2 contracts

Samples: Lease (Adobe Systems Inc), Lease (Adobe Systems Inc)

No Termination or Abatement. Lessee shall remain obligated under --------------------------- this Lease in accordance with its terms and the terms of the other Operative Documents and shall not take any action to terminate, rescind or avoid this LeaseLease (except as provided herein) to the fullest extent permitted by Applicable Laws, notwithstanding any action for bankruptcy, insolvency, reorganization, liquidation, dissolution, or other proceeding affecting Lessor, the Administrative Agent or any Participant, or any action with respect to this Lease which may be taken by any trustee, receiver or liquidator of Lessor Lessor, the Administrative Agent or any Participant or by any court with respect to Lessor, except as otherwise expressly provided hereinthe Administrative Agent or any Participant. Lessee hereby waives all right (i) to terminate or surrender this Lease, Lease (except as otherwise expressly provided herein, herein or (iiunder the terms of the other Operative Documents) or to avail itself of any abatement, suspension, deferment, reduction, setoff, counterclaim or defense with respect to any Rent. Lessee shall remain obligated under this Lease in accordance with its terms and the terms of the other Operative Documents and Lessee hereby waives any and all rights now or hereafter conferred by statute or otherwise to modify or to avoid strict compliance with its obligations under this Lease. Notwithstanding any such statute or otherwise, Lessee shall be bound by all of the terms and conditions contained in this Lease.

Appears in 2 contracts

Samples: Debt and Security Agreement, Debt and Security Agreement (Norfolk Southern Corp)

No Termination or Abatement. The Lessee shall remain obligated under --------------------------- this Lease in accordance with its terms and the terms of the other Operative Documents and shall not take any action to terminate, rescind or avoid this LeaseLease (except as pursuant to the terms of this Lease and the other Operative Documents) to the fullest extent permitted by Applicable Laws, notwithstanding any action for bankruptcy, insolvency, reorganization, liquidation, dissolution, or other proceeding affecting the Lessor, the Administrative Agent or any Participant, or any action with respect to this Lease which may be taken by any trustee, receiver or liquidator of Lessor the Lessor, the Administrative Agent or any Participant or by any court with respect to the Lessor, except as otherwise expressly provided hereinthe Administrative Agent or any Participant. The Lessee hereby waives waives, to the extent permitted by Applicable Law, all right (i) to terminate or surrender this Lease, Lease (except as otherwise expressly provided herein, ) or (ii) to avail itself of any abatement, suspension, deferment, reduction, setoff, counterclaim or defense (other than prior payment in full of all Obligations then due and payable) with respect to any RentRent (except as expressly permitted in this Lease at Section 12.1 to the extent a Permitted Contest thereunder relates to the payment of Supplemental Rent to a Person other than Administrative Agent, Lessor or any Participant). The Lessee shall remain obligated under this Lease in accordance with its terms and the terms of the other Operative Documents and the Lessee hereby waives waives, to the extent permitted by Applicable Law, any and all rights now or hereafter conferred by statute or otherwise to modify or to avoid strict compliance with its obligations under this Lease. Notwithstanding any such statute or otherwise, the Lessee shall be bound by all of the terms and conditions contained in this Lease.

Appears in 2 contracts

Samples: Lease (Kansas City Power & Light Co), Kansas City Power & Light Co

No Termination or Abatement. The Lessee shall remain obligated --------------------------- under --------------------------- this Lease in accordance with its terms and shall not take any action to terminate, rescind or avoid this Lease, notwithstanding any action for bankruptcy, insolvency, reorganization, liquidation, dissolution, or other proceeding affecting the Lessor, or any action with respect to this Lease which may be taken by any trustee, receiver or liquidator of the Lessor or by any court with respect to the Lessor, except as otherwise expressly provided herein. The Lessee hereby waives all right (i) to terminate or surrender this Lease, Lease (except as otherwise expressly provided herein, ) or (ii) to avail itself of any abatement, suspension, deferment, reduction, setoff, counterclaim or defense with respect to any Rent. The Lessee shall remain obligated under this Lease in accordance with its terms and the Lessee hereby waives any and all rights now or hereafter conferred by statute or otherwise to modify or to avoid strict compliance with its obligations under this Lease. Notwithstanding any such statute or otherwise, the Lessee shall be bound by all of the terms and conditions contained in this Lease.. Notwithstanding anything contained in this Article IX, this Lease may be terminated by Lessor pursuant to, inter alia, ---------- ---------- Sections 19.1 and 20.2 hereof. ------------- ----

Appears in 2 contracts

Samples: Brookdale Living Communities Inc, Brookdale Living Communities Inc

No Termination or Abatement. The Lessee shall remain obligated under --------------------------- this Lease in accordance with its terms and shall not take any action to terminateterminate (except as provided herein), rescind or avoid this Lease, notwithstanding any action for bankruptcy, insolvency, reorganization, liquidation, dissolution, or other proceeding affecting the Lessor, the Agent, any Participant or the Lessee or any action with respect to this Lease or any Operative Document which may be taken by any trustee, receiver or liquidator of Lessor the Lessor, the Agent, any Participant or the Lessee or by any court with respect to the Lessor, except as otherwise expressly provided hereinthe Agent or any Participant. The Lessee hereby waives waives, to the extent permitted by Applicable Law, all right (i) to terminate or surrender this Lease, Lease (except as otherwise expressly provided herein, ) or (ii) to avail itself of any abatement, suspension, deferment, reduction, setoff, counterclaim or defense (other than the defense of payment) with respect to any Rent. The Lessee shall remain obligated under this Lease in accordance with its terms and the Lessee hereby waives waives, to the extent permitted by Applicable Law, any and all rights now or hereafter conferred by statute or otherwise to modify or to avoid strict compliance with its obligations under this Lease. Notwithstanding any such statute or otherwise, the Lessee shall be bound by all of the terms and conditions contained in this Lease.

