Common use of Equipment Lien Clause in Contracts

Equipment Lien. In addition to the security deposit, currently held by Landlord, Tenant hereby agrees to pledge as security, the Tenant’s property consisting of machinery, trade equipment, business and trade fixtures, refrigeration equipment, cabinetry, countertops, tables and chairs, and other trade equipment whether presently placed or installed or hereafter placed or installed at said Premises and including substitutions, accessions, additions and replacements thereof or thereto by Tenant, subtenants of Tenant or assignees of Tenant. All rent, reasonable expenses of retaking, holding, preparing for sale or lease, selling or otherwise disposing of Tenant’s property, together with reasonable attorney’s fees and court costs are secured by this agreement. Tenant represents and warrants that it is the owner of Tenant’s property except for the security interest granted by this agreement. The term “Tenant’s property” shall not include or be deemed to include any item now or hereinafter installed in the Premises that is an integral part of the Building, including, without limiting the generality of the foregoing, heating plants and systems and air conditioning, electrical and plumbing fixtures, and other like equipment and fixtures. All such items now or hereafter installed in the Premises by Tenant, Landlord or Tenant’s sub-Tenant or Tenant’s assigned belong to the Landlord upon installation. At no time will the Landlord agree to sign a Waiver from any lending institution and/or finance company regarding its rights to the “Tenant’s property”. In addition to Landlord’s lien pursuant to Chapter 83, Florida Statutes, Tenant hereby grants to and in favor of Landlord a security interest in Tenant’s right, title and interest in and to Tenant’s Property during the Term, and authorizes Landlord to file and/or record any and all UCC Financing Statements and Amendments thereto as Landlord shall from time to time deem necessary in connection with such security interest. Tenant will keep Tenant’s property in good condition and repair, reasonable wear and tear excepted. Tenant will permit Landlord and its agents to inspect Tenant’s Property at any time without prior notice. Tenant shall be in default under this Lease if Tenant removes, replaces or sells Tenant’s property without the written consent of Landlord. In addition, to all of the remedies set forth in the Lease, Landlord shall have the option to remove and store Tenant’s property at the expense of Tenant or sell the same on behalf of Tenant at public or private sale in such manner as is commercially reasonable, with any proceeds thereof to be first applied to the costs and expenses, including attorney’s fees, of the storage and sale and the payment of any amounts owed by Tenant under this Lease, or (b) treat the same as abandoned property and remove and claim or dispose of the same in such manner as Landlord may elect, all at the expense of Tenant.

Appears in 2 contracts

Samples: Retail Lease Agreement, Retail Lease Agreement

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Equipment Lien. In addition to the security deposit, currently held by Landlord, Tenant hereby agrees to pledge as security, the Tenant’s property consisting of machinery, trade equipment, business and trade fixtures, refrigeration equipment, cabinetry, countertops, tables and chairs, and other trade equipment whether presently placed or installed or hereafter placed or installed at said Premises and including substitutions, accessions, additions and replacements thereof or thereto by Tenant, subtenants of Tenant or assignees of Tenant. All rent, reasonable expenses of retaking, holding, preparing for sale or lease, selling or otherwise disposing of Tenant’s property, together with reasonable attorney’s fees and court costs are secured by this agreement. Tenant represents and warrants that it is the owner of Tenant’s property except for the security interest granted by this agreement. The term “Tenant’s property” shall not include or be deemed to include any item now or hereinafter installed in the Premises that is an integral part of the Building, including, without limiting the generality of the foregoing, heating plants and systems and air conditioning, electrical and plumbing fixtures, and other like equipment and fixtures. All such items now or hereafter installed in the Premises by Tenant, Landlord or Tenant’s sub-Tenant or Tenant’s assigned belong to the Landlord upon installation. At no time will the Landlord agree to sign a Waiver from any lending institution and/or finance company regarding its rights to the “Tenant’s property”. In addition to Landlord’s lien pursuant to Chapter 83, Florida Statutes, Tenant hereby grants to and in favor of Landlord a security interest in Tenant’s right, title and interest in and to Tenant’s Property during the Term, and authorizes Landlord to file and/or record any and all UCC Financing Statements and Amendments thereto as Landlord shall from time to time deem necessary in connection with such security interest. Tenant will keep Tenant’s property in good condition and repair, reasonable wear and tear excepted. Tenant will permit Landlord and its agents to inspect Tenant’s Property at any time without prior notice. Tenant shall be in default under this Lease if Tenant removes, replaces or sells Tenant’s property without the written consent of Landlord. In addition, to all of the remedies set forth in the Lease, Landlord shall have the option to remove and store Tenant’s property at the expense of Tenant or sell the same on behalf of Tenant at public or private sale in such manner as is commercially reasonable, with any proceeds thereof to be first applied to the costs and expenses, including attorney’s fees, of the storage and sale and the payment of any amounts owed by Tenant under this Lease, or (b) treat the same as abandoned property and remove and claim or dispose of the same in such manner as Landlord may elect, all at the expense of TenantXxxxxx.

Appears in 1 contract

Samples: Retail Lease Agreement

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Equipment Lien. In addition to the security deposit, currently held by Landlorddeposit above, Tenant hereby agrees to pledge as security, the Tenant’s property consisting of machinery, trade equipment, business and trade fixtures, refrigeration equipment, cabinetry, countertops, tables and chairs, and other trade equipment whether presently placed or installed or hereafter placed or installed at said Premises and including substitutions, accessions, additions and replacements thereof or thereto by Tenant, subtenants of Tenant or assignees of Tenant. All rent, reasonable expenses of retaking, holding, preparing for sale or lease, selling or otherwise disposing of Tenant’s property, together with reasonable attorney’s fees and court costs are secured by this agreement. Tenant represents and warrants that it is the owner of Tenant’s property except for the security interest granted by this agreement. The term “Tenant’s property” shall not include or be deemed to include any item now or hereinafter installed in the Premises that is an integral part of the Building, including, without limiting the generality of the foregoing, heating plants and systems and air conditioning, electrical and plumbing fixtures, and other like equipment and fixtures. All such items now or hereafter installed in the Premises by Tenant, Landlord or Tenant’s sub-Tenant or Tenant’s assigned belong to the Landlord upon installation. At no time will the Landlord agree to sign a Waiver from any lending institution and/or finance company regarding its rights to the “Tenant’s property”. In addition to Landlord’s lien pursuant to Chapter 83, Florida Statutes, Tenant hereby grants to and in favor of Landlord a security interest in Tenant’s right, title and interest in and to Tenant’s Property during the Term, and authorizes Landlord to file and/or record any and all UCC Financing Statements and Amendments thereto as Landlord shall from time to time deem necessary in connection with such security interest. Tenant will keep Tenant’s property in good condition and repair, reasonable wear and tear excepted. Tenant will permit Landlord and its agents to inspect Tenant’s Property at any time without prior notice. Tenant shall be in default under this Lease if Tenant removes, replaces or sells Tenant’s property without the written consent of Landlord. In addition, to all of the remedies set forth in the Lease, Landlord shall have the option to remove and store Tenant’s property at the expense of Tenant or sell the same on behalf of Tenant at public or private sale in such manner as is commercially reasonable, with any proceeds thereof to be first applied to the costs and expenses, including attorney’s fees, of the storage and sale and the payment of any amounts owed by Tenant under this Lease, or (b) treat the same as abandoned property and remove and claim or dispose of the same in such manner as Landlord may elect, all at the expense of Tenant.

Appears in 1 contract

Samples: Office Lease

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