Default by any Borrower in making a borrowing or conversion after the Lead Borrower has given (or is deemed to have given) a request for a Revolving Credit Loan or a request to convert a Revolving Credit Loan from one applicable interest rate to another.
Default by. LANDLORD Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier than (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligations; provided, however, that if the nature of Landlord’s obligations is such that more than thirty (30) days are required for performance, then Landlord shall not be in default if Landlord commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion.
Default by. Lessee in performance of any ------------------------ obligation arising hereunder shall not work a forfeiture or termination of this agreement nor cause a forfeiture, termination or reversion of the estate, created hereby.
Default by. [Service Provider]. Upon the occurrence of any Event of Default and, with respect to any default that is curable, that remains uncured for the applicable cure period, [Housing Provider] may pursue any remedy that may be available to it at law or in equity including termination of this Master Lease. In addition, [Service Provider] shall forfeit the amount of funds in the Operating Reserve Account. [Service Provider] shall be liable to [Housing Provider] for reasonable attorneys’ fees and other costs that [Housing Provider] incurs in connection with any default or action filed against [Service Provider] to enforce [Housing Provider]’s rights under this Master Lease, if [Housing Provider] is the substantially prevailing part in such dispute. The waiver of any default by [Housing Provider] shall not constitute a waiver of any other breach or default. No failure on the part of [Housing Provider] to enforce any obligation or covenant herein contained, nor any waiver of any right hereunder by [Housing Provider], unless in writing, shall discharge or invalidate such obligation or covenant or affect the right of [Housing Provider] to enforce the same in the event of any subsequent breach or default.
Default by. TENANT The occurrence of any of the following shall constitute an "Event of Default" under this Lease by Tenant: 21.1 Failure to pay when due any Minimum Monthly Rent, Additional Rent or any other monetary sums required to be paid by Tenant under the terms of this Lease. 21.2 Failure to perform any other material agreement or obligation of Tenant hereunder, if such failure continues for fifteen (15) days after written notice by Landlord to Tenant, except as to those Events of Default that are noncurable, in which case no such grace period shall apply. Lxxxxxxx's notice described herein is intended to satisfy, and is not in addition to, any and all legal notices required prior to commencement of an unlawful detainer action, including without limitation the notice requirements of California Code of Civil Procedure Sections 1161 et seq. 21.3 Abandonment or vacation of the Premises by Tenant, or failure to occupy the Premises for a period of ten (10) consecutive days. 21.4 If any of the following occurs: (i) a petition is filed for an order of relief under the federal Bankruptcy Code or for an order or decree of insolvency or reorganization or rearrangement under any state or federal law, and such petition is not dismissed within thirty (30) days after the filing thereof; (ii) Tenant makes a general assignment for the benefit of creditors; (iii) a receiver or trustee is appointed to take possession of any substantial part of Tenant's assets, unless such appointment is vacated within thirty (30) days after the date thereof; (iv) Tenant consents to or suffers an attachment, execution or other judicial seizure of any substantial part of its assets or its interest under this Lease, unless such process is released or satisfied within thirty (30) days after the occurrence thereof; or (v) Tenant's net worth, determined in accordance with generally accepted accounting principles consistently applied, decreases, at any time during the Lease Term, below Txxxxx's net worth as of the date of execution of this Lease. If a court of competent jurisdiction determines that any of the foregoing events is not a default under this Lease, and a trustee is appointed to take possession (or if Tenant remains a debtor in possession), and such trustee or Tenant transfers Tenant's interest hereunder, then Landlord shall receive the difference between the rent (or other consideration) paid in connection with such transfer and the rent payable by Tenant hereunder. Any assignee pursuant to...
Default by. TENANT The following shall be deemed to be events of default by Tenant under this Lease: (1) Tenant shall fail to pay when due any installment of rent or any other payment required pursuant to this Lease; (2) Tenant shall abandon any substantial portion of the Leased Premises; (3) Tenant shall fail to comply with any term, provision or covenant of this Lease; and other than for the payment of rent, which default shall require no notice, the failure is not cured within ten days after written notice to Tenant, (4) Tenant shall file a petition or be adjudged bankrupt or insolvent under any applicable federal or state bankruptcy or insolvency law or admit that it cannot meet its financial obligation as they become due; or a receiver or trustee shall be appointed for all or substantially all of the assets of Tenant; or Tenant shall make a transfer in fraud of creditors or shall make all assignment for the benefit of creditors; or (5) Tenant shall do or permit to be done any act which results in a lien being filed against the Leased Premises on the Property and/or project of which the Leased Premises are a part. Initial: KDK [ILLEGIBLE COPY]
Default by. 77 WWLP. If this transaction fails to close as a result of default by 77 WWLP in the performance of its obligations hereunder or any representation or warranty of 77 WWLP is inaccurate (all conditions to the obligations of 77 WWLP having been satisfied or waived) (herein, a "default"), the Escrow Agent shall return the Deposit to OTR. In addition, OTR shall be entitled to the remedy of specific performance. OTR shall not be entitled to any other remedy if this transaction fails to close as a result of 77 WWLP's default.
Default by. SGTI SGTI and the Directors acknowledge that the SGTI Shares are unique and otherwise not available and agree that, in addition to any other remedies, CCA may invoke any equitable remedies to enforce performance hereunder, including an action or suit for specific performance.
Default by. LANDLORD Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligations; provided, however, that if the nature of Landlord’s obligations is such than more than thirty (30) days are required for performance, then Landlord shall not be in default if Landlord commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. Notwithstanding the foregoing if Landlord’s failure to perform any of its obligations under the Lease results in a condition which is causing or threatens to cause immediate damage to Tenant’s personnel or property, then Landlord shall repair such condition as soon as possible after receiving notice from Tenant.
Default by. ONE OR MORE OF THE INTERNATIONAL MANAGERS. If one or more of the U.S. Underwriters shall fail at Closing Time or a Date of Delivery to purchase the Units which it or they are obligated to purchase under this Agreement (the "Defaulted Units"), the Lead Managers shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting International Managers, or any other underwriters, to purchase all, but not less than all, of the Defaulted Units in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Lead Managers shall not have completed such arrangements within such 24-hour period, then:
