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6D(2)
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11-08-12 Packet
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6D(2)
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15. Events of Default by Lessee. Each of the following events shall constitute an <br /> "Event of Default" for purposes of this Lease: (i) Lessee defaults in the payment when due of <br /> the Rental Payment or any other amounts owed by Lessee to Lessor under the terms of this <br /> Lease, (ii) Lessee fails to perform any obligation or observe any covenant or condition to be <br /> performed or observed by Lessee, or breaches any representation or provision contained herein <br /> and such failure shall continue un-remedied for thirty (30) consecutive calendar days; (iii) Lessee <br /> ceases its South Bend Operations during the term of the Lease; (iv) Lessee: (a) makes an <br /> assignment for the benefit of creditors; (b) becomes insolvent; (c) admits in writing an inability <br /> to pay its debts as they become due; (d) becomes the subject of a voluntary or involuntary case <br /> commenced under the United States Bankruptcy Code, as now constituted or hereafter amended, <br /> or any other applicable Federal or state bankruptcy, insolvency or similar law; (e) is dissolved or <br /> liquidated, or any action is taken which could result in the dissolution or liquidation of Lessee; <br /> (f) a receiver, trustee or liquidator is appointed with respect to Lessee's assets; (v) any lien is <br /> created with respect to the Equipment (other than a lien created by Lessor); or(vi) the occurrence <br /> of any sale, transfer, conveyance or other disposition of all or any part of the Equipment or any <br /> attempt to sell, transfer, convey or otherwise dispose of all or any part of the Equipment. <br /> 16. Remedies, Upon the occurrence of an Event of Default by Lessee under this <br /> Lease, Lessor may, at its option, take any one or more of the following courses of action: <br /> (i) terminate this Lease; (ii) proceed by appropriate judicial action to enforce this Lease and <br /> recover damages caused by the breach, including, without limitation, attorneys' fees, court costs <br /> and other collection costs; (iii) demand that Lessee return the Equipment to Lessor in Returnable <br /> Condition within thirty (30) days; (iv) require Lessee to purchase the Equipment pursuant to <br /> Section 10 hereof and/or (v) accelerate all sums due under this Lease plus interest at the Default <br /> Rate. In addition, Lessee shall be liable for all reasonable attorneys' fees and other costs and <br /> expenses resulting from the occurrence of any Event of Default or the exercise by Lessor of any <br /> of the remedies available to it. <br /> 17. Representations of Lessee. Lessee represents and warrants to Lessor that: <br /> (a) The execution, delivery and performance of this Lease have all <br /> been duly authorized by all necessary action on the part of Lessee; and <br /> (b) This Lease constitutes a legal, valid and binding agreement of <br /> Lessee and is enforceable in accordance with its terms. <br /> 18. Representations of Lessor. Lessor represents and warrants to Lessee that: <br /> (a) The execution, delivery and performance of this Lease have all <br /> been duly authorized by all necessary action on the part of Lessor; and <br /> (b) This Lease constitutes a legal, valid and binding agreement of <br /> Lessor and is enforceable in accordance with its terms. <br /> 19. Assignment and Subletting. Without Lessor's prior written consent (which it <br /> may withhold in its sole discretion), Lessee shall not (i) assign, transfer, pledge, hypothecate, or <br /> otherwise dispose of the Equipment or any interest therein; or (ii) sublet or lend the Equipment <br /> or permit it to be used by anyone, other than Lessee or Lessee's employees, parent company, <br /> - 7 - <br /> BDDBO] 9491441v5 <br />
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