Common use of LANDLORD'S LIEN Clause in Contracts

LANDLORD'S LIEN. Landlord shall have at all times during the Term of this Lease, a valid lien for all rents and other sums of money becoming due hereunder from Tenant, upon all goods, accounts, wares, merchandise, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant situated in or upon the Premises, and such property shall not be removed therefrom except in accordance with the terms of this Lease without the approval and consent of Landlord until all arrearages in rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in full. Upon the occurrence of any Event of Default by Tenant, Landlord may, in addition to any other remedies provided herein or by law, enter upon the Premises and take possession of any and all goods, wares, merchandise, books and records, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant situated in or upon or with respect to the Premises without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property appraised, at which Landlord or its assigns may purchase any of the same and apply the proceeds thereof, less any and all expenses connected with the taking of possession and sale, as a credit against any sums due by Tenant, and Tenant agrees to pay any deficiency forthwith. If Landlord takes possession and control of the Premises and operates the same, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord in order to perfect the Landlord's lien provided herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereunder.

Appears in 2 contracts

Samples: Lease Agreement (CNL Hospitality Properties Inc), Lease Agreement (CNL Hospitality Properties Inc)

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LANDLORD'S LIEN. In addition to the statutory Landlord’s lien, Tenant hereby grants to Landlord shall have at a security interest to secure payment of all times during the Term of this Lease, a valid lien for all rents rent and other sums of money becoming due hereunder from Tenant, upon all goods, accounts, wares, merchandise, inventory, furnitureequipment, fixtures, equipment, vehicles furniture and other personal property and effects of Tenant situated in or upon the Premises, and such together with the proceeds from the sale or lease thereof. Such property shall not be removed therefrom except in accordance with the terms of this Lease without the approval and consent of Landlord until all arrearages in rent as well as any Base Rent and all other sums of money then Additional Rent due to Landlord hereunder shall first have been paid and discharged in fullpaid. Upon the occurrence of any Event an event of Default by Tenantdefault, Landlord may, in addition to any other remedies provided herein or by law, enter upon the Premises and take possession of any and all goods, wares, merchandise, books and records, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant situated in or upon or with respect to on the Premises without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property appraisedat the sale, after giving Tenant reasonable notice of the time and place of any such sale. Unless otherwise required by law, notice to Tenant of such sale shall be deemed sufficient if given in the manner prescribed in this Lease at which least ten (10) days before the time of the sale. Any public sale made under this Article shall be deemed to have been conducted in a commercially reasonable manner if held on the Premises or where the property is located, after the time, place and method of sale and a general description of the types of property to be sold have been advertised in a daily newspaper published in Tarrant County, Texas, for five consecutive days before the date of the sale. Landlord or its assigns may purchase at a public sale and, unless prohibited by law, at a private sale. The proceeds from any of the same and apply the proceeds thereofdisposition dealt with in this Article, less any and all expenses connected with the taking of possession possession, holding and saleselling of the property (including reasonable attorneys’ fees and legal expenses), shall be applied as a credit against any sums due the indebtedness secured by Tenant, the security interest granted herein. Any surplus shall be paid to Tenant or as otherwise required by law; Tenant shall pay and Tenant agrees to pay any deficiency deficiencies forthwith. If Landlord takes possession and control of the Premises and operates the sameUpon request by Xxxxxxxx, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant Xxxxxx agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord a financing statement in order form sufficient to perfect the Landlord's security interest of Landlord in the aforementioned property and proceeds thereof under the provisions of the Uniform Commercial Code in force in the State of Texas. The statutory lien for rent is expressly reserved; the security interest herein granted is in addition and supplementary thereto. Notwithstanding anything to the contrary in this Article 12.02, Landlord will subordinate its security interest and landlord’s lien to the security interest of Xxxxxx’s supplier or institutional financial source, provided herein that Landlord approves the transaction as being reasonably necessary, for Tenant’s operations at the Premises, and further provided that the subordination must be limited to a specified transaction and specified items of the fixtures, equipment or by state law. Tenant further agrees that during an Event of Default or inventory involved in the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate transaction as described in a written agreement reasonably acceptable to Landlord's claim for Rent and other sums hereunder.

Appears in 2 contracts

Samples: Warehouse Lease Agreement (Lakeside Holding LTD), Warehouse Lease Agreement (Lakeside Holding LTD)

