Landlord Lien Clause Samples

Landlord Lien. Landlord hereby waives, releases and relinquishes any and all claims, rights, interests, liens upon, and rights of distraint, levy, attachment or recourse (whether arising by virtue of statute, common law or otherwise) against any of Tenant’s Personal Property. The foregoing waiver, release and relinquishment is self-operative and does not require any further instrument or document. Notwithstanding the foregoing, ▇▇▇▇▇▇▇▇ hereby agrees to furnish, upon written request and at ▇▇▇▇▇▇’s cost and expense, waivers of Landlord’s rights and liens as described herein and shall exempt the same from distraint, levy, attachment or recourse using Landlord’s standard form reasonably acceptable to Tenant and Landlord. For the avoidance of doubt, no property of Tenant’s customers will be subject to a lien, distraint, levy, attachment, or recourse from Landlord.

Landlord Lien. In additional to any statutory landlord's lien and in order to secure payment of the Rent and all other sums payable hereunder by Tenant, and to secure payment of any loss, cost or damage which Landlord may suffer by reason of an Event of Default, Tenant hereby grants unto Landlord, to the maximum extent permitted by Applicable Law, a security interest in and express contractual lien upon Tenant's interest in all ledger sheets, files, records, documents and instruments (including, without limitation, computer programs, tapes and related electronic data processing) relating to the operation of the Facility and all proceeds therefrom, subject to any Permitted Encumbrances.

Landlord Lien. Landlord shall have right to file a Landlord’s Lien on Tenant’s non-exempt personal property.

Landlord Lien. (a) Landlord certifies that (i) Landlord is the landlord under the Lease described in Schedule A attached hereto, (ii) the Lease is in full force and effect and has not been amended, modified or supplemented except as set forth in Schedule A hereto, (iii) Landlord has sent no notice of default to Lessee under the Lease respecting a default which has not been cured by Lessee, and Landlord has no knowledge of the occurrence of any other default under or in connection with the Lease, (iv) to the knowledge of Landlord, there is no defense, offset, claim or counterclaim by or in favor of Landlord against Tenant under the Lease or against the obligations of Landlord under the Lease and (v) except as disclosed to Administrative Agent, no portion of the Premises is encumbered in any way by any deed of trust or mortgage lien or ground or superior lease. (b) Landlord hereby (i) waives and releases unto the Collateral Agent and its successors and assigns any and all security interests created by statute, contract (including the Lease) or by common law and any and all rights granted by or under any present or future laws to levy, execute or distraint for rent or any other charges which may be due to Landlord against the Collateral, and any and all other claims, liens and demands of every kind which it now has or may hereafter have against the Collateral (including, without limitation, any right to include the Collateral in any secured financing that Landlord may become a party to), and (ii) agrees that any rights, claims or demands it may have in or to the Collateral, no matter how arising (to the extent not effectively waived pursuant to clause (a)(i) of this paragraph 1), shall be subordinate to the rights of the Collateral Agent in respect thereof. Landlord acknowledges that the Collateral is and will remain personal property and not fixtures or part of the underlying real estate even though it may be affixed to or placed on the Premises.

Landlord Lien. For so long as the Credit Agreement remains in effect, (a) Landlord (i) waives and releases unto the Collateral Agent and its successors and assigns any and all security interests created by statute, contract (including the Lease) or by common law and any and all other rights, claims, liens and demands of every kind which it now has or may hereafter have against the Collateral and (ii) agrees that any rights, claims or demands it may have in or to the Collateral (to the extent not effectively waived pursuant to clause (a)(i) of this paragraph 1), shall, subject to the terms of this Agreement, be subordinate to the rights of the Collateral Agent in respect thereof.