Appears in 2 contracts

Samples: Master Lease (Bea Systems Inc), Trust and Security Agreement (Asyst Technologies Inc /Ca/)

No Termination or Abatement. The Lessee shall remain obligated under --------------------------- this Lease in accordance with its terms and the terms of the other Operative Documents to which Lessee or an Affiliate of Lessee is a party and shall not take any action to terminate, rescind or avoid this LeaseLease (except as provided herein or in the other Operative Documents) to the fullest extent permitted by Applicable Laws, notwithstanding any action for bankruptcy, insolvency, reorganization, liquidation, dissolution, or other proceeding affecting Lessor, the Administrative Agent or any Participant, or any action with respect to this Lease which may be taken by any trustee, receiver or liquidator of Lessor Lessor, the Administrative Agent or any Participant or by any court with respect to Lessor, except as otherwise expressly provided hereinthe Administrative Agent or any Participant. The Lessee hereby waives all right (i) to terminate or surrender this Lease, Lease (except as otherwise expressly provided herein, herein or (iiin the other Operative Documents) or to avail itself of any abatement, suspension, deferment, reduction, setoff, counterclaim or defense with respect to any RentRent payable to any Participant or the Administrative Agent. The Lessee shall remain obligated under this Lease in accordance with its terms and the terms of the other Operative Documents to which Lessee or an Affiliate of Lessee is a party and the Lessee hereby waives any and all rights now or hereafter conferred by statute or otherwise to modify or to avoid strict compliance with its obligations under this Lease. Notwithstanding any such statute or otherwise, the Lessee shall be bound by all of the terms and conditions contained in this Lease.

Appears in 2 contracts

Samples: Lease and Remedies Agreement (Regeneron Pharmaceuticals Inc), Lease and Remedies Agreement (Regeneron Pharmaceuticals Inc)

No Termination or Abatement. The Lessee shall remain obligated under --------------------------- this Lease in accordance with its terms and the terms of the other Operative Documents to which Lessee or an Affiliate of Lessee is a party and shall not take any action to terminate, rescind or avoid this LeaseLease (except as provided herein or in the other Operative Documents) to the fullest extent permitted by Applicable Laws, notwithstanding any action for bankruptcy, insolvency, reorganization, liquidation, dissolution, or other proceeding affecting Lessor, the Administrative Agent or any Participant, or any action with respect to this Lease which may be taken by any trustee, receiver or liquidator of Lessor Lessor, the Administrative Agent or any Participant or by any court with respect to Lessor, except as otherwise expressly provided hereinthe Administrative Agent or any Participant. The Lessee hereby waives all right (i) to terminate or surrender this Lease, Lease (except as otherwise expressly provided herein, herein or (iiin the other Operative Documents) or to avail itself of any abatement, suspension, deferment, reduction, setoff, counterclaim or defense with respect to any RentRent payable to any Participant or the Administrative Agent. The Lessee shall remain obligated under this Lease in accordance with its terms and the terms of the other Operative Documents to which Lessee or an Affiliate of Lessee is a party and the Lessee hereby waives any and all rights now conferred as of the Restatement Date or hereafter conferred thereafter by statute or otherwise to modify or to avoid strict compliance with its obligations under this Lease. Notwithstanding any such statute or otherwise, the Lessee shall be bound by all of the terms and conditions contained in this Lease.

Appears in 2 contracts

Samples: Lease and Remedies Agreement (Regeneron Pharmaceuticals, Inc.), Lease and Remedies Agreement (Regeneron Pharmaceuticals, Inc.)

No Termination or Abatement. The Lessee shall remain obligated under --------------------------- this Lease in accordance with its terms and the terms of the other Operative Documents and shall not take any action to terminate, rescind or avoid this LeaseLease (except as provided herein) to the fullest extent permitted by Applicable Laws, notwithstanding any action for bankruptcy, insolvency, reorganization, liquidation, dissolution, or other proceeding affecting the Lessor, the Collateral Agent or any Lender, or any action with respect to this Lease which may be taken by any trustee, receiver or liquidator of Lessor the Lessor, the Collateral Agent or any Lender or by any court with respect to the Lessor, except as otherwise expressly provided hereinthe Collateral Agent or any Lender. The Lessee hereby waives all right (i) to terminate or surrender this Lease, Lease (except as otherwise expressly provided herein, ) or (ii) to avail itself of any abatement, suspension, deferment, reduction, setoff, counterclaim or defense with respect to any Rent. The Lessee shall remain obligated under this Lease in accordance with its terms and the terms of the other Operative Documents and the Lessee hereby waives any and all rights now or hereafter conferred by statute or otherwise to modify or to avoid strict compliance with its obligations under this Lease. Notwithstanding any such statute or otherwise, the Lessee shall be bound by all of the terms and conditions contained in this Lease.

Appears in 2 contracts

Samples: Trust and Security Agreement (Silicon Laboratories Inc), Trust and Security Agreement (Silicon Laboratories Inc)

No Termination or Abatement. The Lessee shall remain obligated under --------------------------- this Lease in accordance with its terms and shall not take any action to terminate, rescind or avoid this Lease, notwithstanding any action for bankruptcy, insolvency, reorganization, liquidation, dissolution, or other proceeding affecting the Lessor, the Agent or any Participant, or any action with respect to this Lease or any Operative Document which may be taken by any trustee, receiver or liquidator of Lessor the Lessor, the Agent or any Participant or by any court with respect to the Lessor, except as otherwise expressly provided hereinthe Agent or any Participant. The Lessee hereby waives all right (i) to terminate or surrender this Lease, Lease (except as otherwise expressly provided herein, ) or (ii) except as otherwise provided in this Lease or the Participation Agreement with regard to withholding taxes, to avail itself of any abatement, suspension, deferment, reduction, setoff, counterclaim or defense (other than the defense of payment) with respect to any Rent. The Lessee shall remain obligated under this Lease in accordance with its terms and the Lessee hereby waives any and all rights now or hereafter conferred by statute or otherwise to modify or to avoid strict compliance with its obligations under this Lease. Notwithstanding any such statute or otherwise, the Lessee shall be bound by all of the terms and conditions contained in this Lease.

Appears in 2 contracts

Samples: Participation Agreement (Vitesse Semiconductor Corp), Participation Agreement (Quantum Corp /De/)

No Termination or Abatement. Lessee shall remain obligated under --------------------------- this Lease in accordance with its terms and shall not take any action to terminate, rescind or avoid this Lease, notwithstanding any action for bankruptcy, insolvency, reorganization, liquidation, dissolution, or other proceeding affecting Lessor, or any action with respect to this Lease which may be taken by any trustee, receiver or liquidator of Lessor or by any court with respect to Lessor, except as otherwise expressly provided herein. Lessee hereby waives all right (i) to terminate or surrender this Lease, except as otherwise expressly provided hereinherein or in the other Operative Agreements, or (ii) to avail itself of any abatement, suspension, deferment, reduction, setoff, counterclaim or defense with respect to any Rent. Lessee shall remain obligated under this Lease in accordance with its terms and and, to the extent permitted by law, Lessee hereby waives any and all rights now or hereafter conferred by statute or otherwise to modify or to avoid strict compliance with its obligations under this Lease. Notwithstanding any such statute or otherwise, to the extent permitted by law, Lessee shall be bound by all of the terms and conditions contained in this Lease.

