Common use of Provision for Re-Entry Clause in Contracts

Provision for Re-Entry. It shall be lawful for the Landlord or any person on its behalf to re-enter upon the whole or any part of the demised premises in the name of the whole and from then peaceably to hold and enjoy the demised premises as if this Underlease had not been made without prejudice to any right of action or remedy of the Landlord:- (i) if the rents reserved by this Underlease or any part of them is in arrears for twelve days after they become due (whether legally demanded or not) or (ii) if any covenant on the Tenant’s part herein contained shall not be performed or observed or (iii) if the Tenant (or if more than one person any one of them being a company) is the subject of a petition for its winding up or enters into liquidation whether voluntarily (except for reconstruction or amalgamation of a solvent company) or compulsorily or has a provisional liquidator, trustee, receiver, administrative receiver or similar officer appointed or is the subject of an administration order or a petition for one or of a voluntary arrangement or a Back to Contents proposal for one under Part I Insolvency Act 1986 or is unable to pay its debts within the meaning of Section 123 Insolvency Act 1986 or is otherwise insolvent or having been registered with unlimited liability it acquires limited liability or ceases to be registered or (iv) if the Tenant (or if more than one person any one of them being an individual) is the subject of a bankruptcy petition or bankruptcy order or of any application or order or appointment under Section 253 or Section 273 or Section 268 Insolvency Act 1986 or otherwise becomes bankrupt or insolvent or (v) if the Tenant shall make any assignment or arrangement for the benefit of creditors for the liquidation or reduction of debts by composition or otherwise or shall suffer any distress or execution to be levied on the Tenant’s goods the Landlord or any person or person authorised by the Landlord may at any time thereafter re-enter the demised premises or any part thereof in the name of the whole and thereupon this demise shall absolutely determine without prejudice to any right of action or remedy of the Landlord in respect of any antecedent breach of any of the covenants by the Tenant herein contained PROVIDED ALWAYS THAT notwithstanding any acceptances of or demand for rent by the Landlord its bankers or agents with knowledge of breach of any of the Tenant’s covenants herein contained or implied the Landlord’s right to forfeit this lease on the ground of such breach shall remain in force and neither the Tenant nor any person taking any estate or interest under the Tenant shall be entitled to set up any such acceptance of or demand or receipt for rent as a defence to any action or proceeding by the Landlord Back to Contents

Provision for Re-Entry. It shall be lawful for 8.1 Without prejudice to any other remedies and powers herein contained or otherwise available to the Landlord or any person on its behalf Crown, and subject to the provisions of Clause 9 the Crown may re-enter upon the whole or any part of the demised premises in the name of the whole and from then peaceably to hold Demised Premises and enjoy the demised premises same thenceforth as if this Underlease Lease had not been made without prejudice to any right of action or remedy of and the Landlord:-Term shall absolutely cease and determine if: (i) if the rents 8.1.1 The Rent hereby reserved by this Underlease or any part of them is thereof shall be in the arrears for twelve 90 days after they the same shall become due (whether legally formally demanded or not) or); (ii) if 8.1.2 If there shall be any covenant on the Tenant’s part herein contained shall not be performed or observed or (iii) if the Tenant (or if more than one person any one of them being a company) is the subject of a petition for its winding up or enters into liquidation whether voluntarily (except for reconstruction or amalgamation of a solvent company) or compulsorily or has a provisional liquidator, trustee, receiver, administrative receiver or similar officer appointed or is the subject of an administration order or a petition for one or of a voluntary arrangement or a Back to Contents proposal for one under Part I Insolvency Act 1986 or is unable to pay its debts within the meaning of Section 123 Insolvency Act 1986 or is otherwise insolvent or having been registered with unlimited liability it acquires limited liability or ceases to be registered or (iv) if the Tenant (or if more than one person any one of them being an individual) is the subject of a bankruptcy petition or bankruptcy order or of any application or order or appointment under Section 253 or Section 273 or Section 268 Insolvency Act 1986 or otherwise becomes bankrupt or insolvent or (v) if the Tenant shall make any assignment or arrangement for the benefit of creditors for the liquidation or reduction of debts by composition or otherwise or shall suffer any distress or execution to be levied on the Tenant’s goods the Landlord or any person or person authorised breach by the Landlord may at any time thereafter re-enter the demised premises or any part thereof in the name of the whole and thereupon this demise shall absolutely determine without prejudice to any right of action or remedy of the Landlord in respect of any antecedent breach Lessee of any of the covenants or conditions which are to be performed and observed by the Tenant herein Lessee which the Lessee after ninety (90) days written notice shall have failed or refused to remedy; 8.1.3 The Lessee enters into liquidation whether compulsory or voluntary (save for the purpose or reconstruction or amalgamation while solvent) or passes a resolution for winding up (save as aforesaid) or being an individual becomes bankrupt; 8.1.4 The Lessee fails to commence or complete construction of the Development within the time periods specified in the Development Agreement; 8.1.5 The Development Agreement is terminated in accordance with the provisions therein contained PROVIDED ALWAYS THAT notwithstanding SAVE AND EXCEPT that rights of the Crown pursuant to this clause 8.1.5 shall cease upon the completion of the construction of the Golf Course. 