LANDLORD'S LIEN. To secure the payment of all Fixed Minimum Rent, and Additional Rent reserved herein, and all other payments due Landlord shall have at all times during the Term of this Leasehereunder, a valid lien for all rents and other sums of money becoming or to become due hereunder from and the faithful performance of all covenants, agreements and stipulations herein contained to be performed by Tenant, upon Tenant hereby grants to Landlord an express first and prior contract lien and security interest on all goods, accounts, wares, merchandise, inventory, furniture, property (including fixtures, equipment, vehicles and other personal property and effects of Tenant situated in or upon the Premisesinventory, and such property shall not be removed therefrom except in accordance with the terms of this Lease without the approval and consent of Landlord until all arrearages in rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in full. Upon the occurrence of any Event of Default by Tenant, Landlord may, in addition to any other remedies provided herein or by law, enter upon the Premises and take possession of any and all goods, wares, merchandise, books and records, inventory, furniture, fixtures, office equipment, vehicles supplies and other personal property merchandise) which may be placed in the Leased Premises, and effects also upon all proceeds of any insurance which may accrue to Tenant situated by reason of destruction of or damage to any such property. All exemption laws are hereby waived by Tenant in or upon or with respect favor of said lien and security interest. This lien and security interest is given in addition to the Landlord's statutory lien and shall be cumulative thereof. Tenant shall not remove any property from the Leased Premises until all of Tenant's obligations under this Lease are satisfied. This lien may be foreclosed with or without liability for trespass or conversion, and sell the same at court proceedings by public or private sale, with or without having such property appraised, provided Landlord gives Tenant at which Landlord or its assigns may purchase any least ten (10) days notice of the same time, place and apply the proceeds thereof, less any and all expenses connected with the taking terms of possession and said sale, as a credit against and Landlord shall have the right to become the purchaser of such property, upon being the highest bidder therefor at said sale. The notice referred to in the preceding sentence may (but needs not) be given by Landlord to Tenant contemporaneously with any sums due by Tenantother notice from Landlord to Tenant which may be given in accordance herewith. At the time of the execution of this Lease, and Tenant agrees to pay any deficiency forthwith. If Landlord takes possession and control of the Premises and operates the sameif requested thereafter by Landlord, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required financing statement instruments in form deemed sufficient by Landlord to reflect the security interest herein granted and any proper amendment of, assignment of, modification in order to perfect or extension of the Landlord's aforesaid contract lien provided herein or by state lawand security interest hereby granted. Tenant further agrees that during hereby grants to Landlord a power of attorney to sign, in place and stead of Tenant, any and all such instruments. Said power of attorney is irrevocable and coupled with an Event interest. Landlord shall, in addition to all of Default or its rights hereunder, have all of the pendency rights and remedies of any event or circumstance which, with a secured party under the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners Texas Business and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereunderCommerce Code.

Appears in 2 contracts

Samples: Center Lease Agreement (Dynacq International Inc), Hospital Lease Agreement (Dynacq International Inc)

LANDLORD'S LIEN. Landlord shall have at all times during the Term In addition to any statutory landlord’s lien now in effect or hereafter enacted, Tenant grants to Landlord, to secure performance of this LeaseTenant’s obligations hereunder, a valid lien for security interest in all rents and other sums of money becoming due hereunder from Tenant, upon all goods, accounts, wares, merchandise, inventory, furniture, fixtures, equipment, vehicles and other personal ’s property and effects of Tenant situated in or upon upon, or used in connection with, the PremisesPremises or the Project, and such property all proceeds thereof (except merchandise sold in the ordinary course of business) (collectively, the “Collateral”), and the Collateral shall not be removed therefrom except in accordance with from the terms of this Lease Premises or the Project without the approval and prior written consent of Landlord until all arrearages in rent as well as any and all other sums obligations of money then due to Landlord hereunder shall first Tenant have been paid fully performed. Such personalty thus encumbered includes specifically all trade and discharged in fullother fixtures for the purpose of this Section 20 and inventory, equipment, contract rights, accounts receivable and the proceeds thereof. Upon the occurrence of any an Event of Default by TenantDefault, Landlord may, in addition to any all other remedies remedies, without notice or demand except as provided herein or by lawbelow, enter upon exercise the rights afforded to a secured party under the Uniform Commercial Code of the state in which the Premises and take possession are located (the “UCC”). To the extent the UCC requires Landlord to give to Tenant notice of any act or event and all goodssuch notice cannot be validly waived before a default occurs, wares, merchandise, books and records, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant situated in or upon or with respect to the Premises without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property appraised, at which Landlord or its assigns may purchase any then five (5) days’ prior written notice thereof shall be reasonable notice of the same act or event. In order to perfect such security interest, Landlord may file any financing statement or other instrument necessary at Tenant’s expense at the state and apply county Uniform Commercial Code filing offices. Tenant grants to Landlord a power of attorney coupled with an interest to execute and file any financing statement or other instrument necessary to perfect Landlord’s security interest under this Section 20, which power is coupled with an interest and is irrevocable during the proceeds thereof, less any and all expenses connected with the taking Term. Landlord may also file a copy of possession and sale, this Lease as a credit against any sums due by Tenant, and Tenant agrees financing statement to pay any deficiency forthwithperfect its security interest in the Collateral. If Landlord takes possession and control of the Premises and operates the sameWithin ten (10) days following written request therefor, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation execute financing statements to operate the Premises. Alternatively, the lien hereby granted may be foreclosed filed of record to perfect Landlord’s security interest in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by lawCollateral. The statutory landlord’s lien for rentshall survive the expiration or earlier termination of the Lease, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. until all obligations of Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord in order to perfect the Landlord's lien provided herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereunderhave been fully performed.

Appears in 2 contracts

Samples: Office Lease Agreement (Cancer Genetics, Inc), Office Lease Agreement (Interpace Biosciences, Inc.)