Appears in 1 contract

Samples: Hanover Compressor Co /

No Termination or Abatement. The Lessee and the Lessor shall remain obligated under --------------------------- this Lease in accordance with its terms and shall not take any action to terminateterminate (except as provided herein), rescind or avoid this Lease, notwithstanding any action for bankruptcy, insolvency, reorganization, liquidation, dissolution, or other proceeding affecting the Lessor, the Agent, any Participant or the Lessee or any action with respect to this Lease or any Operative Document which may be taken by any trustee, receiver or liquidator of Lessor the Lessor, the Agent, any Participant or the Lessee or by any court with respect to the Lessor, except as otherwise expressly provided hereinthe Agent or any Participant. The Lessee hereby waives waives, to the extent permitted by Applicable Law, all right (i) to terminate or surrender this Lease, Lease (except as otherwise expressly provided herein, ) or (ii) to avail itself of any abatement, suspension, deferment, reduction, setoff, counterclaim or defense (other than the defense of payment) with respect to any Rent. The Lessee and the Lessor shall remain obligated under this Lease in accordance with its terms and Lessee each hereby waives waives, to the extent permitted by Applicable Law, any and all rights now or hereafter conferred by statute or otherwise to modify or to avoid strict compliance with its obligations under this Lease. Notwithstanding any such statute or otherwise, the Lessee and the Lessor shall be bound by all of the terms and conditions contained in this Lease.

Appears in 1 contract

Samples: Master Lease (Triquint Semiconductor Inc)

No Termination or Abatement. The Lessee shall remain obligated under --------------------------- this Lease in accordance with its terms and shall not take any action to terminate, rescind or avoid this LeaseLease (except as provided herein), notwithstanding any action for bankruptcy, insolvency, reorganization, liquidation, dissolution, or other proceeding affecting Lessorthe Lessor or any Participant, or any action with respect to this Lease which may be taken by any trustee, receiver or liquidator liquidation of the Lessor or any Participant or by any court with respect to Lessor, except as otherwise expressly provided hereinthe Lessor or any Participant. The Lessee hereby waives all right (i) to terminate or surrender this Lease (except as provided herein) or except as a consequence of a reduction in the Lease Balance as a result of Casualty or Condemnation proceeds pursuant to the terms of Section 14.1(a) of this Lease, except or as otherwise expressly provided hereina result of a purchase of any or all of the Properties pursuant to Section 18.1 of this Lease, or (ii) to avail itself of any abatement, suspension, deferment, reduction, setoff, counterclaim or defense with respect to any Rentthe Lease Balance. The Lessee shall remain obligated under this Lease in accordance with its terms and the Lessee hereby waives to the fullest extent permitted by law any and all rights now or hereafter conferred by statute or otherwise to modify or to avoid strict compliance with its obligations under this LeaseLease and the Operative Documents. Notwithstanding any such statute or otherwise, the Lessee shall be bound by all of the terms and conditions contained in this Lease.. Master Lease

Appears in 1 contract

Samples: Master Lease (Citrix Systems Inc)

No Termination or Abatement. The Lessee shall remain obligated under --------------------------- this Lease in accordance with its terms and shall not take any action to terminate, rescind or avoid this LeaseLease (except as provided herein), notwithstanding any action for bankruptcy, insolvency, reorganization, liquidation, dissolution, or other proceeding affecting Lessorthe Lessor or any Participant, or any action with respect to this Lease which may be taken by any trustee, receiver or liquidator liquidation of the Lessor or any Participant or by any court with respect to Lessor, except as otherwise expressly provided hereinthe Lessor or any Participant. The Lessee hereby waives all right (i) to terminate or surrender this Lease (except as provided herein) or except as a consequence of a reduction in the Lease Balance as a result of Casualty or Condemnation proceeds pursuant to the terms of Section 14.1(a) of this Lease, except or as otherwise expressly provided hereina result of a purchase of any or all of the Properties pursuant to Section 18.1 of this Lease, or (ii) to avail itself of any abatement, suspension, deferment, reduction, setoff, counterclaim or defense with respect to any Rentthe Lease Balance. The Lessee shall remain obligated under this Lease in accordance with its terms and the Lessee hereby waives to the fullest extent permitted by law any and all rights now or hereafter conferred by statute or otherwise to modify or to avoid strict compliance with its obligations under this LeaseLease and the Operative Documents. Notwithstanding any such statute or otherwise, the Lessee shall be bound by all of the terms and conditions contained in this Lease.

Appears in 1 contract

Samples: Master Lease (Citrix Systems Inc)

No Termination or Abatement. The Lessee shall remain obligated --------------------------- under --------------------------- this Lease in accordance with its terms and shall not take any action to terminate, rescind or avoid this Lease, notwithstanding any action for bankruptcy, insolvency, reorganization, liquidation, dissolution, or other proceeding affecting the Lessor, or any action with respect to this Lease which may be taken by any trustee, receiver or liquidator of the Lessor or by any court with respect to the Lessor, except as otherwise expressly provided herein. The Lessee hereby waives all right (i) to terminate or surrender this Lease, Lease (except as otherwise expressly provided herein, ) or (ii) to avail itself of any abatement, suspension, deferment, reduction, setoff, counterclaim or defense with respect to any Rent. The Lessee shall remain obligated under this Lease in accordance with its terms during the Term (and following the expiration of the Term with respect to those obligations which this Lease provides survive the expiration or termination of this Lease) and the Lessee hereby waives any and all rights now or hereafter conferred by statute or otherwise to modify or to avoid strict compliance with its obligations under this Lease. Notwithstanding any such statute or otherwise, the Lessee shall be bound by all of the terms and conditions contained in this Lease.

Appears in 1 contract

Samples: Lease Agreement (Ein Acquisition Corp)

No Termination or Abatement. The Lessee shall remain obligated under --------------------------- this Master Lease in accordance with its terms and shall not take any action to terminate, rescind or avoid this LeaseMaster Lease (except as provided herein), notwithstanding any action for bankruptcy, insolvency, reorganization, liquidation, dissolution, or other proceeding affecting Lessorany Participant, or any action with respect to this Master Lease which may be taken by any trustee, receiver or liquidator of Lessor any Participant or by any court with respect to Lessor, except as otherwise expressly provided hereinany Participant. The Lessee hereby waives waives, to the extent permitted by law, all right (i) to terminate or surrender this Lease, Master Lease (except as otherwise expressly provided herein, ) or (ii) to avail itself of any abatement, suspension, deferment, reduction, setoff, counterclaim or defense (other than the defense of final, irrevocable payment) with respect to any Rent. The Lessee shall remain obligated under this Master Lease in accordance with its terms and the Lessee hereby waives waives, to the extent permitted by law, any and all rights now or hereafter conferred by statute or otherwise to modify or to avoid strict compliance with its obligations under this Master Lease. Notwithstanding any such statute or otherwise, the Lessee shall be bound by all of the terms and conditions contained in this Lease.Master Lease and the Lease Supplements. Tandem Health Care of Ohio, Inc. Master Lease Article VI

Appears in 1 contract

Samples: Master Lease (Tandem Health Care, Inc.)