8.2 If the Lessee shall at any acceptances of or demand for rent by time default in the Landlord its bankers or agents with knowledge of breach performance of any of the Tenant’s covenants herein contained in this Lease for or implied relating to the Landlord’s repair or maintenance of the Demised Premises then (without prejudice to the right of the re-entry and forfeiture hereinbefore contained) the Crown may enter upon the Demised Premised pursuant to forfeit this lease on clause 6.20 hereof and carry out or cause to be carried out any or all of the ground works referred to in such notice or remedy the defaults of the Lessee and all expenses incurred in remedying such breach shall remain defaults in force and neither the Tenant nor any person taking any estate or interest under the Tenant each case together with Interest shall be entitled to set up any such acceptance of or demand or receipt for rent as a defence to any action or proceeding paid by the Landlord Back Lessee to Contentsthe Crown on demand.

Provision for Re-Entry. It shall be lawful for 9.1 Without prejudice to any other remedies and powers herein contained or otherwise available to the Landlord or any person on its behalf Crown, and subject to the provisions of Clause 10 the Crown may re-enter upon the whole or any part of the demised premises in the name of the whole and from then peaceably to hold Demised Premises and enjoy the demised premises same thenceforth as if this Underlease Lease had not been made without prejudice to any right of action or remedy of and the Landlord:-Term shall absolutely cease and determine if: (i) if the rents 9.1.1 The Rent hereby reserved by this Underlease or any part of them is thereof shall be in the arrears for twelve 90 days after they the same shall become due (whether legally formally demanded or not) or); (ii) if 9.1.2 If there shall be any covenant on the Tenant’s part herein contained shall not be performed or observed or (iii) if the Tenant (or if more than one person any one of them being a company) is the subject of a petition for its winding up or enters into liquidation whether voluntarily (except for reconstruction or amalgamation of a solvent company) or compulsorily or has a provisional liquidator, trustee, receiver, administrative receiver or similar officer appointed or is the subject of an administration order or a petition for one or of a voluntary arrangement or a Back to Contents proposal for one under Part I Insolvency Act 1986 or is unable to pay its debts within the meaning of Section 123 Insolvency Act 1986 or is otherwise insolvent or having been registered with unlimited liability it acquires limited liability or ceases to be registered or (iv) if the Tenant (or if more than one person any one of them being an individual) is the subject of a bankruptcy petition or bankruptcy order or of any application or order or appointment under Section 253 or Section 273 or Section 268 Insolvency Act 1986 or otherwise becomes bankrupt or insolvent or (v) if the Tenant shall make any assignment or arrangement for the benefit of creditors for the liquidation or reduction of debts by composition or otherwise or shall suffer any distress or execution to be levied on the Tenant’s goods the Landlord or any person or person authorised breach by the Landlord may at any time thereafter re-enter the demised premises or any part thereof in the name of the whole and thereupon this demise shall absolutely determine without prejudice to any right of action or remedy of the Landlord in respect of any antecedent breach Lessee of any of the covenants or conditions which are to be performed and observed by the Tenant herein contained PROVIDED ALWAYS THAT notwithstanding Lessee which the Lessee after ninety (90) days written notice shall have failed or refused to remedy; 9.1.3 The Lessee enters into liquidation whether compulsory or voluntary (save for the purpose or reconstruction or amalgamation while solvent) or passes a resolution for winding up (save as aforesaid) or being an individual becomes bankrupt; 9.1.4 The Lessee fails to commence or complete construction of the Development within the time periods specified in the Development Agreement; 9.1.5 The Development Agreement is terminated in accordance with the provisions therein contained. If the Lessee shall at any acceptances of or demand for rent by time default in the Landlord its bankers or agents with knowledge of breach performance of any of the Tenant’s covenants herein contained in this Lease for or implied relating to the Landlord’s repair or maintenance of the Demised Premises then (without prejudice to the right of the re-entry and forfeiture hereinbefore contained) the Crown may enter upon the Demised Premised pursuant to forfeit this lease on clause 6.20 hereof and carry out or cause to be carried out any or all of the ground works referred to in such notice or remedy the defaults of the Lessee and all expenses incurred in remedying such breach shall remain defaults in force and neither the Tenant nor any person taking any estate or interest under the Tenant each case together with Interest shall be entitled to set up any such acceptance of or demand or receipt for rent as a defence to any action or proceeding paid by the Landlord Back Lessee to Contentsthe Crown on demand.