LANDLORD'S LIEN. Landlord shall have at all times during the Term In addition to any statutory landlord’s lien now in effect or hereafter enacted, Tenant grants to Landlord, to secure performance of this LeaseTenant’s obligations hereunder, a valid lien for security interest in all rents and other sums of money becoming due hereunder from Tenant, upon all goods, accounts, wares, merchandise, inventory, furniture, fixtures, equipment, vehicles and other personal ’s property and effects of Tenant situated in or upon upon, or used in connection with, the PremisesPremises or the Project, and such property all proceeds thereof (except merchandise sold in the ordinary course of business) (collectively, the “Collateral”), and the Collateral shall not be removed therefrom except in accordance with from the terms of this Lease Premises or the Project without the approval and prior written consent of Landlord until all arrearages in rent as well as any and all other sums obligations of money then due to Landlord hereunder shall first Tenant have been paid fully performed. Such personalty thus encumbered includes specifically all trade and discharged in fullother fixtures for the purpose of this Section 20 and inventory, equipment, contract rights, accounts receivable and the proceeds thereof. Upon the occurrence of any an Event of Default by TenantDefault, Landlord may, in addition to any all other remedies remedies, without notice or demand except as provided herein or by lawbelow, enter upon exercise the rights afforded to a secured party under the Uniform Commercial Code of the state in which the Premises and take possession are located (the “UCC”). To the extent the UCC requires Landlord to give to Tenant notice of any act or event and all goodssuch notice cannot be validly waived before a default occurs, wares, merchandise, books and records, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant situated in or upon or with respect to the Premises without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property appraised, at which Landlord or its assigns may purchase any then five (5) days’ prior written notice thereof shall be reasonable notice of the same act or event. In order to perfect such security interest, Landlord may file any financing statement or other instrument necessary at Tenant’s expense at the state and apply county Uniform Commercial Code filing offices. Tenant grants to Landlord a power of attorney to execute and file any financing statement or other instrument necessary to perfect Landlord’s security interest under this Section 20, which power is coupled with an interest and is irrevocable during the proceeds thereof, less any and all expenses connected with the taking Term. Landlord may also file a copy of possession and sale, this Lease as a credit against any sums due by Tenant, and Tenant agrees financing statement to pay any deficiency forthwithperfect its security interest in the Collateral. If Landlord takes possession and control of the Premises and operates the sameWithin ten (10) days following written request therefor, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation execute financing statements to operate the Premises. Alternatively, the lien hereby granted may be foreclosed filed of record to perfect Landlord’s security interest in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by lawCollateral. The statutory landlord’s lien for rentshall survive the expiration or earlier termination of the Lease, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. until all obligations of Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord in order to perfect the Landlord's lien provided herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereunderhave been fully performed.

Appears in 2 contracts

Samples: Office Lease Agreement (Markit Ltd.), Office Lease Agreement

LANDLORD'S LIEN. Tenant hereby grants to Landlord shall have at a security interest to secure the payment of all times during the Term of this Lease, a valid lien for all rents and rent or other sums of money becoming coming due hereunder from Tenant, and to secure payment of any damages or loss which Landlord may suffer by reason of the breach by Tenant of any covenant, agreement or condition contained herein, upon all goodsequipment, accountsfixtures, waresfurniture, merchandiseimprovements, inventory, furnitureconsumer goods, fixtures, equipment, vehicles goods and other any and all personal property and effects of Tenant presently or which may hereafter be situated in in, on or upon the Premises, and all proceeds therefrom including, but not limited to, all proceeds of any insurance which may accrue to Tenant by reason of damage to or destruction of any such property; provided, however, that Tenant does not grant Landlord a security interest in any proprietary property of Tenant including such property contained in its computers, medical research data, patents or drug molecules (the “Excluded items”). During any period that Tenant is in default under this Lease beyond all applicable notice and cure periods, such property shall not be removed therefrom except in accordance with from the terms of this Lease Premises at any time without the approval and consent of Landlord until all arrearages in rent of rent, as well as any and all other sums of money then due to Landlord hereunder hereunder, shall first have been paid and discharged in full. Upon discharged, and all the occurrence of any Event of Default covenants, agreements and conditions hereof have been fulfilled and performed by Tenant, Landlord may, in . In addition to any other remedies provided herein or by lawherein, upon Tenant’s default under this Lease beyond all applicable notice and cure periods, Landlord may enter upon the Premises and take possession of any and all goodsequipment, wares, merchandise, books and records, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant situated in in, on or upon or with respect to the Premises (other than the Excluded items) without liability for trespass or conversion, and . Landlord may sell the same at a public or private sale, with or without having after giving Tenant at least (10) ten days written notice sent to the Tenant’s last known address as to the time and place of the sale. At such property appraisedsale, at which Landlord or its Landlord’s assigns may purchase any the property unless such purchase is otherwise prohibited by law. Unless otherwise provided by law, the requirement of reasonable notice shall be met if such notice is given to the Tenant at the address herein prescribed at least five (5) days prior to the time of the same and apply the proceeds thereofsale. Proceeds of any such disposition, less any and all expenses connected with the taking of possession and saleincluding reasonable attorney’s fees, shall be applied as a credit against any sums due the indebtedness secured by Tenant, the security interest granted in this Section. Any surplus shall be paid to Tenant and Tenant agrees to shall pay any deficiency forthwithupon demand. If Tenant consents to the filing by Landlord takes possession of financing statements in a form acceptable to Landlord sufficient to protect the security interest of Landlord in the aforementioned property and control the proceeds thereof under the applicable provisions of the Premises and operates the same, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by lawUniform Commercial Code. The statutory lien for rent, if any, is not hereby waived and the express contractual lien security interest herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord in order to perfect the Landlord's lien provided herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereunder.

