Common use of Default of Tenant Clause in Contracts

Default of Tenant. 6.5.01 It is hereby expressly agreed that if and whenever the rent or additional rent hereby reserved or any part thereof shall not be paid on the day appointed for payment thereof, whether lawfully demanded or not, or in case of breach or non-observance or non-performance of any of the covenants, agreements, provisos, conditions or Rules and Regulations on the part of the Tenant to be kept, observed and performed, or in case the Demised Premises shall be vacated or remain unoccupied for fifteen (15) days or in case the Term shall be taken in execution or attachment for any cause whatever, then and in every such case, it shall be lawful for the Landlord thereafter to enter into and upon the Demised Premises or any part thereof in the name of the whole and the same to have again, repossess and enjoy as of its former estate, anything in this Lease contained to the contrary notwithstanding other than the proviso to this sub-paragraph. Provided that the Landlord shall not at any time have the right to re-enter and forfeit this Lease by reason of the Tenant's default in the breach or non-observance or non- performance of any of the covenants, agreements, provisos, conditions or Rules and Regulations contained in this Lease, unless and until the Landlord shall have given to the Tenant at least five (5) business days' written notice of their intention to do so and setting forth the default complained of, and the Tenant shall have the right during such five (5) business days to cure any such default.

Appears in 3 contracts

Samples: Lease Rental Agreement, Lease Rental Agreement, Lease Rental Agreement

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Default of Tenant. 6.5.01 It Provided and it is hereby expressly agreed that if and whenever the rent Annual Rent or additional rent Additional Rent hereby reserved or any part thereof shall not be paid on the day appointed for payment thereof, whether lawfully demanded or not, or in case of breach or non-observance or non-non- performance of any of the covenants, agreements, provisos, conditions or Rules and Regulations on the part of the Tenant to be kept, observed and or performed, or in case the Demised Leased Premises shall be vacated or remain unoccupied for fifteen (15) days or in case the Term shall be taken in execution or attachment for any cause whatever, then and in every such case, it shall be lawful for the Landlord thereafter to enter into and upon the Demised Leased Premises or any part thereof in the name of the whole and the same to have again, repossess and enjoy as of its former estate, anything in this Lease contained to the contrary notwithstanding other than the proviso to this sub-paragraph. Provided ; PROVIDED that the Landlord shall not at any time have the right to re-enter and forfeit this Lease by reason of the Tenant's default in the breach or non-observance or non- performance of any payment of the covenants, agreements, provisos, conditions or Rules and Regulations contained in rent reserved by this Lease, unless and until the Landlord shall have given to the Tenant at least five (5) business days' written notice of their intention to do so and setting forth the default complained of, of and the Tenant shall have the right during such five (5) business days next following the date on such notice to cure any such defaultdefault in payment of rent. In case without the written consent of the Landlord, the Leased Premises shall be used by any other person than the Tenant or for any other purpose than that for which the same were let or in case the Term or any of the goods and chattels of the Tenant shall be at any time seized in execution or attachment by any creditor of the Tenant or if the Tenant makes any bulk sale, then in any such case this lease shall, at the option of the Landlord, cease and determine and the Term shall immediately become forfeited and void in accordance with the provisions of Section 15, RIGHT OF TERMINATION, herein.

Appears in 3 contracts

Samples: Indenture (Newbridge Networks Corp), Indenture (Newbridge Networks Corp), Indenture (Newbridge Networks Corp)