Provision for Re-Entry. It shall be lawful for 8.1 Without prejudice to any other remedies and powers herein contained or otherwise available to the Landlord or any person on its behalf to Crown, the Crown may re-enter upon the whole or any part of the demised premises in the name of the whole and from then peaceably to hold Demised Premises and enjoy the demised premises same thenceforth as if this Underlease Lease had not been made without prejudice to any right of action or remedy of and the Landlord:-Term shall absolutely cease and determine if: (i) if the rents 8.1.1 The Rent hereby reserved by this Underlease or any part of them is thereof shall be in the arrears for twelve 21 days after they the same shall become due (whether legally formally demanded or not) or); (ii) if 8.1.2 If there shall be any covenant on the Tenant’s part herein contained shall not be performed or observed or (iii) if the Tenant (or if more than one person any one of them being a company) is the subject of a petition for its winding up or enters into liquidation whether voluntarily (except for reconstruction or amalgamation of a solvent company) or compulsorily or has a provisional liquidator, trustee, receiver, administrative receiver or similar officer appointed or is the subject of an administration order or a petition for one or of a voluntary arrangement or a Back to Contents proposal for one under Part I Insolvency Act 1986 or is unable to pay its debts within the meaning of Section 123 Insolvency Act 1986 or is otherwise insolvent or having been registered with unlimited liability it acquires limited liability or ceases to be registered or (iv) if the Tenant (or if more than one person any one of them being an individual) is the subject of a bankruptcy petition or bankruptcy order or of any application or order or appointment under Section 253 or Section 273 or Section 268 Insolvency Act 1986 or otherwise becomes bankrupt or insolvent or (v) if the Tenant shall make any assignment or arrangement for the benefit of creditors for the liquidation or reduction of debts by composition or otherwise or shall suffer any distress or execution to be levied on the Tenant’s goods the Landlord or any person or person authorised breach by the Landlord may at any time thereafter re-enter the demised premises or any part thereof in the name of the whole and thereupon this demise shall absolutely determine without prejudice to any right of action or remedy of the Landlord in respect of any antecedent breach Lessee of any of the covenants or conditions which are to be performed and observed by the Tenant herein contained PROVIDED ALWAYS THAT notwithstanding Lessee which the Lessee after twenty-one (21) days written notice shall have failed or refused to remedy; 8.1.3 The Lessee enters into liquidation whether compulsory or voluntary (save for the purpose or reconstruction or amalgamation while solvent) or passes a resolution for winding up (save as aforesaid) or being an individual becomes bankrupt; 8.1.4 The Lessee fails to commence or complete construction of the Development within the time periods specified in the Development Agreement; 8.1.5 The Development Agreement is terminated in accordance with the provisions therein contained. 8.2 If the Lessee shall at any acceptances of or demand for rent by time default in the Landlord its bankers or agents with knowledge of breach performance of any of the Tenant’s covenants herein contained in this Lease for or implied relating to the Landlord’s repair or maintenance of the Demised Premises then (without prejudice to the right of the re-entry and forfeiture hereinbefore contained) the Crown may enter upon the Demised Premised pursuant to forfeit this lease on clause 6.20 hereof and carry out or cause to be carried out any or all of the ground works referred to in such notice or remedy the defaults of the Lessee and all expenses incurred in remedying such breach shall remain defaults in force and neither the Tenant nor any person taking any estate or interest under the Tenant each case together with Interest shall be entitled to set up any such acceptance of or demand or receipt for rent as a defence to any action or proceeding paid by the Landlord Back Lessee to Contentsthe Crown on demand.