OF ANY
OF THE TERMS, COVENANTS OR AGREEMENTS CONTAINED HEREIN TO BE PERFORMED OR
OBSERVED BY IT (OTHER THAN AS SPECIFIED IN CLAUSE (A) ABOVE) AND SHOULD SUCH
DEFAULT CONTINUE FOR A PERIOD OF THIRTY (30) DAYS AFTER NOTICE THEREOF FROM
LANDLORD TO TENANT; PROVIDED, HOWEVER, THAT IF SUCH DEFAULT IS SUSCEPTIBLE OF
CURE BUT SUCH CURE CANNOT BE ACCOMPLISHED WITH DUE DILIGENCE WITHIN SUCH PERIOD
OF TIME AND IF, IN ADDITION, TENANT COMMENCES TO CURE OR CAUSE TO BE CURED SUCH
DEFAULT WITHIN THIRTY (30) DAYS AFTER NOTICE THEREOF FROM LANDLORD AND
THEREAFTER PROSECUTES THE CURING OF SUCH DEFAULT WITH ALL DUE DILIGENCE, SUCH
PERIOD OF TIME SHALL BE EXTENDED TO SUCH PERIOD OF TIME (NOT TO EXCEED AN
ADDITIONAL NINETY (90) DAYS IN THE AGGREGATE) AS MAY BE NECESSARY TO CURE SUCH
DEFAULT WITH ALL DUE DILIGENCE; OR
(C)
SHOULD ANY OBLIGATION OF TENANT OR ANY GUARANTOR IN RESPECT OF ANY
INDEBTEDNESS OF TWENTY MILLION DOLLARS ($20,000,000) OR MORE FOR MONEY BORROWED
OR FOR ANY MATERIAL PROPERTY OR SERVICES, OR ANY GUARANTY RELATING THERETO, BE
DECLARED TO BE OR BECOME DUE AND PAYABLE PRIOR TO THE STATED MATURITY THEREOF,
OR SHOULD THERE OCCUR AND BE CONTINUING WITH RESPECT TO ANY SUCH INDEBTEDNESS
ANY EVENT OF DEFAULT UNDER ANY INSTRUMENT OR AGREEMENT EVIDENCING OR SECURING
THE SAME, THE EFFECT OF WHICH IS TO PERMIT THE HOLDER OR HOLDERS OF SUCH
INSTRUMENT OR AGREEMENT OR A TRUSTEE, AGENT OR OTHER REPRESENTATIVE ON BEHALF OF
SUCH HOLDER OR HOLDERS, TO CAUSE ANY SUCH OBLIGATIONS TO BECOME DUE PRIOR TO ITS
STATED MATURITY; OR
(D)
SHOULD AN EVENT OF DEFAULT OCCUR AND BE CONTINUING BEYOND THE
EXPIRATION OF ANY APPLICABLE CURE PERIOD UNDER ANY GUARANTY; OR
47
(E)
SHOULD TENANT OR ANY GUARANTOR GENERALLY NOT BE PAYING ITS DEBTS
AS THEY BECOME DUE OR SHOULD TENANT OR ANY GUARANTOR MAKE A GENERAL ASSIGNMENT
FOR THE BENEFIT OF CREDITORS; OR
(F)
SHOULD ANY PETITION BE FILED BY OR AGAINST TENANT OR ANY
GUARANTOR UNDER THE FEDERAL BANKRUPTCY LAWS, OR SHOULD ANY OTHER PROCEEDING BE
INSTITUTED BY OR AGAINST TENANT OR ANY GUARANTOR SEEKING TO ADJUDICATE TENANT OR
ANY GUARANTOR A BANKRUPT OR INSOLVENT, OR SEEKING LIQUIDATION, REORGANIZATION,
ARRANGEMENT, ADJUSTMENT OR COMPOSITION OF TENANT'S OR ANY GUARANTOR'S DEBTS
UNDER ANY LAW RELATING TO BANKRUPTCY, INSOLVENCY OR REORGANIZATION OR RELIEF OF
DEBTORS, OR SEEKING THE ENTRY OF AN ORDER FOR RELIEF OR THE APPOINTMENT OF A
RECEIVER, TRUSTEE, CUSTODIAN OR OTHER SIMILAR OFFICIAL FOR TENANT OR ANY
GUARANTOR OR FOR ANY SUBSTANTIAL PART OF THE PROPERTY OF TENANT OR ANY GUARANTOR
AND SUCH PROCEEDING IS NOT DISMISSED WITHIN ONE HUNDRED EIGHTY (180) DAYS AFTER
INSTITUTION THEREOF; OR
(G)
SHOULD TENANT OR ANY GUARANTOR CAUSE OR INSTITUTE ANY PROCEEDING
FOR ITS DISSOLUTION OR TERMINATION; OR
(H)
SHOULD THE ESTATE OR INTEREST OF TENANT IN THE LEASED PROPERTY OR
ANY PART THEREOF BE LEVIED UPON OR ATTACHED IN ANY PROCEEDING AND THE SAME SHALL
NOT BE VACATED OR DISCHARGED WITHIN THE LATER OF (X) NINETY (90)