Tenant’s insolvency assignment for the benefit of its creditors; Tenant's voluntary petition in bankruptcy or adjudication as bankrupt, or the appointment of a receiver for Tenant's properties.
Tenant’s insolvency. The making by Tenant of any general assignment, or general arrangement for the benefit of creditors; the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, the same is dismissed within (60) days); the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets or of Tenant's interest in this Lease, where possession is not restored to Tenant within thirty (30) days; or the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within thirty (30) days.
Tenant’s insolvency. Notwithstanding any other provision of this Lease, in the event the Tenant or its successors or assignee shall become insolvent, bankrupt, or make an assignment for the benefit of creditors, or if it or their interest hereunder shall be levied upon or sold under exeCution or other legal process, or in the event the FSF to be operated on the Demised Premises is closed, or is taken over by a bank supervisory authority, the Landlord may terminate this Lease only with the concurrence of such bank supervisory authority, and any such authority shall in any event have the election to either continue or terminate this Lease, provided, that in the event this Lease is terminated, the maximum claim of Landlord against such bank supervisory authority for damages or indemnity for injury resulting from the rejection or abandonment of the unexpired lease shall in no event be in an amount exceeding the Rent reserved by this Lease, without acceleration, for the year next succeeding the date of the surrender of the Demised Premises to the Landlord, or the date of re-entry of the Landlord, whichever first occurs, whether before or after the closing of the FSF, plus an amount equal to the unpaid Rent accrued without acceleration up to such date. This paragraph shall limit the liability of the FDIC but not affect Landlord's other rights or remedies under law.
Tenant’s insolvency. If the Tenant makes an assignment for the benefit of creditors or if a receiver is appointed for the Tenant or for the Tenant's assets or interest in this Agreement, or if any voluntary or involuntary petition or similar pleading under any section of any bankruptcy law is filed by or against the Tenant or any voluntary or involuntary proceedings in any court or tribunal is instituted to declare the Tenant insolvent or unable to pay its debts and, in the case of an involuntary petition or proceeding, if it is not dismissed within ten days from the date it is filed, then the Landlord, at its election and without further notice or demand and either with or without entry upon the Premises, may immediately terminate and cancel this Agreement and this lease and shall thereafter, for the remainder of the Term, be entitled to recover damages in an amount equal to the present value of the rental obligation herein stated, including increases in rent as provided in this Agreement, less the rent for the Premises which the Landlord obtains.
Tenant’s insolvency. Tenant's assignment for the benefit of its creditors; Tenant's voluntary petition in bankruptcy or adjudication as bankrupt, or the appointment of a receiver for Tenant's properties not dismissed within sixty (60) days after appointment.
Tenant’s insolvency. Without prejudice to any other rights or remedies available to the Landlord, if:
Tenant’s insolvency. If Tenant becomes insolvent or makes an assignment for the benefit of creditors, or if legal proceedings are instituted seeking to have Tenant adjudicated bankrupt, reorganized, or rearranged under the bankruptcy laws of the United States, then Landlord may, at its option, declare an Event of Default, in which case Landlord shall have the option to terminate the Lease, and Landlord may accept Rent from the appointed trustee, assignee, or receiver without waiving or forfeiting Landlord's right of termination. Further, unless and until Landlord elects to terminate the Lease, Tenant and its successor shall have the following obligations and be subject to the following conditions, in addition to any other obligations or conditions imposed upon Tenant or its successor: (1) the requirement to cure any monetary defaults and reimburse Landlord for any pecuniary loss within not more than thirty (30) days of the assumption and/or assignment; (2) the requirement to deposit with Landlord an additional sum equal to three (3) months' Base Rent to be held as security; (3) the requirement that the Premises be used in keeping with Section 8 of this Lease; (4) the condition that the reorganized debtor or assignee of such debtor in possession or Tenant's trustee demonstrate in writing that it has the financial ability to comply with Tenant's obligations under this Lease and meets all other reasonable criteria of Landlord as did Tenant upon execution of this Lease; (5) the condition of obtaining prior written consent of each of Landlord's Mortgagees, if any; and (6) the requirement that no physical changes of any kind may be made to the Premises unless in compliance with the applicable provisions of this Lease.
Tenant’s insolvency. Anything elsewhere in this Lease to the contrary notwithstanding, an “Event of Default” shall be deemed to have occurred and this Lease may be canceled and terminated by Landlord by the sending of a written notice to Tenant within a reasonable time after Landlord shall be notified of the happening of any one or more of the following events: (a) Tenant shall (i) have applied for or consented to the appointment of a receiver, trustee, liquidator, or other custodian of Tenant or any of its properties or assets, (ii) have made a general assignment for the benefit of creditors, (iii) have commenced a voluntary case for relief as a debtor under the United States Bankruptcy Code or filed a petition to take advantage of any bankruptcy, reorganization, insolvency, readjustment of debts, dissolution or liquidation law or statute or an answer admitting the material allegations of a petition filed against it in any proceeding under any such law, or (iv) be adjudicated a bankrupt or insolvent, or (b) without the acquiescence or consent of Tenant, an order, judgment or decree shall have been entered by any court of competent jurisdiction (i) approving as properly filed a petition seeking relief under the United States Bankruptcy Code or any bankruptcy, reorganization, insolvency, readjustment of debts, dissolution or liquidation law or statute with respect to Tenant, any other liquidation law or statute with respect to Tenant, or all or a substantial part of its properties or assets, or (ii) appointing a receiver, trustee, liquidator or other custodian for all or a substantial part of its properties or assets, and such order, judgment or decree shall have continued unstayed and in effect for any period of not less than sixty (60) days. Neither Tenant nor any person claiming by, under or through Tenant or by reason of any statute or order of court, shall thereafter be entitled to possession of the Demised Premises but shall forthwith quit and surrender the Demised Premises. If this Lease shall have been theretofore assigned in accordance with its terms, the provisions of this Article shall be applicable only to the party then owning Tenant's interest in this Lease.
Tenant’s insolvency. 66 20.1.... Assignments pursuant to the Bankruptcy Code........................... 66
Tenant’s insolvency. 63.1 Nothing contained in this Lease shall limit or prejudice the Landlord's right to prove and obtain as liquidated damages in any bankruptcy, insolvency, receivership, reorganization or dissolution proceeding, an amount equal to the maximum allowable by any Laws governing such proceeding in effect at the time when such damages are to be proved, whether or not such amount be greater than, equal to or less than the amounts recoverable, either as damages or Rent or Additional Rent, under this Lease.
