LANDLORD WHEN DUE HEREUNDER, SHALL BEAR
INTEREST AT THE RATE OF FIVE PERCENT (5%) PER ANNUM ABOVE THE "PRIME" OR
"REFERENCE" OR "BASE" RATE (ON A PER ANNUM BASIS) OF INTEREST PUBLICLY ANNOUNCED
AS SUCH, FROM TIME TO TIME, BY THE JPMORGAN CHASE BANK, OR ITS SUCCESSOR
("DEFAULT INTEREST"), FROM THE DUE DATE THEREOF UNTIL PAID, AND SUCH INTEREST
SHALL BE AND CONSTITUTE ADDITIONAL RENT AND BE DUE AND PAYABLE UPON LANDLORD'S
OR AGENT'S SUBMISSION OF AN INVOICE THEREFOR.
THE VARIOUS RIGHTS, REMEDIES AND
ELECTIONS OF LANDLORD RESERVED, EXPRESSED OR CONTAINED HEREIN ARE CUMULATIVE AND
NO ONE OF THEM SHALL BE DEEMED TO BE EXCLUSIVE OF THE OTHERS OR OF SUCH OTHER
RIGHTS, REMEDIES, OPTIONS OR ELECTIONS AS ARE NOW OR MAY HEREAFTER BE CONFERRED
UPON LANDLORD BY LAW.
22.4.
EVENT OF BANKRUPTCY.
IN ADDITION TO, AND IN NO WAY LIMITING THE
OTHER REMEDIES SET FORTH HEREIN, LANDLORD AND TENANT AGREE THAT IF TENANT EVER
BECOMES THE SUBJECT OF A VOLUNTARY OR INVOLUNTARY BANKRUPTCY, REORGANIZATION,
COMPOSITION, OR OTHER SIMILAR TYPE
19
PROCEEDING UNDER THE FEDERAL BANKRUPTCY LAWS, AS NOW ENACTED OR HEREINAFTER
AMENDED, THEN: (A) "ADEQUATE ASSURANCE OF FUTURE PERFORMANCE" BY TENANT PURSUANT
TO BANKRUPTCY CODE SECTION 365 WILL INCLUDE (BUT NOT BE LIMITED TO) PAYMENT OF
AN ADDITIONAL/NEW SECURITY DEPOSIT IN THE AMOUNT OF THREE TIMES THE THEN CURRENT
BASE RENT PAYABLE HEREUNDER; (B) ANY PERSON OR ENTITY TO WHICH THIS LEASE IS
ASSIGNED, PURSUANT TO THE PROVISIONS OF THE BANKRUPTCY CODE, SHALL BE DEEMED,
WITHOUT FURTHER ACT OR DEED, TO HAVE ASSUMED ALL OF THE OBLIGATIONS OF TENANT
ARISING UNDER THIS LEASE ON AND AFTER THE EFFECTIVE DATE OF SUCH ASSIGNMENT, AND
ANY SUCH ASSIGNEE SHALL, UPON DEMAND BY LANDLORD, EXECUTE AND DELIVER TO
LANDLORD AN INSTRUMENT CONFIRMING SUCH ASSUMPTION OF LIABILITY; (C)
NOTWITHSTANDING ANYTHING IN THIS LEASE TO THE CONTRARY, ALL AMOUNTS PAYABLE BY
TENANT TO OR ON BEHALF OF LANDLORD UNDER THIS LEASE, WHETHER OR NOT EXPRESSLY
DENOMINATED AS "RENT", SHALL CONSTITUTE "RENT" FOR THE PURPOSES OF SECTION
502(B)(6) OF THE BANKRUPTCY CODE; AND (D) IF THIS LEASE IS ASSIGNED TO ANY
PERSON OR ENTITY PURSUANT TO THE PROVISIONS OF THE BANKRUPTCY CODE, ANY AND ALL
MONIES OR OTHER CONSIDERATIONS PAYABLE OR OTHERWISE TO BE DELIVERED TO LANDLORD
OR AGENT (INCLUDING BASE RENT, ADDITIONAL RENT AND OTHER AMOUNTS HEREUNDER),
SHALL BE AND REMAIN THE EXCLUSIVE PROPERTY OF LANDLORD AND SHALL NOT CONSTITUTE
PROPERTY OF TENANT OR OF THE BANKRUPTCY ESTATE OF TENANT.
ANY AND ALL MONIES OR
OTHER CONSIDERATIONS CONSTITUTING LANDLORD'S PROPERTY UNDER THE PRECEDING
SENTENCE NOT PAID OR DELIVERED TO LANDLORD OR AGENT SHALL BE HELD IN TRUST BY
TENANT OR TENANT'S BANKRUPTCY ESTATE FOR THE BENEFIT OF LANDLORD AND SHALL BE
PROMPTLY PAID TO OR TURNED OVER TO LANDLORD.
23.
MISCELLANEOUS.
23.1.
ESTOPPEL CERTIFICATES.
TENANT AGREES TO FURNISH, FROM TIME TO TIME,
WITHIN TEN (10) BUSINESS DAYS AFTER RECEIPT OF A WRITTEN REQUEST FROM LANDLORD,
FOR THE BENEFIT OF LANDLORD, LANDLORD'S AGENT, LANDLORD'S MORTGAGEE, ANY
PROSPECTIVE LENDER OR ANY PROSPECTIVE PURCHASER OF THE