Landlord Lien. In addition to any statutory landlord's lien and in order to secure (a) payment of the Rent and all other sums payable to Landlord hereunder by Tenant, (b) payment of the amounts owed under the Working Capital Note, (c) payment of any loss, cost or damage that Landlord may suffer by reason of Tenant's breach of this Lease, and (d) the performance of all of Tenant's other obligations hereunder and under the Working Capital Note, Tenant and Landlord have, simultaneously with the execution of this Lease, entered into a Security Agreement (the "SECURITY AGREEMENT") whereby Tenant grants unto Landlord a security interest in, and an express contractual lien upon, (i) Tenant's Personal Property (other than Working Capital), and all proceeds therefrom (subject to any Permitted Liens), (ii) any Excess FF&E owned by Tenant, (iii) any Excess FF&E Leasehold Interest of Tenant, and (iv) any Working Capital of Tenant (collectively, together with any statutory lien rights, "LANDLORD LIENS"). Tenant's Personal Property shall not be removed from the Leased Property by Tenant at any time when a Default (with respect to any monetary obligation of Tenant to Landlord hereunder and under the Working Capital Note) or an Event of Default has occurred and is continuing except as otherwise permitted pursuant to Section 5.2. In addition, Tenant hereby grants unto Landlord a security interest in those contracts described in Section 5.3(d)(ii) hereof.

Landlord Lien. (a) Landlord hereby (i) waives and releases unto the Collateral Agent and its successors and assigns any and all security interests created by statute, contract (including the Lease) or by common law and any and all rights granted by or under any present or future laws to levy or distraint for rent or any other charges which may be due to Landlord against the Collateral, and any and all other claims, liens and demands of every kind which it now has or may hereafter have against the Collateral (including, without limitation, any right to include the Collateral in any secured financing that Landlord may become a party to), and (ii) agrees that any rights it may have in or to the Collateral, no matter how arising (to the extent not effectively waived pursuant to clause (a)(i) of this paragraph I), shall be subordinate to the rights of the Collateral Agent in respect thereof. Landlord acknowledges that the Collateral is and will remain personal property and not fixtures or part of the underlying real estate even though it may be affixed to or placed on the Premises. (b) Landlord further agrees not to assert any claim to the Collateral while Tenant is indebted under (or in respect of) the Credit Agreement, any Secured Hedging Agreement or any Secured Cash Management Agreement. Landlord acknowledges that the Collateral Agent shall have a first priority security interest in the Collateral and that the Collateral Agent shall have the right to file and record Uniform Commercial Code financing statements against the Collateral.

Landlord Lien. Unless County, through its Board, provides otherwise in writing, all of Lessee’s assets that are brought onto the Premises and used in connection with its business conducted on the Premises shall be subject to County’s landlord lien on such assets as provided by applicable Florida law.

Landlord Lien. Landlord hereby waives, releases and relinquishes any and all claims, rights, interests, liens upon and rights of distraint, levy, attachment or recourse (whether arising by virtue of statute, common law or otherwise) against Personal Property and ▇▇▇▇▇▇’s Personal Property. The foregoing waiver, release and relinquishment is self-operative and does not require any further instrument or document. Tenant may, without ▇▇▇▇▇▇▇▇’s consent, finance Tenant’s Personal Property through equipment leases, conditional sales contracts, chattel mortgages, security agreements or otherwise. If Tenant shall obtain any such financing, Landlord hereby agrees to execute and deliver to Tenant (or its designee), at Tenant’s sole cost and expense, commercially reasonable waivers of Landlord’s rights and liens as described herein in a form reasonably acceptable to Landlord, within fifteen (15) days after written request by ▇▇▇▇▇▇. For the avoidance ​ ​ of doubt, no property of Tenant’s customers will be subject to a lien, distraint, levy, attachment or recourse from Landlord. Tenant shall be permitted to install, or use in substitution, combination, cipher or proximity locks or any other locking mechanism on interior and/or exterior doors at the Premises. Tenant shall also be permitted to install security systems at the Premises, including, but not limited to, pass card door lock systems, camera surveillance systems and other security systems (collectively, “Security Systems”), subject to compliance with the Law. Tenant shall be responsible for the cost of any installation, maintenance or removal of the Security Systems. All such Security Systems shall remain Tenant’s Personal Property and may, at Tenant’s election, be removed by Tenant at the Expiration Date or earlier termination of this Lease, and Tenant shall, at Tenant’s sole cost and expense, repair any damage caused by such installation, maintenance and removal.