Appears in 2 contracts

Samples: Industrial Space Lease (XBiotech Inc.), Industrial Space Lease (XBiotech Inc.)

LANDLORD'S LIEN. Landlord shall have at all times during To secure the Term performance of Tenant’s obligations under this Lease, a valid lien for all rents and other sums of money becoming due hereunder from Tenant, as Debtor, and referred to in this Section as “Debtor”, hereby grants to Landlord, as “Secured Party”, a security interest in and an express contractual lien upon all of Debtor’s equipment, furniture, furnishings, appliances, goods, accounts, wares, merchandisetrade fixtures, inventory, furniturechattels, fixtures, equipment, vehicles and other personal property and effects of Tenant situated in Debtor which is now on the Premises or upon which is placed on the PremisesPremises at some later date, and all proceeds from such items. This property shall not be removed therefrom except in accordance with from the terms of this Lease Premises without the approval and consent of Landlord Secured Party until all arrearages in rent as well as any and all other sums of money then being due to Landlord hereunder shall first Secured Party under this Lease have been paid and discharged in fulldischarged, and all the covenants, agreements, and conditions of this Lease have been fully complied with and performed by Debtor. Secured Party is authorized and Debtor hereby irrevocably and throughout the term of this Lease (and any extensions or renewals thereof) appoints Secured Party as its attorney-in-fact to prepare and file financing statements signed only by Secured Party as attorney-in-fact on behalf of Debtor covering the security described above; moreover, Debtor agrees to sign the same upon request. Notwithstanding the foregoing, Secured Party is hereby authorized to file a duplicate original or Xerox copy of this Lease as a financing statement with the Office of the Secretary of State and with the appropriate county clerk’s office for the county where the Premises are located, as appropriate. Upon default under this Lease by Debtor, any or all of Debtor’s obligations to Secured Party secured hereby shall, at Secured Party’s option, be immediately due and payable without notice or demand. In addition to all rights or remedies of Secured Party under this Lease and the occurrence law, including the right to a judicial or nonjudicial foreclosure, Secured Party shall have all the rights and remedies of any Event a secured party under the Uniform Commercial Code as enacted in the State of Default by Tenant, Landlord may, Texas. This security agreement and the security interest hereby created shall survive the termination of this Lease if such termination results from Debtor’s default. The above-described security interest and lien are in addition to any other remedies and cumulative of the Landlord’s lien provided herein by the laws of the State of Texas. In the event Landlord sells Tenant’s property at a judicial or by law, enter upon the Premises and take possession of any and all goods, wares, merchandise, books and records, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant situated in or upon or with respect to the Premises without liability for trespass or conversion, and sell the same at public or private nonjudicial foreclosure sale, with Tenant hereby expressly consents to and gives Landlord the authority to bid on and purchase all or without having a portion of Tenant’s property at such property appraised, at which Landlord or its assigns may purchase any of the same and apply the proceeds thereof, less any and all expenses connected with the taking of possession and sale, as a credit against any sums due by Tenant, and Tenant agrees to pay any deficiency forthwith. If Landlord takes possession and control of the Premises and operates the same, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord in order to perfect the Landlord's lien provided herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereunder.

Appears in 2 contracts

Samples: Industrial Lease (Wornick CO Right Away Division, L.P.), Industrial Lease (TWC Holding Corp.)

LANDLORD'S LIEN. Landlord shall have at all times during the Term of this LeaseAgreement, a valid lien for all rents and other sums of money due or becoming due hereunder from Tenant, upon all goods, accounts, wares, merchandise, inventory, furniture, fixtures, equipment, vehicles and other tangible personal property and effects of Tenant situated in or upon the PremisesLeased Property, including Tenant's Personal Property but excluding items of Tenant's Intangible Personal Property, and such property shall not be removed therefrom from the Leased Property except in accordance with the terms of this Lease Agreement without the approval and consent of Landlord until all arrearages in rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in full. Upon the occurrence and during the continuance of any Event of Default by Tenant, Landlord may, in addition to any other remedies provided herein or by law, enter upon the Premises Leased Property and take possession of any and all goods, wares, merchandise, books and records, inventory, furniture, fixtures, equipment, vehicles and other tangible personal property and effects of Tenant situated in or upon or with respect to the Premises Leased Property, including Tenant's Personal Property but excluding items of Tenant's Intangible Personal Property, without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property appraised, at which Landlord or its assigns may purchase any of the same and apply the proceeds thereof, less any and all expenses connected with the taking of possession and sale, as a credit against any sums due by from Tenant, and Tenant agrees to pay any deficiency forthwith. If Landlord takes possession and control of the Premises Leased Property and operates the same, Tenant shall for so long as Landlord is actively operating the PremisesLeased Property, have no obligation to operate the PremisesLeased Property. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease Agreement such Financing Statements financing statements as may be required by Landlord in order to perfect the Landlord's lien provided herein or by state lawApplicable Laws. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of DefaultDefault under Section 12.1(a), Tenant shall not make any distributions to its shareholders, partners, members or other owners and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereunder.