Default of Tenant. 6.5.01 It Provided and it is hereby expressly agreed that if and whenever the rent Annual Rent or additional rent Additional Rent hereby reserved or any part thereof shall not be paid on the day appointed for payment thereof, whether lawfully demanded or not, or in case of breach or non-observance or non-performance of any of the covenants, agreements, provisos, conditions or Rules and Regulations on the part of the Tenant to be kept, observed and or performed, or in case the Demised Leased Premises shall be vacated or remain unoccupied for fifteen (15) days or in case the Term shall be taken in execution or attachment for any cause whatever, then and in every such case, it shall be lawful for the Landlord thereafter to enter into and upon the Demised Leased Premises or any part thereof in the name of the whole and the same to have again, repossess and enjoy as of its former estate, anything in this Lease contained to the contrary notwithstanding other than the proviso to this sub-paragraph. Provided ; PROVIDED that the Landlord shall not at any time have the right to re-enter and forfeit this Lease by reason of the Tenant's default in the breach or non-observance or non- performance of any payment of the covenants, agreements, provisos, conditions or Rules and Regulations contained in rent reserved by this Lease, unless and until the Landlord shall have given to the Tenant at least five (5) business days' written notice of their intention to do so and setting forth the default complained of, of and the Tenant shall have the right during such five (5) business days next following the date on such notice to cure any such defaultdefault in payment of rent. In case without the written consent of the Landlord, the Leased Premises shall be used by any other person than the Tenant or for any other purpose than that for which the same were let or in case the Term or any of the goods and chattels of the Tenant shall be at any time seized in execution or attachment by any creditor of the Tenant or if the Tenant makes any bulk sale, then in any such case this lease shall, at the option of the Landlord, cease and determine and the Term shall immediately become forfeited and void in accordance with the provisions of Section 15, RIGHT OF TERMINATION, herein.

Appears in 3 contracts

Samples: Zarlink Semiconductor Inc, Indenture (PMC Sierra Inc), Indenture (Newbridge Networks Corp)

Default of Tenant. 6.5.01 It is hereby expressly agreed that if A. If (a) Tenant shall fail to pay any installment of Monthly Base Rent or fail to timely make any other payment required by the terms and whenever the rent provisions hereof and such failure to pay shall continue for more than seven (7) business days after written notice thereof to Tenant by Landlord; or additional rent hereby reserved (b) Tenant shall violate or any part thereof shall not be paid on the day appointed for payment thereof, whether lawfully demanded or not, or in case of breach or non-observance or non-performance of fail to perform any of the covenantsother terms, agreementsconditions, provisosprovisions, conditions covenants or Rules agreements herein made by Tenant, and Regulations on if such violation or failure shall continue for a period of thirty (30) days after written notice thereof to Tenant by Landlord, provided, however, that if the part nature of such violation or failure is not reasonably capable of being cured within such thirty (30) day period, then the period in which Tenant may cure such failure shall be extended to be kepta total of up to one hundred twenty (120) days, observed provided Tenant promptly commences the cure of such violation or failure within the initial thirty (30) day period and performedthereafter continually and diligently pursues the cure of such violation or failure; or (c) an Event of Bankruptcy (as specified in Section 20.D below) shall occur; or (d) Tenant’s dissolution or liquidation shall occur; or (e) any subletting, assignment, transfer, mortgage or in case other encumbrance of the Demised Premises shall be vacated or remain unoccupied for fifteen (15) days or in case the Term shall be taken in execution or attachment for any cause whateverthis Lease not permitted by Section 34, then and in every any of said events (each such caseevent, it shall be lawful for the Landlord thereafter to enter into and upon the Demised Premises or any part thereof in the name following expiration of the whole applicable notice and the same cure period is referred to have againas an “Event of Default”), repossess and enjoy as of its former estate, anything in this Lease contained to the contrary notwithstanding other than the proviso to this sub-paragraph. Provided that the Landlord shall not have the right, at its election, then or at any time have the right to re-enter and forfeit this Lease by reason thereafter while such Event of the Tenant's default in the breach or non-observance or non- performance of any of the covenantsDefault shall continue, agreements, provisos, conditions or Rules and Regulations contained in this Lease, unless and until the Landlord shall have given to the Tenant at least five (5) business days' written notice of their intention to do so and setting forth the default complained of, and the Tenant shall have the right during such five (5) business days to cure any such default.either:

Appears in 2 contracts

Samples: Lease Agreement (Intelsat S.A.), Purchase and Sale Agreement (Intelsat S.A.)