No Termination or Abatement. The Lessee shall remain obligated --------------------------- under --------------------------- this Lease in accordance with its terms and shall not take any action to terminateterminate (except as provided herein), rescind or avoid this Lease, notwithstanding any action for bankruptcy, insolvency, reorganization, liquidation, dissolution, or other proceeding affecting the Lessor, the Agent, any Participant or the Lessee or any action with respect to this Lease or any Operative Document which may be taken by any trustee, receiver or liquidator of Lessor the Lessor, the Agent, any Participant or the Lessee or by any court with respect to the Lessor, except as otherwise expressly provided hereinthe Agent or any Participant. The Lessee hereby waives waives, to the extent permitted by Applicable Law, all right (i) to terminate or surrender this Lease, Lease (except as otherwise expressly provided herein, ) or (ii) to avail itself of any abatement, suspension, deferment, reduction, setoff, counterclaim or defense (other than the defense of payment) with respect to any Rent. The Lessee shall remain obligated under this Lease in accordance with its terms and the Lessee hereby waives waives, to the extent permitted by Applicable Law, any and all rights now or hereafter conferred by statute or otherwise to modify or to avoid strict compliance with its obligations under this Lease. Notwithstanding any such statute or otherwise, the Lessee shall be bound by all of the terms and conditions contained in this Lease.

Appears in 1 contract

Samples: Master Lease (Bea Systems Inc)

No Termination or Abatement. The Lessee shall remain obligated under --------------------------- this Lease in accordance with its terms and shall not take any action to terminate, rescind or avoid this Lease, notwithstanding any action for bankruptcy, insolvency, reorganization, liquidation, dissolution, or other proceeding affecting the Lessor, the Indenture Trustee or any Participant, or any action with respect to this Lease or any Operative Document which may be taken by any trustee, receiver or liquidator of Lessor the Lessor, the Indenture Trustee or any Participant or by any court with respect to the Lessor, except as otherwise expressly provided hereinthe Indenture Trustee or any Participant. The Lessee hereby waives all right (i) to terminate or surrender this Lease, Lease (except as otherwise expressly provided herein, ) or (ii) to avail itself of any abatement, suspension, deferment, reduction, setoff, counterclaim or defense (other than the defense of payment) with respect to any Rent. The Lessee shall remain obligated under this Lease in accordance with its terms and the Lessee hereby waives any and all rights now or hereafter conferred by statute or otherwise to modify or to avoid strict compliance with its obligations under this Lease. Notwithstanding any such statute or otherwise, the Lessee shall be bound by all of the terms and conditions contained in this Lease.

Appears in 1 contract

Samples: Master Lease (Peoplesoft Inc)

No Termination or Abatement. Lessee shall remain obligated under --------------------------- this Lease in accordance with its terms and the terms of the other Operative Documents and shall not take any action to terminate, rescind or avoid this LeaseLease to the fullest extent permitted by Applicable Laws, notwithstanding any action for bankruptcy, insolvency, reorganization, liquidation, dissolution, or other proceeding affecting LessorLessee, Agent Lessor or any Participant, or any action with respect to this Lease which may be taken by any trustee, receiver or liquidator of Lessee, Agent Lessor or any Participant or by any court with respect to Lessee, Agent Lessor, except as otherwise expressly provided hereinAdministrative Agent or any Participant. Lessee hereby waives all right (i) to terminate or surrender this Lease, Lease (except as otherwise expressly provided herein, ) or (ii) to avail itself of any abatement, suspension, deferment, reduction, setoff, counterclaim or defense with respect to any Rent. Lessee shall remain obligated under this Lease in accordance with its terms and the terms of the other Operative Documents and Lessee hereby waives any and all rights now or hereafter conferred by statute or otherwise to modify or to avoid strict compliance with its obligations under this Lease. Notwithstanding any such statute or otherwise, Lessee shall be bound by all of the terms and conditions contained in this Lease.

Appears in 1 contract

Samples: Secures Future Advances (Adc Telecommunications Inc)

No Termination or Abatement. The Lessee shall remain obligated under --------------------------- this Master Lease in accordance with its terms and shall not take any action to terminate, rescind or avoid this LeaseMaster Lease (except as provided herein), notwithstanding any action for bankruptcy, insolvency, reorganization, liquidation, dissolution, or other proceeding affecting Lessorthe Lessor or any Lender, or any action with respect to this Master Lease which may be taken by any trustee, receiver or liquidator of the Lessor or any Lender or by any court with respect to Lessor, except as otherwise expressly provided hereinthe Lessor or any Lender. The Lessee hereby waives all right rights (i) to terminate or surrender this Lease, Master Lease (except as otherwise expressly provided herein, ) or (ii) to avail itself of any abatement, suspension, deferment, reduction, setoffset- off, counterclaim or defense with respect to any Rent. The Lessee shall remain obligated under this Master Lease in accordance with its terms and the Lessee hereby waives any and all rights now or hereafter conferred by statute or otherwise to modify or to avoid strict compliance with its obligations under this Master Lease. Notwithstanding any such statute or otherwise, the Lessee shall be bound by all of the terms and conditions contained in this Master Lease.

Appears in 1 contract

Samples: Master Equipment Lease and Security Agreement (Mail Well Inc)

No Termination or Abatement. The Lessee shall remain obligated under --------------------------- this Master Lease in accordance with its terms and shall not take any action to terminate, rescind or avoid this LeaseMaster Lease (except as provided herein), notwithstanding any action for bankruptcy, insolvency, reorganization, liquidation, dissolution, or other proceeding affecting Lessor, the Lessor or any action with respect to this Master Lease which may be taken by any trustee, receiver or liquidator of the Lessor or by any court with respect to the Lessor, except as otherwise expressly provided herein. The Lessee hereby waives all right (i) to terminate or surrender this Master Lease (except as provided herein) or except as a consequence of a reduction in the Lease Balance as a result of Casualty or Condemnation proceeds pursuant to the terms of Section 14.1 of this Master Lease, except or as otherwise expressly provided hereina result of a purchase of the Property pursuant to Section 18.1 of this Master Lease, or (ii) to avail itself of any abatement, suspension, deferment, reduction, setoff, counterclaim or defense with respect to any Rentthe Lease Balance. The Lessee shall remain obligated under this Master Lease in accordance with its terms and the Lessee hereby waives any and all rights now or hereafter conferred by statute or otherwise to modify or to avoid strict compliance with its obligations under this LeaseMaster Lease and the Operative Documents. Notwithstanding any such statute or otherwise, the Lessee shall be bound by all of the terms and conditions contained in this Master Lease.

