Common use of Landlord’s Lien/Security Interest Clause in Contracts

Landlord’s Lien/Security Interest. Lessee agrees that Lessor shall have a landlord’s lien, and additionally hereby separately grants to Lessor a security interest, in, on and against all Personal Property, which lien and security interest shall secure the payment of all rental and other charges payable by Lessee to Lessor under the terms hereof and all other obligations of Lessee to Lessor under this Lease and which lien shall be subordinate to the lien of Lender. Lessee shall maintain title to the Personal Property, free and clear of all liens, encumbrances, charges and security interests of any nature whatsoever, except for liens pursuant to the loan from Lender. Lessee authorizes Lessor to file financing statements with respect to the Personal Property, continuation statements with respect thereto, and any amendments to such financing statements which may be necessitated by reason of any of the changes described in the last sentence of this Section. Furthermore, at any time, and from time to time, Lessee shall, promptly and in no event later than 15 days after a request from Lessor, execute, acknowledge and deliver to Lessor such financing statements and other documents as Lessor may then deem appropriate or necessary to perfect and maintain said lien and security interest. Lessee expressly acknowledges and agrees that, in addition to any and all other rights and remedies of Lessor whether hereunder or at law or in equity, in the event of any default of Lessee hereunder, Lessor shall have any and all rights and remedies granted a secured party under the Uniform Commercial Code then in effect in the state of Arizona (the “UCC”). Lessee represents that its exact legal name and state of incorporation is as set forth in the first paragraph of this Lease. Lessee shall preserve its current form of organization and shall not change its legal name, its state of formation, nor, in one transaction or a series of related transactions, merge with or into, or consolidate with, any other entity without providing, in each case, Lessor with 30 days’ prior written notice and obtaining Lessor’s prior written consent (to the extent such consent is required under Section 27 of this Lease). Lessee agrees that, notwithstanding any provision in the UCC to the contrary, Lessee shall not file a termination statement of any financing statement filed by Lessor in connection with any security interest granted under this Lease if Lessor reasonably objects to the filing of such termination statement.

Landlord’s Lien/Security Interest. (a) Lessee agrees that Lessor shall have a landlord’s 's lien, and additionally hereby separately grants to Lessor a first and prior security interest, in, on and against all Lessee's right, title and interest in and to the Personal Property, which lien and security interest shall secure the payment of all rental and other charges payable by Lessee to Lessor under the terms hereof and all other obligations of Lessee to Lessor under this Lease and which lien shall be subordinate to the lien of LenderLease. Except as contemplated by paragraph (b) below, Lessee shall maintain title to the Personal Property (other than the Leased Personal Property, which Lessee shall maintain a leasehold interest in during the term of the corresponding equipment lease), free and clear of all liens, encumbrances, charges and security interests of any nature whatsoever, except for liens pursuant to the loan from Lender. Lessee authorizes Lessor to file financing statements with respect to the Personal Property, continuation statements with respect thereto, and any amendments to such financing statements which may be necessitated by reason of any of the changes described in the last sentence of this Section. Furthermore, at any time, and from time to time, Lessee shall, promptly and in no event later than 15 fifteen (15) days after a request from Lessor, execute, acknowledge and deliver to Lessor such financing statements and other documents as Lessor may then deem appropriate or necessary to perfect and maintain said lien and security interest. Lessee expressly acknowledges and agrees that, in addition to any and all other rights and remedies of Lessor whether hereunder or at law or in equity, in the event of any default of Lessee hereunder, Lessor shall have any and all rights and remedies granted a secured party under the Uniform Commercial Code then in effect in the state of Arizona and in the states where the Properties are located (the “"UCC”"). Lessee represents that its exact legal name and state of incorporation is as set forth in the first paragraph of this Lease. Lessee shall preserve its current form of organization and shall not change its legal name, its state of formation, nor, in one transaction or a series of related transactions, merge with or into, or consolidate with, any other entity without providing, in each case, Lessor with 30 thirty (30) days’ ' prior written notice and obtaining Lessor’s 's prior written consent (to the extent such consent is required under Section 27 of this Lease). Lessee agrees that, notwithstanding any provision in the UCC to the contrary, Lessee shall not file a termination statement of any financing statement filed by Lessor in connection with any security interest granted under this Lease if Lessor reasonably objects to the filing of such termination statement.