Appears in 2 contracts

Samples: Lease Agreement (CNL Hospitality Properties Inc), Lease Agreement (CNL Hospitality Properties Inc)

LANDLORD'S LIEN. In consideration of the mutual benefits arising under this Lease and in order to receive mutual benefits arising under this Lease and in order to receive payment of all Rent payable by Tenant to Landlord shall have at under this Lease and the faithful performance and observance of all times during the Term covenants and agreements of Tenant under this Lease, Tenant hereby grants to Landlord a valid lien for and security interest on and in all rents and other sums of money becoming due hereunder from Tenant, upon all goods, accounts, wares, merchandise, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant situated now or hereafter placed in or upon the Leased Premises, and such property shall not be removed therefrom except in accordance with the terms of this Lease including without the approval and consent of Landlord until all arrearages in rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in full. Upon the occurrence of any Event of Default by Tenant, Landlord may, in addition to any other remedies provided herein or by law, enter upon the Premises and take possession of any and limitation all goods, wares, merchandisefixtures, books and recordsTrade Fixtures, machinery, inventory, equipment, furniture, fixtures, equipment, vehicles furnishings and other personal property and effects of Tenant situated now or hereafter placed in or upon or with respect to the Leased Premises without liability for trespass or conversion(collectively, the "Personal Property"), and sell the same at public or private sale, with or without having such property appraised, at which Personal Property shall be and remain subject to such lien and security interest of Landlord or its assigns may purchase any for payment of all Rent and other sums agreed to be paid by Tenant under this Lease. Said lien and security interest shall be in addition to and cumulative of the same and apply the proceeds thereof, less any and all expenses connected with the taking of possession and sale, as a credit against any sums due by Tenant, and Tenant agrees to pay any deficiency forthwith. If Landlord takes possession and control of the Premises and operates the same, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form Landlord's liens provided by law. The statutory lien for rent, if any, This Lease shall constitute a security agreement under the Uniform Commercial Code as enacted and enforced in the State of Texas (the "UCC") so that Landlord shall have and may enforce a security interest on all such Personal Property. Such Personal Property shall not be removed from the Leased Premises unless such removal is in the ordinary course of Tenant's business and Tenant is not hereby waived and at the express contractual lien herein granted is time of such removal in addition thereto and supplementary theretodefault under this Lease. Tenant agrees to execute and deliver as debtor such financing statement or statements as Landlord may now or hereafter reasonably request in order that such security interest or interests may be protected pursuant to said UCC. Landlord from may at its election at any time to time during the Term file a copy of this Lease such Financing Statements as may a financing statement. Landlord, as secured party, shall be required by Landlord entitled to all of the rights and remedies afforded a secured party under said UCC, which rights and remedies shall be in order addition to perfect the and cumulative of Landlord's lien liens and rights provided herein by law or by state lawthe other terms and provisions of this Lease. Tenant further agrees that during an Event Notwithstanding anything contained herein to the contrary, Landlord shall subordinate all of Default its liens (contractual and statutory) to Tenant's financing or the pendency all or any portion of any event or circumstance whichits inventory, with the passage of time may become an Event of Defaultfixtures, Tenant shall not make any distributions to its shareholdersfurniture, partners, members or other owners and any such distributions equipment. Such subordination shall be considered and deemed evidenced by a subordination agreement to be fraudulent reasonably satisfactory to Landlord and preferential and subordinate to Landlord's claim for Rent and other sums hereundersuch subordination shall be in an amount not greater than the actual amount financed by Tenant.

Appears in 2 contracts

Samples: Lease Agreement and Option to Purchase (Ricks Cabaret International Inc), Lease Agreement and Option to Purchase (Ricks Cabaret International Inc)

