SPECIFIC
"SELF-HELP" RIGHTS LANDLORD MAY HAVE ELSEWHERE IN THIS LEASE.
ARTICLE XX
BANKRUPTCY
20.1
AN "EVENT OF BANKRUPTCY" IS THE OCCURRENCE WITH RESPECT TO TENANT,
GUARANTOR OR A GENERAL PARTNER, OF ANY OF THE FOLLOWING: (A) SUCH PERSON OR
ENTITY BECOMING INSOLVENT, AS THAT TERM IS DEFINED IN TITLE 11 OF THE UNITED
STATES CODE (THE "BANKRUPTCY CODE") OR UNDER THE INSOLVENCY LAWS OF ANY STATE
(THE "INSOLVENCY LAWS"); (B) THE APPOINTMENT OF A RECEIVER OR
F-48
CUSTODIAN FOR ANY PROPERTY OF SUCH PERSON OR ENTITY, OR THE INSTITUTION OF A
FORECLOSURE OR ATTACHMENT ACTION UPON ANY PROPERTY OF SUCH PERSON OR ENTITY; (C)
THE FILING BY SUCH PERSON OR ENTITY OF A VOLUNTARY PETITION UNDER THE PROVISIONS
OF THE BANKRUPTCY CODE OR ANY INSOLVENCY LAWS; (D) THE FILING OF AN INVOLUNTARY
PETITION AGAINST SUCH PERSON OR ENTITY AS THE SUBJECT DEBTOR UNDER THE
BANKRUPTCY CODE OR ANY INSOLVENCY LAWS, WHICH EITHER (I) IS NOT DISMISSED WITHIN
SIXTY (60) DAYS OF THE FILING THEREOF, OR (II) RESULTS IN THE ISSUANCE OF AN
ORDER FOR RELIEF AGAINST THE DEBTOR; OR (E) SUCH PERSON OR ENTITY MAKING OR
CONSENTING TO AN ASSIGNMENT FOR THE BENEFIT OF CREDITORS OR A COMPOSITION OF
CREDITORS.
20.2
UPON THE OCCURRENCE OF AN EVENT OF BANKRUPTCY, LANDLORD SHALL HAVE
ALL RIGHTS AND REMEDIES AVAILABLE PURSUANT TO ARTICLE XIX; PROVIDED, HOWEVER,
THAT WHILE A CASE IN WHICH TENANT IS A DEBTOR UNDER THE BANKRUPTCY CODE,
LANDLORD'S RIGHT TO TERMINATE THIS LEASE SHALL BE SUBJECT, IF AND ONLY TO THE
EXTENT REQUIRED BY THE BANKRUPTCY CODE, TO ANY RIGHTS OF TENANT OR ITS TRUSTEE
IN BANKRUPTCY (COLLECTIVELY, "TRUSTEE") TO ASSUME OR ASSUME AND ASSIGN THIS
LEASE PURSUANT TO THE BANKRUPTCY CODE.
AFTER THE COMMENCEMENT OF SUCH CASE: (A)
TRUSTEE SHALL PERFORM ALL POST-PETITION OBLIGATIONS OF TENANT UNDER THIS LEASE;
AND (B) IF LANDLORD IS ENTITLED TO DAMAGES (INCLUDING, WITHOUT LIMITATION,
UNPAID RENT) PURSUANT TO THE TERMS OF THIS LEASE, THEN ALL SUCH DAMAGES SHALL BE
ENTITLED TO ADMINISTRATIVE EXPENSE PRIORITY TO THE FULLEST EXTENT PERMITTED BY
THE BANKRUPTCY CODE.
ANY PERSON OR ENTITY TO WHICH THIS LEASE IS ASSIGNED
PURSUANT TO THE BANKRUPTCY CODE SHALL BE DEEMED WITHOUT FURTHER ACT OR DEED TO
HAVE ASSUMED ALL OF THE OBLIGATIONS ARISING UNDER THIS LEASE ON AND AFTER THE
DATE OF ASSIGNMENT, AND ANY SUCH ASSIGNEE SHALL, UPON REQUEST, EXECUTE AND
DELIVER TO LANDLORD AN INSTRUMENT CONFIRMING SUCH ASSUMPTION.
TRUSTEE SHALL NOT
HAVE THE RIGHT TO ASSUME OR ASSUME AND ASSIGN THIS LEASE UNLESS TRUSTEE PROMPTLY
(I) CURES ALL DEFAULTS UNDER THIS LEASE, (II) COMPENSATES LANDLORD FOR ALL
DAMAGES INCURRED AS A RESULT OF SUCH DEFAULTS, (III) PROVIDES ADEQUATE ASSURANCE
OF FUTURE PERFORMANCE ON THE PART OF TRUSTEE AS DEBTOR IN POSSESSION OR
TRUSTEE'S ASSIGNEE, AND (IV) COMPLIES WITH ALL OTHER REQUIREMENTS OF THE
BANKRUPTCY CODE.
IF TRUSTEE FAILS TO ASSUME OR ASSUME AND ASSIGN THIS LEASE IN
ACCORDANCE WITH THE REQUIREMENTS OF THE BANKRUPTCY CODE WITHIN SIXTY (60) DAYS
AFTER THE INITIATION OF SUCH CASE, THEN TRUSTEE SHALL BE