NYC 9/11 Public Portal Document
AR'nCLE 30
CONDITIONS OF LIMITATION
(A) This Lease and the Term and estate hereby granted are subject to the limitations
that:
(a) if Tenant shall file a voluntary petition seeking an order for relief under Title
11 of the United States Code, or Tenant shall be adjudicated a debtor, bankrupt or insolvent, or
shall file any petition or answer seeking, consenting to or acquiescing in any order for relief,
reorganization, arrangement, composition, adjustment, winding-up, liquidation, dissolution or
similar relief with respect to Tenant or its debts under the present or any future federal
bankruptcy act or any other present or future applicable federal, state or other statute or law
(foreign or domestic), or shall file an answer admitting or failing to deny the material allegations
of a petition against it for any such relief or shall generally not, or shall be unable to, pay its
debts as they become due or shall admit its insolvency or its inability to pay its debts as they
become due, or shall make a general assignment for the benefit of creditors or shall seek or
consent or acquiesce in the appointment of any trustee, receiver, examiner, assignee,
sequestrator, custodian or liquidator or similar official of Tenant or of all or any part of Tenant's
property or if Tenant shall take any action in furtherance of or authorizing any of the foregoing;
or if Tenant shall call a meeting of, or propose any form of arrangement, composition, extension
or adjustment with, its creditors holding a majority in amount of Tenant's outstanding
indebtedness; or
(b) if any case, proceeding or other action shall be commenced or instituted
against Tenant, seeking to adjudicate Tenant a bankrupt or insolvent, or seeking an order for
relief against Tenant as debtor, or reorganization, arrangement, composition, adjustment,
winding-up, liquidation, dissolution or similar relief with respect to Tenant or its debts under any
present or future federal bankruptcy act or any other present or future applicable federal, state or
other statute or law (foreign or domestic), or seeking appointment of any trustee, receiver,
examiner, assignee, sequestrator, custodian or liquidator or similar official of Tenant or of all or
any part of Tenant's property, which either (i) results in the entry of an order for relief,
adjudication of bankruptcy or insolvency or such an appointment or the issuance or entry of any
other order having a similar effect or (ii) remains undismissed for a period of sixty (60) days; or
if any case, proceeding or other action shall be commenced or instituted against Tenant seeking
issuance of a warrant of execution, attachment, distraint or similar process against Tenant or any
of Tenant's property in the Demised Premises which results in either (x) the entry of an order for
any such relief which shall not have been vacated, discharged, or stayed or bonded pending
appeal within ninety (90) days after the entry thereof or (y) the taking or occupancy of the
Demised Premises or an attempt to take or occupy the Demised Premises; or
(c) if Tenant shall default in the payment when due of any installment of fixed
rent or in the payment when due of any additional rent, and any such default shall continue for a
period of five (5) business days after notice by Landlord to Tenant that such rent is due; or
F;\CR\LHC\ 4219.1016\NEWLSE.FNL 49
NYC-WTC_000166981
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