LANDLORD'S LIEN. Landlord shall have at all times during the Term In addition to any statutory landlord’s lien now in effect or hereafter enacted, Tenant grants to Landlord, to secure performance of this LeaseTenant’s obligations hereunder, a valid lien for security interest in all rents and other sums of money becoming due hereunder from Tenant, upon all goods, accounts, wares, merchandise, inventory, furniture, fixtures, equipment, vehicles and other personal ’s property and effects of Tenant situated in or upon upon, or used in connection with, the PremisesPremises or the Project, and such property all proceeds thereof (except merchandise sold in the ordinary course of business) (collectively, the “Collateral”) which lien shall be subordinate to any lien granted to Tenant’s lender (“Tenant’s Lender”). and subject to the superior rights of any Tenant’s Lender, the Collateral shall not be removed therefrom except in accordance with from the terms Premises or the Project other than the ordinary course of this Lease business without the approval and prior written consent of Landlord until all arrearages in rent as well as any and all other sums obligations of money then due to Landlord hereunder shall first Tenant have been paid fully performed. Such personalty thus encumbered includes specifically all trade and discharged in fullother fixtures for the purpose of this Section 20 and inventory, equipment, contract rights, accounts receivable and the proceeds thereof. Upon the occurrence of any an Event of Default by TenantDefault, Landlord may, in addition to any all other remedies remedies, without notice or demand except as provided herein or by lawbelow, enter upon exercise the rights afforded to a secured party under the Uniform Commercial Code of the state in which the Premises and take possession are located (the “UCC”) subject to the superior rights of any Tenant’s Lender. To the extent the UCC requires Landlord to give to Tenant notice of any act or event and all goodssuch notice cannot be validly waived before a default occurs, wares, merchandise, books and records, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant situated in or upon or with respect to the Premises without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property appraised, at which Landlord or its assigns may purchase any then five (5) days’ prior written notice thereof shall be reasonable notice of the same and apply the proceeds thereof, less any and all expenses connected with the taking of possession and sale, as a credit against any sums due by Tenant, and Tenant agrees to pay any deficiency forthwithact or event. If Landlord takes possession and control of the Premises and operates the same, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord in In order to perfect the Landlord's lien provided herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Defaultsuch security interest, Tenant shall not make authorizes Landlord to file any distributions to its shareholders, partners, members financing statement or other owners instrument necessary at Landlord’s expense at the state and county Uniform Commercial Code filing offices. The landlord’s lien shall survive the expiration or earlier termination of the Lease, until all obligations of Tenant have been fully performed. Landlord shall promptly file at Landlord’s expense any such distributions shall be considered and deemed financing statements needed to be fraudulent and preferential and subordinate its interest to Landlord's claim for Rent and other sums hereunder.Tenant’s Lender

Appears in 2 contracts

Samples: Office Lease Agreement (Dermavant Sciences LTD), Office Lease Agreement (Dermavant Sciences LTD)

LANDLORD'S LIEN. In addition to any statutory lien in Landlord’s favor, Tenant hereby grants to Landlord shall have at a continuing security interest for the timely payment of all times during the Term of this LeaseBase Rent, a valid lien for all rents Additional Rent and other sums of money becoming due hereunder from Tenant and for the timely performance of all of Tenant’s other obligations hereunder, upon all goods, accounts, wares, merchandiseequipment, fixtures, furnishings, furniture, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant situated in which are or upon may be put into the PremisesPremises during the Term and all proceeds of the foregoing, and such property shall not be removed therefrom except in accordance with from the terms of this Lease Premises during the Term without the approval and consent of Landlord until all arrearages other than in rent as well as any and all other sums the ordinary course of money then due to Landlord hereunder shall first have been paid and discharged in fullbusiness. Upon the occurrence of any an Event of Default by Tenantunder this Lease, Landlord mayshall have, in addition to any other remedies provided herein or by at law, enter upon all rights and remedies of a secured creditor under the Premises and take possession of any and all goodsUniform Commercial Code, waresas adopted in North Carolina, merchandiseincluding, books and recordswithout limitation, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant situated in or upon or with respect the right to the Premises without liability for trespass or conversion, and sell the same property described in this Section 31 at public or private sale, with or without having such property appraised, at which Landlord or its assigns may purchase any of the same and apply the proceeds thereof, less any and all expenses connected with the taking of possession and sale, as a credit against any sums due by sale upon ten (10) days written notice to Tenant, and Tenant agrees Landlord shall have the right to pay any deficiency forthwith. If Landlord takes possession and control become the purchaser of such property, upon being the Premises and operates highest bidder at the same, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary theretosale. Tenant agrees to execute and deliver to Landlord, and authorizes Landlord from time to time during prepare and record in the Term of appropriate recording offices, financing statements or other necessary documents requested by Landlord to effect and/or perfect such security interest, and Tenant agrees that this Lease such Financing Statements as may be required recorded by Landlord in order to perfect the Landlord's appropriate recording offices as a financing statement. Any statutory lien provided for rent is not hereby waived, the express contractual lien herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners granted being in addition and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereundersupplementary thereto.

Appears in 2 contracts

Samples: Lease Agreement (Super Vision International Inc), Lease Agreement (Nexxus Lighting, Inc.)