Default of Tenant. 6.5.01 It is hereby expressly agreed that if 22.1 If and whenever the rent or additional rent hereby reserved or any part thereof shall not be paid on the day appointed for payment thereof, whether lawfully demanded or not, or in case of breach or of non-observance or non-performance of any of the covenants, agreements, provisos, provisos and conditions or Rules and Regulations on the part of the Tenant to be kept, observed and or performed, or in case the Demised Leased Premises shall be vacated or remain unoccupied for fifteen (15) days or in case the Term shall be taken in execution or attachment for any cause whatever, then and in every such case, it shall be lawful for the Landlord thereafter to enter into and upon the Demised Leased Premises or any part thereof in the name of the whole and the same to have again, repossess and enjoy as of its former estate, anything in this Lease contained to the contrary notwithstanding other than the proviso to this sub-paragraphClause 22. Provided that the Landlord shall not at any time have the right to re-enter and forfeit this Lease by reason of the Tenant's default in payment of the breach rent reserved by this Lease or non-observance or non- performance by reason of the failure of the Tenant to comply with any of the covenants, agreements, provisos, conditions or Rules and Regulations contained in its obligations under this Lease, unless and until the Landlord shall have given to the Tenant at least five (5) business days' days written notice of their its intention so to do so and setting forth the default complained of, of and the Tenant shall have the right during such five (5) business days to cure any such defaultdefault in payment of rent or cure any default of the Tenant's obligations, as the case may be.

Appears in 2 contracts

Samples: Lease (Intracel Corp), Lease (Intracel Corp)

Default of Tenant. 6.5.01 It PROVIDED and it is hereby expressly agreed that if and an whenever the rent or additional rent hereby reserved or any part thereof shall not be paid on the day appointed for payment thereof, whether lawfully demanded or not, or in case of breach or non-observance or non-performance of any of the covenants, agreements, provisos, conditions or Rules and Regulations on the part of the Tenant to be kept, observed and or performed, or in case the Demised Premises shall be vacated or remain unoccupied for fifteen (15) days or in case the Term shall be taken in execution or attachment for any cause whatever, then and in every such case, it shall be lawful for the Landlord thereafter to enter into and upon the Demised Premises or any part thereof in the name of the whole and the same to have again, repossess and enjoy as of its former estate, anything in this Lease lease contained to the contrary notwithstanding other than the proviso to this sub-paragraph. Provided paragraph 15: PROVIDED that notwithstanding anything to the contrary this paragraph 15 contained, the Landlord shall not at any time have the right to re-enter and forfeit this Lease by reason of the Tenant's default in the breach or non-observance or non- performance of any payment of the covenants, agreements, provisos, conditions or Rules and Regulations contained in rent reserved by this Lease, unless and until the Landlord shall have given to the Tenant tenant at least lease five (5) business days' days written notice of their its intention so to do so and an setting forth the default complained of, of and the Tenant shall have the right during such five (5) business days to cure any such defaultdefault in payment of rent.

Appears in 1 contract

Samples: Lifeline Systems Inc

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Default of Tenant. 6.5.01 It is hereby expressly agreed that if If and whenever (i) the rent or additional rent hereby reserved or any part thereof shall not be paid on when due, and which default has not been remedied within five (5) days after notice thereof has been given by the day appointed for payment thereof, whether lawfully demanded Landlord to the Tenant; or not, or (ii) in the case of breach or the breach, non-observance or non-performance of any of the covenants, agreements, provisos, conditions covenants or agreements or Rules and Regulations herein contained or referred to on the part of the Tenant to be kept, observed and performedperformed other than the covenant to pay rent or any other payment required hereunder, which is not remedied within ten (10) days after notice has been given by the Landlord specifying the default, or in case if the Demised Premises nature of such default is such that it cannot with due diligence be remedied within such period and provided the Tenant proceeds with due diligence to remedy such default, then within such longer period as shall be vacated reasonably required to remedy such default with diligence; or remain unoccupied for fifteen (15iii) days or in case the Term shall be taken in execution or attachment for any cause whatever, ; then and in every such case, each case it shall be lawful for the Landlord at any time thereafter to re-enter into and upon the Demised Premises or any part thereof in the name of the whole and the same to have again, repossess take possession thereof and enjoy as of its former estate, anything in this Lease contained estate to the contrary notwithstanding other than the proviso to this sub-paragraph. Provided that the Landlord shall not at any time have the right to re-enter and forfeit this Lease by reason exclusion of the Tenant's default in , and it may expel all persons and remove all property from the breach or non-observance or non- performance of any of the covenants, agreements, provisos, conditions or Rules Demised Premises without resort to legal process and Regulations contained in this Lease, unless and until the Landlord shall have given without compensation to the Tenant at least five (5) business days' written notice of their intention to do so and setting forth the default complained of, and the Tenant shall have the right during such five (5) business days to cure any such defaultTenant.