Appears in 1 contract

Samples: Master Lease (Electronics for Imaging Inc)

No Termination or Abatement. Each Lessee shall remain obligated under --------------------------- this Lease in accordance with its terms and the terms of the other Operative Documents and shall not take any action to terminate, rescind or avoid this LeaseLease (except as provided herein) to the fullest extent permitted by Applicable Laws, notwithstanding any action for bankruptcy, insolvency, reorganization, liquidation, dissolution, or other proceeding affecting Lessor, Collateral Agent or any Participant, or any action with respect to this Lease which may be taken by any trustee, receiver or liquidator of Lessor Lessor, Collateral Agent or any Participant or by any court with respect to Lessor, except as otherwise expressly provided hereinCollateral Agent or any Participant. Each Lessee hereby waives waives, to the extent permitted by Applicable Laws, all right (i) to terminate or surrender this Lease, Lease (except as otherwise expressly provided herein, ) or (ii) to avail itself of any abatement, suspension, deferment, reduction, setoff, counterclaim or defense with respect to any Rent. Each Lessee shall remain obligated under this Lease in accordance with its terms and the terms of the other Operative Documents and each Lessee hereby waives waives, to the extent permitted by Applicable Laws, any and all rights now or hereafter conferred by statute or otherwise to modify or to avoid strict compliance with its obligations under this Lease. Notwithstanding any such statute or otherwise, Lessee Lessees, jointly and severally, shall be bound by all of the terms and conditions contained in this Lease.. ARTICLE VI

Appears in 1 contract

Samples: Master Lease (Mandalay Resort Group)

No Termination or Abatement. Lessee shall remain obligated under --------------------------- this Lease in accordance with its terms and the terms of the other Operative Documents and shall not take any action to terminateterminate (except as expressly permitted herein), rescind or avoid this LeaseLease to the fullest extent permitted by Applicable Laws, notwithstanding any action for bankruptcy, insolvency, reorganization, liquidation, dissolution, or other proceeding affecting Lessor, Administrative Agent or any Participant, or any action with respect to this Lease which may be taken by any trustee, receiver or liquidator of Lessor Lessor, Administrative Agent or any Participant or by any court with respect to Lessor, except as otherwise expressly provided hereinAdministrative Agent or any Participant. Lessee hereby waives waives, to the extent permitted by Applicable Laws, all right (i) to terminate or surrender this Lease, Lease (except as otherwise expressly provided herein, ) or (ii) to avail itself of any abatement, suspension, deferment, reduction, setoff, counterclaim or defense with respect to any Rent. Lessee shall remain obligated under this Lease in accordance with its terms and the terms of the other Operative Documents and Lessee hereby waives waives, to the extent permitted by Applicable Laws, any and all rights now or hereafter conferred by statute or otherwise to modify or to avoid strict compliance with its obligations under this Lease. Notwithstanding any such statute or otherwise, Lessee shall be bound by all of the terms and conditions contained in this Lease.

Appears in 1 contract

Samples: Teletech Holdings Inc

No Termination or Abatement. Each Lessee shall remain obligated under --------------------------- this Lease in accordance with its terms and the terms of the other Operative Documents and shall not take any action to terminate, rescind or avoid this LeaseLease (except as provided herein) to the fullest extent permitted by Applicable Laws, notwithstanding any action for bankruptcy, insolvency, reorganization, liquidation, dissolution, or other proceeding affecting Lessor, Collateral Agent or any Lender, or any action with respect to this Lease which may be taken by any trustee, receiver or liquidator of Lessor Lessor, Collateral Agent or any Lender or by any court with respect to Lessor, except as otherwise expressly provided hereinCollateral Agent or any Lender. Each Lessee hereby waives waives, to the extent permitted by Applicable Laws, all right (i) to terminate or surrender this Lease, Lease (except as otherwise expressly provided herein, ) or (ii) to avail itself of any abatement, suspension, deferment, reduction, setoff, counterclaim or defense with respect to any Rent. Each Lessee shall remain obligated under this Lease in accordance with its terms and the terms of the other Operative Documents and each Lessee hereby waives waives, to the extent permitted by Applicable Laws, any and all rights now or hereafter conferred by statute or otherwise to modify or to avoid strict compliance with its obligations under this Lease. Notwithstanding any such statute or otherwise, Lessee Lessees, jointly and severally, shall be bound by all of the terms and conditions contained in this Lease.

Appears in 1 contract

Samples: Master Lease (Mandalay Resort Group)

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No Termination or Abatement. Lessee shall remain obligated under --------------------------- this Lease in accordance with its terms and shall not take any action to terminate, rescind or avoid this Lease, notwithstanding any action for bankruptcy, insolvency, reorganization, liquidation, dissolution, or other proceeding affecting Lessor, or any action with respect to this Lease which may be taken by any trustee, receiver or liquidator of Lessor or by any court with respect to Lessor, except as otherwise expressly provided herein. Lessee hereby waives all right (i) to terminate or surrender this Lease, (except as otherwise expressly provided hereinherein or under the applicable terms of any other Operative Agreement), or (ii) to avail itself of any abatement, suspension, deferment, reduction, setoff, counterclaim or defense with respect to any RentRent (except as otherwise expressly provided herein or under the applicable terms of any other Operative Agreement). Lessee shall remain obligated under this Lease in accordance with its terms and Lessee hereby waives any and all rights now or hereafter conferred by statute or otherwise to modify or to avoid strict compliance with its obligations under this Lease. Notwithstanding any such statute or otherwise, Lessee shall be bound by all of the terms and conditions contained in this Lease.

