Common use of Procedure on Default Clause in Contracts

Procedure on Default. If Landlord shall elect to terminate the Lease by reason of any Event of Default that has occurred and is continuing, and Administrative Agent shall have proceeded in the manner provided for by Section 3 hereof, the specified date for the termination of the Lease as fixed by Landlord in its Termination Notice shall be extended for a period of six (6) months; provided that Administrative Agent shall, during such six-month period (i) pay or cause to be paid the Rent, Additional Charges and other monetary obligations of Tenant under the Lease as the same become due, and continue its good faith efforts to perform or cause to be performed all of Tenant’s other obligations under the Lease, excepting past nonmonetary obligations then in default and not reasonably susceptible of being cured by Administrative Agent and (ii) if not enjoined or stayed pursuant to a bankruptcy or insolvency proceeding or other judicial order, commence and diligently pursue its remedies against Windstream Services and/or its affiliates under the Credit Agreement and the other documents executed in connection therewith and diligently prosecute the same to completion. Nothing in this Section 4, however, shall be construed to extend the Lease beyond the original term thereof as extended by any options to extend the term of the Lease properly exercised by Tenant in accordance with Section 1.4 of the Lease. If the Event of Default shall be cured pursuant to the terms and within the time periods allowed in Section 3 hereof and this Section 4, the Lease shall continue in full force and effect as if Tenant had not defaulted under the Lease.

Procedure on Default. If Landlord Lessor shall elect to terminate the this Lease by reason of any Event default of Default that Lessee, which default has occurred and is continuingnot been cured within the applicable cure period, and Administrative Agent the Leasehold Mortgagee shall have proceeded in the manner provided for by Section 3 15.5 hereof, the specified date for the such termination of the Lease as fixed by Landlord Lessor in its Termination Notice notice given pursuant to Section 15.5 hereof shall be extended for a period of six three (63) months; , provided that Administrative Agent Leasehold Mortgagee shall, during such six-month period (i) pay ▇▇▇▇▇▇-month period: a. Pay or cause to be paid the Rentpaid, Additional Charges and other any monetary obligations of Tenant Lessee under the Lease this Lease, as the same become due, and continue its good faith efforts to perform or cause to be performed all of TenantLessee’s other obligations under the this Lease, excepting (i) obligations of Lessee to satisfy or otherwise discharge any lien, charge or encumbrance against Lessee’s interest in this Lease or any part thereof which is junior in priority to the lien of the Leasehold Mortgage, if applicable, held by such Leasehold Mortgagee, and (ii) past nonmonetary non-monetary obligations then in default and not reasonably susceptible of being cured by Administrative Agent the Leasehold Mortgagee; and b. Except to the extent enjoined and (ii) if not enjoined stayed, take steps to acquire or stayed pursuant to a bankruptcy or insolvency proceeding sell ▇▇▇▇▇▇’s interest in this Lease, by foreclosure of such Leasehold Mortgagee, or other judicial order, commence appropriate means and diligently pursue its remedies against Windstream Services and/or its affiliates under the Credit Agreement and the other documents executed in connection therewith and diligently prosecute the same to completion. Nothing in this Section 4, however, shall be construed to extend the Lease beyond the original term thereof as extended by any options to extend the term of the Lease properly exercised by Tenant in accordance completion with Section 1.4 of the Lease. If the Event of Default shall be cured pursuant to the terms and within the time periods allowed in Section 3 hereof and this Section 4, the Lease shall continue in full force and effect as if Tenant had not defaulted under the Leasereasonable efforts.