LANDLORD'S LIEN. In addition to the statutory Landlord's lien, Tenant hereby grants to Landlord shall have at a security interest to secure payment of all times during the Term of this Lease, a valid lien for all rents rent and other sums of money becoming due hereunder from Tenant, upon all goods, accounts, wares, merchandise, inventory, furnitureequipment, fixtures, equipment, vehicles furniture and other personal property and effects of Tenant situated in or upon the PremisesProperty, and such together with the proceeds from the sale or lease thereof. Such property shall not be removed therefrom except in accordance with the terms of this Lease without the approval and consent of Landlord until all arrearages in rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in fulldischarged. Upon the occurrence of any Event an event of Default by Tenantdefault, Landlord may, in addition to any other remedies provided herein or by law, enter upon the Premises Property and take possession of any and all goods, wares, merchandise, books and records, inventory, furnitureequipment, fixtures, equipment, vehicles furniture and other personal property and effects of Tenant situated in or upon or with respect to on the Premises Property without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property appraisedat the sale, after giving Tenant reasonable notice of the time and place of any such sale. Unless otherwise required by law, notice to Tenant of such sale shall be deemed sufficient if given in the manner prescribed in this Lease at which least ten (10) days before the time of the sale. Any public sale made under this Article shall be deemed to have been conducted in a commercially reasonable manner if held on the Property or where the property is located, after the time, place and method of sale and a general description of the types of property to be sold have been advertised in a daily newspaper published in Dallas County, Texas, for five consecutive days before the date of the sale. Landlord or its assigns may purchase at a public sale and, unless prohibited by law, at a private sale. The proceeds from any of the same and apply the proceeds thereofdisposition dealt with in this Article, less any and all expenses connected with the taking of possession possession, holding and saleselling of the property (including reasonable attorneys' fees and legal expenses), shall be applied as a credit against any sums due the indebtedness secured by Tenant, and the security interest granted herein. Any surplus shall be paid to Tenant agrees to or as otherwise required by law; Tenant shall pay any deficiency deficiencies forthwith. If Landlord takes possession and control of the Premises and operates the sameUpon request by Landlord, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord a financing statement in order form sufficient to perfect the Landlord's security interest of Landlord in the aforementioned property and proceeds thereof under the provisions of the Uniform Commercial Code in force in the State of Texas. The statutory lien provided for rent is expressly reserved; the security interest herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners granted is in addition and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereundersupplementary thereto.

Appears in 2 contracts

Samples: Lease Agreement (Usaradio Com Inc), Lease Agreement (Intellisys Group Inc)

LANDLORD'S LIEN. To secure the payment of all Annual Fixed Rent and Additional Rent, and the performance of all other obligations hereunder, Tenant hereby grants to Landlord shall have at all times during a first lien and security interest on the Term of this Leasepersonal property listed on Exhibit D-2 (the "Secured Property"), a valid lien for all rents and other sums of money becoming due hereunder from Tenant, also upon all goodsproceeds of any insurance that may accrue to Tenant by reason of the destruction or damage of the Secured Property. Tenant will not remove the Secured Property from the Premises without the prior written consent of Landlord, accounts, wares, merchandise, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant situated in or upon the Premises, and such property which consent shall not be removed therefrom except unreasonably withheld; provided, however, that Tenant replaces such item(s) of Secured Property with replacement item(s) of equal or greater value and that any such removal does not change the character of the Premises as laboratory space nor have a detrimental effect on the value thereof. Tenant waives the benefit of all exemption laws in accordance with the terms favor of this Lease without the approval lien and consent of Landlord until all arrearages in rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in fullsecurity interest. Upon the occurrence of any an Event of Default by Tenanthereunder, Landlord may, in addition to any other remedies provided herein or by law, enter upon the Premises and take possession of any and all goods, wares, merchandise, books and records, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant situated in or upon or with respect to the Premises without liability for trespass or conversion, and sell the same at public or private sale, this lien may be foreclosed with or without having such property appraised, at which Landlord court proceedings by private or its assigns may purchase any of the same and apply the proceeds thereof, less any and all expenses connected with the taking of possession and public sale, as a credit against any sums due by Tenant, and Tenant agrees to pay any deficiency forthwith. If Landlord takes possession and control of the Premises and operates the same, Tenant shall for so long as Landlord gives Tenant at least ten (10) days notice of the time and place of such sale. Landlord will have the right to become the purchaser if it is actively operating the Premiseshighest bidder at the sale. Contemporaneously with its execution of this Lease, have no obligation to operate the Premises. Alternativelyand if requested by Landlord after such extension, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to will execute and deliver to Landlord from time Uniform Commercial Code financing statements in form and substance sufficient (upon proper filing) to time during perfect the Term security interest granted in this Section 11.10. If requested Landlord, Tenant will also execute and deliver to Landlord, within five (5) days of Landlord request, any Uniform Commercial Code continuation statements in form and substance sufficient to reflect any proper amendment of, modification in, or extension of the security interest granted in this Section 11.10. The parties hereto agree that this Lease constitutes a security agreement and that the recordation of a notice of this Lease such Financing Statements as may be required by Landlord in order shall constitute a fixture filing pursuant to perfect and under the Landlord's lien provided herein Massachusetts Uniform Commercial Code. The provisions of this Section 11.10 shall survive the expiration or by state law. Tenant further agrees that during an Event earlier termination of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereunderthis Lease.