Appears in 1 contract

Samples: Lease (Immunex Corp /De/)

No Termination or Abatement. The Lessee shall remain obligated under --------------------------- this Lease in accordance with its terms and shall not take any action to terminateterminate (except as provided herein), rescind or avoid this Lease, notwithstanding any action for bankruptcy, insolvency, reorganization, liquidation, dissolution, or other proceeding affecting the Lessor, the Agent, any Participant or the Lessee or any action with respect to this Lease or any Operative Document which may be taken by any trustee, receiver or liquidator of Lessor the Lessor, the Agent, any Participant or the Lessee or by any court with respect to the Lessor, except as otherwise expressly provided hereinthe Agent or any Participant. The Lessee hereby waives waives, to the extent permitted by Applicable Law, all right (i) to terminate or surrender this Lease, Lease (except as otherwise expressly provided herein, ) or (ii) to avail itself of any abatement, suspension, deferment, reduction, setoff, counterclaim or defense (other than the defense of payment) with respect to any Rent. The Lessee shall remain obligated under this Lease in accordance with its terms and the Lessee hereby waives waives, to the extent permitted by Applicable Law, any and all rights now or hereafter conferred by statute or otherwise to modify or to avoid strict compliance with its obligations under this Lease. Notwithstanding any such statute or otherwise, the Lessee shall be bound by all of the terms and conditions contained in this Lease.

Appears in 1 contract

Samples: Master Lease (Yahoo Inc)

No Termination or Abatement. The Lessee shall remain obligated --------------------------- under --------------------------- this Lease in accordance with its terms and shall not take any action to terminate, rescind or avoid this LeaseLease (except as provided herein), notwithstanding any action for bankruptcy, insolvency, reorganization, liquidation, dissolution, or other proceeding affecting the Lessor, or any action with respect to this Lease which may be taken by any trustee, receiver or liquidator of the Lessor or by any court with respect to the Lessor, except as otherwise expressly provided herein. The Lessee hereby waives all right (i) to terminate or surrender this Lease, Lease (except as otherwise expressly provided herein, ) or (ii) to avail itself of any abatement, suspension, deferment, reduction, setoff, counterclaim or defense with respect to any Rentamount payable hereunder. The Lessee shall remain obligated under this Lease in accordance with its terms and the Lessee hereby waives any and all rights now or hereafter conferred by statute or otherwise to modify or to avoid strict compliance with its obligations under this Lease. Notwithstanding any such statute or otherwise, the Lessee shall be bound by all of the terms and conditions contained in this Lease.

Appears in 1 contract

Samples: Lease (Palm Inc)

No Termination or Abatement. The Lessee shall remain obligated under --------------------------- this Master Lease in accordance with its terms and shall not take any action to terminate, rescind or avoid this Lease, Master Lease (except as provided herein) notwithstanding any action for bankruptcy, insolvency, reorganization, liquidation, dissolution, dissolution or other proceeding affecting Lessor, any Transaction Party or any action with respect to this Master Lease which may be taken by any trustee, receiver or liquidator of Lessor any Transaction Party or by any court with respect to Lessor, except as otherwise expressly provided hereinany Transaction Party. The Lessee hereby waives all right (i) to terminate or surrender this Lease, Master Lease (except as otherwise expressly provided herein, ) or (ii) to avail itself of any abatement, suspension, deferment, reduction, setoff, counterclaim or defense with respect to any Basic Rent or Supplemental Rent. The Lessee shall remain obligated under this Master Lease in accordance with its terms and to the extent waivable under applicable law, the Lessee hereby waives any and all rights now or hereafter conferred by statute or otherwise to modify or to avoid strict compliance with its obligations under this Master Lease. Notwithstanding any such statute or otherwise, the Lessee shall be bound by all of the terms and conditions contained in this Master Lease.

Appears in 1 contract

Samples: Electronic Arts Inc

No Termination or Abatement. Lessee shall remain obligated --------------------------- under --------------------------- this Lease in accordance with its terms and, consistent with the intention of the parties expressed in Sections 2.9 and 13.1, shall not take any action to ------------ ---- terminate, rescind or avoid this Lease, notwithstanding any action for bankruptcy, insolvency, reorganization, liquidation, dissolution, or other proceeding affecting LessorLessor or any Certificate Purchaser, or any action with respect to this Lease which may be taken by any trusteecustodian, receiver receiver, liquidator, assignee, trustee or liquidator sequestrator (or other similar official) of Lessor or by any court with respect to Lessor, except as otherwise expressly provided hereinsuch Person. Lessee hereby waives all right (i) to terminate or surrender this Lease, Lease (except as otherwise expressly provided herein, ) or (ii) to avail itself of any abatement, suspension, deferment, reduction, setoff, counterclaim or defense with respect to any Rent. Lessee shall remain obligated under this Lease in accordance with its terms terms, and Lessee hereby waives any and all rights now or hereafter conferred by statute or otherwise to modify or to avoid strict compliance with its obligations under this Lease. Notwithstanding any such statute or otherwise, Lessee shall be bound by all of the terms and conditions contained in this Lease.

Appears in 1 contract

Samples: Lease Agreement (Alco Standard Corp)

No Termination or Abatement. Lessee shall remain obligated under --------------------------- this Lease in accordance with its terms and the terms of the other Operative Documents and shall not take any action to terminateterminate (except as expressly permitted herein), rescind or avoid this LeaseLease to the fullest extent permitted by Applicable Laws, notwithstanding any action for bankruptcy, insolvency, reorganization, liquidation, dissolution, or other proceeding affecting Lessor, Administrative Agent or any Participant, or any action with respect to this Lease which may be taken by any trustee, receiver or liquidator of Lessor Lessor, Administrative Agent or any Participant or by any court with respect to Lessor, except as otherwise expressly provided hereinAdministrative Agent or any Participant. Lessee hereby waives waives, to the extent permitted by Applicable Laws, all right (i) to terminate or surrender this Lease, Lease (except as otherwise expressly provided herein, ) or (ii) to avail itself of any abatement, suspension, deferment, reduction, setoff, counterclaim or defense with respect to any Rent. Lessee shall remain obligated under this Lease in accordance with its terms and the terms of the other Operative Documents and Lessee hereby waives waives, to the extent permitted by Applicable Laws, any and all rights now or hereafter conferred by statute or otherwise to modify or to avoid strict compliance with its obligations under this Lease. Notwithstanding any such statute or otherwise, Lessee shall be bound by all of the terms and conditions contained in this Lease.this

Appears in 1 contract

Samples: Lease (Teletech Holdings Inc)