Appears in 1 contract

Samples: Indenture (Oncogenex Technologies Inc)

Default of Tenant. 6.5.01 It 12. Provided and it is hereby expressly agreed that if and whenever the rent or additional rent hereby reserved or any part thereof shall not be paid on the day appointed for payment thereof, whether lawfully demanded or not, or in case of breach or non-observance or non-performance of any of the covenants, agreements, provisos, conditions or Rules rules and Regulations regulations on the part of the Tenant to be kept, observed and or performed, or in case the Demised Leased Premises shall be vacated or remain unoccupied for fifteen (15) days or in case the Term shall be taken in execution or attachment for any cause whatever, then and in every such case, it shall be lawful for the Landlord thereafter to, in addition to and not as replacement for any remedies or rights it may have in law, enter into and upon the Demised Leased Premises or any part thereof in the name of the whole and the same to have again, repossess and enjoy as of its former estate, anything in this Lease contained to the contrary notwithstanding other than the proviso to this sub-paragraphParagraph 12. Provided that notwithstanding anything to the contrary herein before in this Paragraph 12 contained, the Landlord shall not at any time have the right to re-enter and forfeit this Lease by reason of the Tenant's ’s default in the breach or non-observance or non- performance of any payment of the covenants, agreements, provisos, conditions rent or Rules and Regulations contained the Tenant’s default in paying any other amounts owing to the Landlord as called for by this Lease, unless and until the Landlord shall have given to the Tenant at least five two (52) business days' , in the case of monetary defaults, and ten (10) business days, in the case of non-monetary defaults, written notice of their its intention so to do so and setting forth the default complained of, of and the Tenant shall have the right during such five two (52) business days or ten (10) business days, as applicable, to cure any such default.

Appears in 1 contract

Samples: Lease (Zix Corp)

Default of Tenant. 6.5.01 It Provided and it is hereby expressly agreed that if and whenever the rent Annual Rent or additional rent Additional Rent hereby reserved or any part thereof shall not be paid on the day appointed for payment thereof, whether lawfully demanded or not, or in case of breach or non-non observance or non-non performance of any of the covenants, agreements, provisos, conditions or Rules and Regulations on the part of the Tenant to be kept, observed and or performed, or in case the Demised Premises shall be vacated or remain unoccupied for fifteen (15) days , or in case the Term shall be taken in execution or attachment for any cause whatever, then and in every such case, it shall be lawful for the Landlord thereafter to enter into and upon the Demised Leased Premises or any part thereof in the name of the whole and the same to have again, repossess and enjoy as of its former estate, anything in this Lease contained to the contrary notwithstanding other than the proviso to this sub-paragraph. Provided ; PROVIDED that the Landlord shall not at any time have the right to re-re enter and forfeit this Lease by reason of the Tenant's ’s default in: (i) the payment of the rent reserved by this Lease, unless and until the Landlord shall have given to the Tenant written notice setting forth the default complained of and the Tenant shall have the right during ten (10) days next following the date on such notice to cure any such default in payment of rent, or (ii) the breach or non-observance or non- non-performance of any of the covenants, agreements, provisos, conditions or Rules and Regulations contained in this Leaseon the part of the Tenant to be kept, observed or performed, unless and until the Landlord shall have given to the Tenant at least five (5) business days' written notice of their intention to do so and setting forth the default complained of, and the Tenant shall have the right during fifteen (15) days next following the date on such five (5) business days notice to cure any such defaultdefault (or such longer period of time to which the Landlord may agree provided the Tenant is actively taking steps to cure). In case without the written consent of the Landlord, the Leased Premises shall be used by any other person than the Tenant or for any other purpose than that for which the same were let or in case the Term or any of the goods and chattels of the Tenant shall be at any time seized in execution or attachment by any creditor of the Tenant or if the Tenant makes any bulk sale, then in any such case this lease shall, at the option of the Landlord, cease and determine and the Term shall immediately become forfeited and void in accordance with the provisions of Article 15, Right of Termination, herein.

Appears in 1 contract

Samples: Lease Entire Agreement (Mitel Networks Corp)

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