Common use of Notice of Default; Cure Clause in Contracts

Notice of Default; Cure. As a precondition to exercising any rights or remedies as a result of any default by Tenant under Section 20.1, Landlord shall deliver a duplicate copy of the applicable notice described in Section 20.1 to Tenant’s Lender concurrently with delivery of such notice to Tenant, provided Landlord was given notice of such Xxxxxx as provided hereunder. Tenant’s Lender shall have the right, but not the obligation, to cure said default in the same manner and time period as Tenant plus (i) in the case of a monetary default, an additional ten (10) business days, and (ii) in the case of a non-monetary default, an additional sixty (60) days, and Landlord shall not terminate this Lease unless Tenant’s Lender has not cured such default within such cure periods; provided, further, that Tenant’s Lender shall not be required to cure any default that requires possession of the Premises to cure until it has had possession of the Premises for a reasonable period of time necessary to cure such default or any default that is personal to Tenant and cannot by its nature be cured by Xxxxxx’s Lender. In addition, if the Lease is terminated or rejected in a bankruptcy or similar proceeding, if requested by Xxxxxx’s Lender within forty-five (45) days after such termination or rejection, Landlord will enter into a new lease of the Premises with Xxxxxx’s Lender for a period equal to the remaining Term of this Lease (without giving effect to such termination or rejection) and otherwise on the same terms and conditions as this Lease.

Appears in 4 contracts

Samples: Lease and Feedstock Supply Agreement, Lease and Feedstock Supply Agreement, Lease and Feedstock Supply Agreement

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Notice of Default; Cure. As a precondition to exercising any rights or remedies as a result of any default by Tenant under Section 20.118, Landlord shall deliver a duplicate copy of the applicable notice described in Section 20.1 18 to Tenant’s Lender concurrently with delivery of such notice to Tenant, provided Landlord was given notice of such Xxxxxx as provided hereunder. Tenant’s Lender shall have the right, but not the obligation, to cure said default in the same manner and time period as Tenant plus (i) in the case of a monetary default, an additional ten (10) business days, and (ii) in the case of a non-monetary default, an additional sixty (60) days, and Landlord shall not terminate this Lease unless Tenant’s Lender has not cured such default within such cure periods; provided, further, that Tenant’s Lender shall not be required to cure any default that requires possession of the Premises to cure until it has had possession of the Premises for a reasonable period of time necessary to cure such default or any default that is personal to Tenant and cannot by its nature be cured by Xxxxxx’s Lender. In addition, if the Lease is terminated or rejected in a bankruptcy or similar proceeding, if requested by Xxxxxx’s Lender within forty-five (45) days after such termination or rejection, Landlord will enter into a new lease of the Premises with Xxxxxx’s Lender for a period equal to the remaining Term of this Lease (without giving effect to such termination or rejection) and otherwise on the same terms and conditions as this Lease.

Appears in 1 contract

Samples: Lease and Feedstock Supply Agreement

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Notice of Default; Cure. As a precondition to exercising any rights or remedies as a result of any default by Tenant under Section 20.1, Landlord shall deliver a duplicate copy of the applicable notice described in Section 20.1 to Tenant’s Lender concurrently with delivery of such notice to Tenant, provided Landlord was given notice of such Xxxxxx as provided hereunder. Tenant’s Lender shall have the right, but not the obligation, to cure said default in the same manner and time period as Tenant plus (i) in the case of a monetary default, an additional ten (10) business days, and (ii) in the case of a non-non- monetary default, an additional sixty (60) days, and Landlord shall not terminate this Lease unless Tenant’s Lender has not cured such default within such cure periods; provided, further, that Tenant’s Lender shall not be required to cure any default that requires possession of the Premises to cure until it has had possession of the Premises for a reasonable period of time necessary to cure such default or any default that is personal to Tenant and cannot by its nature be cured by Xxxxxx’s Lender. In addition, if the Lease is terminated or rejected in a bankruptcy or similar proceeding, if requested by Xxxxxx’s Lender within forty-five (45) days after such termination or rejection, Landlord will enter into a new lease of the Premises with Xxxxxx’s Lender for a period equal to the remaining Term of this Lease (without giving effect to such termination or rejection) and otherwise on the same terms and conditions as this Lease.

Appears in 1 contract

Samples: Lease and Feedstock Supply Agreement

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