No Termination or Abatement. Lessee shall remain obligated under --------------------------- this Lease in accordance with its terms and the terms of the other Operative Documents and shall not take any action to terminate, rescind or avoid this LeaseLease (except as provided herein) to the fullest extent permitted by Applicable Laws, notwithstanding any action for bankruptcy, insolvency, reorganization, liquidation, dissolution, or other proceeding affecting Lessor, the Administrative Agent or any Participant, or any action with respect to this Lease which may be taken by any trustee, receiver or liquidator of Lessor Lessor, the Administrative Agent or any Participant or by any court with respect to Lessor, except as otherwise expressly provided hereinthe Administrative Agent or any Participant. Lessee hereby waives all right (i) to terminate or surrender this Lease, Lease (except as otherwise expressly provided herein, herein or (iiunder the terms of the other Operative Documents) or to avail itself of any abatement, suspension, deferment, reduction, setoff, counterclaim or defense with respect to any Rent. Lessee shall remain obligated under this Lease in accordance with its terms and the terms of the other Operative Documents and Lessee hereby waives any and all rights now or hereafter conferred by statute or otherwise to modify or to avoid strict compliance with its obligations under this Lease. Notwithstanding any such statute or otherwise, Lessee shall be bound by all of the terms and conditions contained in this Lease.. ARTICLE VI

Appears in 1 contract

Samples: Debt and Security Agreement

No Termination or Abatement. Lessee The Sublessee shall β€” remain obligated under --------------------------- this Lease Sublease in accordance accordance. with its terms and shall not take any action to terminate, rescind or avoid this LeaseSublease (except as provided herein), notwithstanding any action for bankruptcy, insolvency, reorganization, liquidation, dissolution, or other proceeding affecting Lessorthe Sublessor, or any action with respect to this Lease Sublease which may be taken by any trustee, receiver or liquidator liquidation of Lessor the Sublessor or by any court with respect to Lessor, except as otherwise expressly provided hereinthe Sublessor. Lessee The Sublessee hereby waives all right (i) to terminate or surrender this Lease, Sublease (except as otherwise expressly provided herein, ) or (ii) to avail itself of any abatement, suspension, deferment, reduction, setoff, counterclaim or defense with respect to the Basic Rent or any Rentother payments due under this Sublease. Lessee The Sublessee shall remain obligated under this Lease Sublease in accordance with its terms and Lessee the Sublessee hereby waives to the fullest extent permitted by law any and all rights now now. or hereafter conferred by statute or otherwise to modify or to avoid strict compliance with its obligations under this LeaseSublease. Notwithstanding any such statute or otherwise, Lessee the Sublessee shall be bound by all of the terms and conditions contained in this LeaseSublease.

Appears in 1 contract

Samples: Sublease (Acambis PLC)

No Termination or Abatement. The Lessee shall remain obligated under --------------------------- this Master Lease in accordance with its terms and shall not take any action to terminate, rescind or avoid this LeaseMaster Lease (except as provided herein), notwithstanding any action for bankruptcy, insolvency, reorganization, liquidation, dissolution, or other proceeding affecting Lessorthe Lessor or any Participant, or any action with respect to this Master Lease which may be taken by any trustee, receiver or liquidator of the Lessor or any Participant or by any court with respect to Lessor, except as otherwise expressly provided hereinthe Lessor or any Participant. The Lessee hereby waives all right (i) to terminate or surrender this Master Lease (except as provided herein) or except as a consequence of a reduction in the Lease Balance as a result of Casualty or Condemnation proceeds pursuant to the terms of Section 14.1 of this Master Lease, except or as otherwise expressly provided hereina result of a purchase of any or all of the Properties pursuant to Section 18.1 of this Master Lease, or (ii) to avail itself of any abatement, suspension, deferment, reduction, setoff, counterclaim or defense with respect to any Rentthe Lease Balance. The Lessee shall remain obligated under this Master Lease in accordance with its terms and the Lessee hereby waives any and all rights now or hereafter conferred by statute or otherwise to modify or to avoid strict compliance with its obligations under this LeaseMaster Lease and the Operative Documents. Notwithstanding any such statute or otherwise, the Lessee shall be bound by all of the terms and conditions contained in this Master Lease.

Appears in 1 contract

Samples: Master Lease (Electronics for Imaging Inc)

No Termination or Abatement. The Lessee shall remain obligated under --------------------------- this Lease in accordance with its terms and shall not take any action to terminate, rescind or avoid this Lease, notwithstanding any action for bankruptcy, insolvency, reorganization, liquidation, dissolution, or other proceeding affecting the Lessor, or any action with respect to this Lease which may be taken by any trustee, receiver or liquidator of the Lessor or by any court with respect to the Lessor, except as otherwise expressly provided herein. The Lessee hereby waives all right (i) to terminate or surrender this Lease, Lease (except as otherwise expressly provided herein, ) or (ii) to avail itself of any abatement, suspension, deferment, reduction, setoff, counterclaim or defense with respect to any Rent. The Lessee shall remain obligated under this Lease in accordance with its terms and the Lessee hereby waives any and all rights now or hereafter conferred by statute or otherwise to modify or to avoid strict compliance with its obligations under this Lease. Notwithstanding any such statute or otherwise, the Lessee shall be bound by all of the terms and conditions contained in this Lease.. Notwithstanding anything contained in this Article IX, this Lease may be terminated by Lessor pursuant to, inter alia, ---------- ----- ---- Sections 19.1 and 20.2 hereof. ------------- ----

Appears in 1 contract

Samples: Brookdale Living Communities Inc

No Termination or Abatement. The Lessee shall remain obligated under --------------------------- this Amended and Restated Master Lease in accordance with its terms and shall not take any action to terminate, rescind or avoid this LeaseAmended and Restated Master Lease (except as provided herein), notwithstanding any action for bankruptcy, insolvency, reorganization, liquidation, dissolution, or other proceeding affecting Lessor, the Lessor or any action with respect to this Amended and Restated Master Lease which may be taken by any trustee, receiver or liquidator of the Lessor or by any court with respect to the Lessor, except as otherwise expressly provided herein. The Lessee hereby waives all right (i) to terminate or surrender this Amended and Restated Master Lease (except as provided herein) or except as a consequence of a reduction in the Lease Balance as a result of Casualty or Condemnation proceeds pursuant to the terms of Section 14.1 of this Amended and Restated Master Lease, except or as otherwise expressly provided hereina result of a purchase of the Property pursuant to Section 18.1 of this Amended and Restated Master Lease, or (ii) to avail itself of any abatement, suspension, deferment, reduction, setoff, counterclaim or defense with respect to any Rentthe Lease Balance. The Lessee shall remain obligated under this Amended and Restated Master Lease in accordance with its terms and the Lessee hereby waives any and all rights now or hereafter conferred by statute or otherwise to modify or to avoid strict compliance with its obligations under this LeaseAmended and Restated Master Lease and the Operative Documents. Notwithstanding any such statute or otherwise, the Lessee shall be bound by all of the terms and conditions contained in this Amended and Restated Master Lease.

