Prior to Term Clause Samples

Prior to Term. If at or before the commencement of the term of this lease: (a) Tenant (or any guarantor of Tenant's obligations under this lease) shall file a petition commencing a voluntary case under the Bankruptcy Code (Title 11 of the United States Code), as now or hereafter in effect, or under similar law, or file a petition in bankruptcy or for reorganization or for an arrangement pursuant to any state insolvency law or any similar state law; (b) An involuntary case against Tenant (or any guarantor of Tenant's obligations under this lease) as debtor is commenced by a petition under the Bankruptcy Code (Title 11 of the United States Code), as now or hereafter in effect, or under similar law, or a petition or answer proposing the adjudication of Tenant (or any guarantor of Tenant's obligations under this lease) as a bankrupt or its reorganization pursuant to any state insolvency law or any similar state law shall be filed in any court and shall not be dismissed, discharged or denied within 60 days after the filing thereof, or if Tenant (or any guarantor of Tenant's obligations under this lease) shall consent or acquiesce in the filing thereof; (c) A custodian, receiver, United States Trustee, trustee or liquidator of Tenant or of all or substantially all of Tenant's property (or any guarantor of Tenant's obligations under this lease) or of the Demised Premises shall be appointed in any proceedings brought by Tenant; or if any such custodian, receiver, United States Trustee, trustee or liquidator shall be appointed in any proceedings brought against Tenant and shall not be discharged within 60 days after such appointment or if Tenant shall consent to or acquiesce in such appointment; or (d) If Tenant shall generally not pay Tenant's debts (or the guarantor of Tenant's obligations under this lease shall generally not pay its debts) as such debts become due, or shall make an assignment for the benefit of creditors, or shall admit in writing its inability to pay its debts generally as they become due; this agreement shall be deemed cancelled and terminated, in which event neither Tenant nor any person claiming through or under Tenant or by virtue of any statute or of an order of any court shall be entitled to possession of the Demised Premises, but Tenant shall remain liable for damages as provided in Article 34.

Prior to Term. If at any time prior to the date herein fixed ---------------------------- as the commencement of the term of this Lease there shall be filed by or against Tenant in any court pursuant to any statute either of the United States or of any State a petition in bankruptcy or insolvency, or for reorganization, or for the appointment of a receiver or trustee of all or a portion of Tenant's property, or if Tenant makes an assignment for the benefit of creditors, or petitions for or enters into an arrangement, this Lease shall at the option of the Landlord, be cancelled and terminated in which event neither Tenant nor any person claiming through or under Tenant by virtue of any statute or order of any court shall be entitled to possession of the demised premises and Landlord, in addition to the other rights and remedies given by (c) hereof or by virtue of any other provision herein or elsewhere in this Lease contained, or by virtue of any statute or rule of law, may retain as liquidated damages any rent, security, deposit or monies received by it from Tenant or others in behalf of Tenant.

Prior to Term. Tenant shall have the right, prior to the Commencement Date and during the progress of Landlord's Construction, to enter upon the Premises order to inspect Landlord's Construction, or to measure the Premises, to perform Tenant's Work, or to install its personalty, fixtures, appliances and equipment, and for any purposes incidental thereto, without obligation to pay any rent or other charge for such use and occupation prior to the Commencement Date; provided that such entry shall not interfere with Landlord's Construction, including but not limited to, the surfacing of the parking areas by Landlord. Such entry or use by Tenant shall, except in the case of any act or omission of Landlord, its servants, agents, employees or contractors, be at Tenant's sole risk. Neither the entry by Tenant, nor the taking of possession of the Premises, nor the opening for business on the Premises by Tenant, shall constitute a waiver by Tenant of any defect or failure in Landlord's Construction, or of any obligation of Landlord to maintain and repair the Premises and Common Areas in accordance with the terms of this Lease.

Prior to Term. If at any time prior to the date herein fixed as the commencement of the Term there shall be filed by or against Tenant in any court pursuant to any statute either of the United States or of any State a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee or conservator of all or a portion of Tenant's property, or if Tenant makes an assignment for the benefit of creditors (collectively, an "Insolvency Event"), this Lease shall IPSO FACTO be canceled and terminated and in such event neither Tenant nor any person claiming through or under Tenant or by virtue of any statute or by an order of any court shall be entitled to possession of the Premises and Landlord, in addition to the other rights and remedies given by Paragraph 25(b) hereof or by virtue of any other provision in this Lease contained or by virtue of any statute or rule of law, may retain as damages any rent, security, deposit or moneys received by it from Tenant or others on behalf of Tenant.