Landlord’s Lien/Security Interest. Lessee agrees that Lessor shall have a landlord’s 's lien, and additionally hereby separately grants to Lessor a first and prior security interest, in, on and against all Personal Property, which lien and security interest shall secure the payment of all rental and other charges payable by Lessee to Lessor under the terms hereof and all other obligations of Lessee to Lessor under this Lease and which lien shall be subordinate to the lien of Lender. Lessee shall maintain title to the Personal Property, free and clear of all liens, encumbrances, charges and security interests of any nature whatsoever, except for liens pursuant to the loan from LenderLease. Lessee authorizes Lessor to file financing statements with respect to the Personal Property, continuation statements with respect thereto, and any amendments to such financing statements which may be necessitated by reason of any of the changes described in the last sentence of this Section. Furthermore, at any time, and from time to time, Lessee shall, promptly and in no event later than 15 fifteen (15) days after a request from Lessor, execute, acknowledge and deliver to Lessor such financing statements and other documents as Lessor may then deem appropriate or necessary to perfect and maintain said lien and security interest. Lessee expressly acknowledges and agrees that, in addition to any and all other rights and remedies of Lessor whether hereunder or at law or in equity, in the event of any default of Lessee hereunder, Lessor shall have any and all rights and remedies granted a secured party under the Uniform Commercial Code then in effect in the state of Arizona (the “"UCC”"). Lessee represents that its exact legal name and state of incorporation is as set forth in the first paragraph of this Lease. Lessee shall preserve its current form of organization and shall not change its legal name, its state of formation, nor, in one transaction or a series of related transactions, merge with or into, or consolidate with, any other entity without providing, in each case, Lessor with 30 SCS Finance II, L.P. thirty (30) days’ ' prior written notice and obtaining Lessor’s 's prior written consent (to the extent such consent is required under Section 27 of this Lease). Lessee agrees that, notwithstanding any provision in the UCC to the contrary, Lessee shall not file a termination statement of any financing statement filed by Lessor in connection with any security interest granted under this Lease if Lessor reasonably objects to the filing of such termination statement.

Landlord’s Lien/Security Interest. Lessee agrees that Lessor shall have a landlord’s 's lien, and additionally hereby separately grants to Lessor a first and prior security interest, in, on and against Lessee's right, title and interest in and to all Personal Propertytrade fixtures, machinery, appliances, furniture, equipment and other personal property from time to time situated on or used in connection with the Premises (the "Personalty"), which lien and security interest shall secure the payment of all rental and other charges payable by Lessee to Lessor under the terms hereof and all other obligations of Lessee to Lessor under this Lease and which lien shall be subordinate to the lien of LenderLease. Lessee shall maintain title further agrees to the Personal Property, free and clear of all liens, encumbrances, charges and security interests of any nature whatsoever, except for liens pursuant to the loan from Lender. Lessee authorizes Lessor to file financing statements with respect to the Personal Property, continuation statements with respect thereto, and any amendments to such financing statements which may be necessitated by reason of any of the changes described in the last sentence of this Section. Furthermore, at any time, and from time to time, Lessee shall, promptly and in no event later than 15 days after a request from Lessor, execute, acknowledge execute and deliver to Lessor from time to time such financing statements and other documents as Lessor may then deem appropriate or necessary to perfect and maintain said lien and security interest. Lessee , and expressly acknowledges and agrees that, in addition to any and cumulative of all other rights of Lessor hereunder, Lessor shall have all rights and remedies of Lessor whether hereunder or at law or in equity, equity in the event of any default Event of Default of Lessee hereunder, Lessor shall have any and all rights and remedies granted a secured party under including, to the extent applicable, the Uniform Commercial Code then in effect in the state State in which the Premises is located. If Lessee shall fail for any reason to execute any such financing statement or document within 10 days after Lessor's request therefor, Lessor shall have the right to execute the same as attorney-in-fact of Arizona Lessee, coupled with an interest, for, and on behalf, and in the name of Lessee. Lessee covenants to promptly notify Lessor of any changes in Lessee's name and/or organizational structure which may necessitate the execution and filing of additional financing statements (provided, however, the “UCC”foregoing shall not be construed as Lessor's consent to such changes). Lessee represents Lessor may exercise any or all of the remedies of a secured party available to it under the UCC with respect to such Personalty, and it is expressly agreed that its exact legal name and state if upon an Event of incorporation is as set forth Default Lessor should proceed to dispose of such property in accordance with the first paragraph provisions of this Lease. the UCC, 10 days' notice by Lessor to Lessee shall preserve its current form of organization and shall not change its legal name, its state of formation, nor, in one transaction or a series of related transactions, merge with or into, or consolidate with, any other entity without providing, in each case, Lessor with 30 days’ prior written be deemed to be reasonable notice and obtaining Lessor’s prior written consent (to the extent such consent is required under Section 27 of this Lease). Lessee agrees that, notwithstanding any provision in of the UCC to the contrary, Lessee shall not file a termination statement of any financing statement filed by Lessor in connection with any security interest granted under this Lease if Lessor reasonably objects to the filing of requiring such termination statementnotice.