Appears in 1 contract

Samples: Master Lease (Electronics for Imaging Inc)

No Termination or Abatement. The Lessee shall remain obligated under --------------------------- this Master Lease in accordance with its terms and shall not take any action to terminate, rescind or avoid this LeaseMaster Lease (except as provided herein), notwithstanding any action for bankruptcy, insolvency, reorganization, liquidation, dissolution, or other proceeding affecting Lessorany Participant, or any action with respect to this Master Lease which may be taken by any trustee, receiver or liquidator of Lessor any Participant or by any court with respect to Lessor, except as otherwise expressly provided hereinany Participant. The Lessee hereby waives waives, to the extent permitted by law, all right (i) to terminate or surrender this Lease, Master Lease (except as otherwise expressly provided herein, ) or (ii) to avail itself of any abatement, suspension, deferment, reduction, setoff, counterclaim or defense with respect to any Rent. The Lessee shall remain obligated under this Master Lease in accordance with its terms and the Lessee hereby waives waives, to the extent permitted by law, any and all rights now or hereafter conferred by statute or otherwise to modify or to avoid strict compliance with its obligations under this Master Lease. Notwithstanding any such statute or otherwise, the Lessee shall be bound by all of the terms and conditions contained in this Lease.Master Lease and the Lease Supplement. ARTICLE VI

Appears in 1 contract

Samples: Sabre Holdings Corp

No Termination or Abatement. The Lessee shall remain obligated --------------------------- under --------------------------- this Master Lease in accordance with its terms and shall not take any action to terminate, rescind or avoid this LeaseMaster Lease (except as provided herein, including among such exceptions the right to exercise purchase options hereunder), notwithstanding any action for bankruptcy, insolvency, reorganization, liquidation, dissolution, or other proceeding affecting Lessorthe Lessor or any Participant, or any action with respect to this Master Lease which may be taken by any trustee, receiver or liquidator of the Lessor or any Participant or by any court with respect to Lessor, except as otherwise expressly provided hereinthe Lessor or any Participant. The Lessee hereby waives all right (i) to terminate or surrender this LeaseMaster Lease (except as provided herein) or, except as otherwise expressly provided hereina consequence of the payment of the Lease Balance as a result of the payment of Casualty or Condemnation proceeds pursuant to the terms of Section 14.1 of this Master Lease, or (ii) as a result of a ------------ purchase of the Property pursuant to Section 18.1, to avail itself of any ------------ abatement, suspension, deferment, reduction, setoff, counterclaim or defense with respect to any Rentthe Lease Balance. The Lessee shall remain obligated under this Master Lease in accordance with its terms and the Lessee hereby waives any and all rights now or hereafter conferred by statute or otherwise to modify or to avoid strict compliance with its obligations under this LeaseMaster Lease and the Operative Documents. Notwithstanding any such statute or otherwise, the Lessee shall be bound by all of the terms and conditions contained in this Master Lease.

Appears in 1 contract

Samples: Master Lease (Palm Inc)

No Termination or Abatement. The Lessee shall shall, to the extent permitted by Applicable Law, remain obligated under --------------------------- this Master Lease in accordance with its terms and shall not take any action to terminate, rescind or avoid this LeaseMaster Lease (except as provided herein), notwithstanding any action for bankruptcy, insolvency, reorganization, liquidation, dissolution, or other proceeding affecting Lessorany Participant, or any action with respect to this Master Lease which may be taken by any trustee, receiver or liquidator of Lessor any Participant or by any court with respect to Lessor, except as otherwise expressly provided hereinany Participant. The Lessee hereby waives waives, to the extent permitted by Applicable Law, all right (i) to terminate or surrender this Lease, Master Lease (except as otherwise expressly provided herein, ) or (ii) to avail itself of any abatement, suspension, deferment, reduction, setoff, counterclaim or defense with respect to any Rent. The Lessee shall remain obligated under this Master Lease in accordance with its terms and the Lessee hereby waives waives, to the extent permitted by Applicable Law, any and all rights now or hereafter conferred by statute or otherwise to modify or to avoid strict compliance with its obligations under this Master Lease. Notwithstanding any such statute or otherwise, the Lessee shall shall, to the extent permitted by Applicable Law, be bound by all of the terms and conditions contained in this Master Lease.

Appears in 1 contract

Samples: Trust and Security Agreement (Alumax Inc)

No Termination or Abatement. Lessee shall remain obligated under --------------------------- this Lease in accordance with its terms and shall not take any action to terminate, rescind or avoid this Lease, notwithstanding any action for bankruptcy, insolvency, reorganization, liquidation, dissolution, or other proceeding affecting LessorLessee or any other Person, or any action with respect to this Lease or any Operative Agreement which may be taken by any trustee, receiver or liquidator of Lessor Lessee or any other Person or by any court with respect to LessorLessee or any other Person. LESSEE HEREBY WAIVES TO THE EXTENT PERMITTED BY APPLICABLE LAW, except as otherwise expressly provided hereinALL RIGHT (I) TO TERMINATE OR SURRENDER THIS LEASE (EXCEPT AS PROVIDED HEREIN) OR (II) TO AVAIL ITSELF OF ANY ABATEMENT, SUSPENSION, DEFERMENT, REDUCTION, SET-OFF, COUNTERCLAIM OR DEFENSE WITH RESPECT TO ANY RENT. Lessee hereby waives all right (i) to terminate or surrender this LeaseLESSEE SHALL REMAIN OBLIGATED UNDER THIS LEASE IN ACCORDANCE WITH ITS TERMS AND TO THE EXTENT WAIVABLE UNDER APPLICABLE LAW, except as otherwise expressly provided hereinLESSEE HEREBY WAIVES ANY AND ALL RIGHTS NOW OR HEREAFTER CONFERRED BY STATUTE OR OTHERWISE TO MODIFY OR TO AVOID STRICT COMPLIANCE WITH ITS OBLIGATIONS UNDER THIS LEASE. NOTWITHSTANDING ANY SUCH STATUTE OR OTHERWISE, or (ii) to avail itself of any abatement, suspension, deferment, reduction, setoff, counterclaim or defense with respect to any Rent. Lessee shall remain obligated under this Lease in accordance with its terms and Lessee hereby waives any and all rights now or hereafter conferred by statute or otherwise to modify or to avoid strict compliance with its obligations under this Lease. Notwithstanding any such statute or otherwise, Lessee shall be bound by all of the terms and conditions contained in this LeaseLESSEE SHALL BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS LEASE.

Appears in 1 contract

Samples: Real Property Lease Agreement (Big Lots Inc)

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