Appears in 2 contracts

Samples: Praecis Pharmaceuticals Inc, Praecis Pharmaceuticals Inc

LANDLORD'S LIEN. Tenant grants to Landlord shall have at all times during the Term of this Lease, a valid an express contract lien for all rents on and other sums of money becoming due hereunder from Tenant, upon security interest in and to all goods, accountsequipment, waresfurnishings, merchandise, inventoryfixtures, furniture, fixtures, equipment, vehicles chattels and other personal property of whatever nature owned by Tenant attached or affixed to or used in and effects of Tenant situated in or upon about the Premises, and such property shall not be removed therefrom except in accordance with Premises on the terms date of this Lease without or at any time after the approval date of this Lease or otherwise located in the Premises (other than intellectual property of Tenant and consent of Landlord until all arrearages the media on or in rent as well as any which such intellectual property is contained) and all other sums renewals or replacements or substitutions for any of money then due the foregoing, all building materials and equipment now or hereafter delivered to Landlord hereunder shall first have been paid and discharged in full. Upon the occurrence of any Event of Default by Tenant, Landlord may, in addition to any other remedies provided herein or by law, enter upon the Premises and take possession of any and all goods, wares, merchandise, books and records, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant situated intended to be installed in or upon or with respect to the Premises without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property appraised, at which Landlord or its assigns may purchase any of the same and apply the proceeds thereof, less any and all expenses connected with the taking of possession and sale, as a credit against any sums due by Tenant, and Tenant agrees to pay any deficiency forthwith. If Landlord takes possession and control of the Premises and operates all security deposits and advance rentals under lease agreements on the samedate of this Lease or at any time after the date of this Lease covering or affecting the Premises and held by or for the benefit of Tenant and all proceeds of the foregoing (including by way of illustration, but not limitation, proceeds of any insurance which may accrue to Tenant by reason of damage or destruction of any such property). On the date this Lease is executed, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time two multiple originals of a financing statement in form sufficient to time during perfect the Term security interest granted hereunder. A carbon, photographic or other reproduction of this Lease such Financing Statements as is sufficient and may be required filed as a financing statement. Landlord shall have all the rights and remedies of a secured party under the Texas Business and Commerce Code and this lien and security interest may be foreclosed by Landlord in order to perfect the Landlord's lien provided herein or by state process of law. Tenant further agrees that during an Event The requirement of Default or reasonable notice prior to any sale under Article 9 of the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners Texas Business and any such distributions Commerce Code shall be considered and met if such notice is given in the manner prescribed herein at least ten (10) days before the day of sale. Any sale made pursuant to the provisions of this Section shall be deemed to have been a public sale conducted in a commercially reasonable manner if held in the Premises after the time, place and method of sale and a general description of the types of property to be fraudulent and preferential and subordinate sold have been advertised for ten (10) consecutive days prior to Landlord's claim for Rent and other sums hereunderthe date of sale in a daily newspaper published in the county in Texas where the Building is located.

Appears in 2 contracts

Samples: Office Lease Agreement (Vignette Corp), Office Lease Agreement (Vignette Corp)

LANDLORD'S LIEN. To secure its payment of all Basic Rent, Additional Rent and all other amounts owing hereunder and the performance of its covenants and agreements contained in this Lease (including, without limitation, the covenants and agreements contained in the Site Leases), the Tenant hereby grants to the Landlord shall have at an express first and prior contractual lien and security interest on all times during the Term of this Lease, a valid lien for all rents and other sums of money becoming due hereunder from Tenant, upon all goods, accounts, wares, merchandise, inventory, furniture, property (including fixtures, equipment, vehicles chattels and other personal property and effects of Tenant situated in or upon the Premisesmerchandise) that may be placed on a Theatre Property, and such also upon all proceeds of any insurance that may accrue to the Tenant by reason of the destruction or damage to that property. The Tenant will not remove that property shall not be removed therefrom from each Theatre Property (except in accordance with the terms ordinary course of this Lease business) without the approval and prior written consent of Landlord the Landlord, which can be unreasonably withheld or delayed in the Landlord's absolute discretion, until all arrearages in rent as well as any Basic Rent, Additional Rent and all other sums of money then due to Landlord amounts owing hereunder shall first have been paid paid. The Tenant waives the benefit of all exemption laws in favor of this lien and discharged security interest. This lien and security interest is given in fulladdition to the Landlord's statutory lien and is cumulative with it. Upon the occurrence of any Event of Default Default, these liens may be foreclosed with or without court proceedings by Tenant, Landlord may, in addition to any other remedies provided herein or by law, enter upon the Premises and take possession of any and all goods, wares, merchandise, books and records, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant situated in or upon or with respect to the Premises without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property appraised, at which Landlord or its assigns may purchase any of the same and apply the proceeds thereof, less any and all expenses connected with the taking of possession and sale, as a credit against any sums due by Tenant, and Tenant agrees to pay any deficiency forthwith. If Landlord takes possession and control of the Premises and operates the same, Tenant shall for so long as the Landlord gives the Tenant at least ten (10) days' notice of the time and place of the sale. The Landlord will have the right to become the purchaser of such property if it is actively operating the Premiseshighest bidder at the sale. Contemporaneously with its execution of this Lease, have no obligation to operate and if requested by the Premises. AlternativelyLandlord at any time after the Effective Date, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to will execute and deliver to the Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord Uniform Commercial Code financing statements in order form and substance sufficient (upon proper filing) to perfect the security interest granted in this Section 20 hereof. If requested by the Landlord's lien provided herein , the Tenant will also execute and deliver to the Landlord Uniform Commercial Code continuation statements in form and substance sufficient to reflect any proper amendment of, modification in or by state law. Tenant further agrees that during an Event extension of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereundersecurity interest granted in this Section 20 hereof.

Appears in 2 contracts

Samples: Lease Agreement (Citadel Holding Corp), Lease Agreement (Reading International Inc)

LANDLORD'S LIEN. Tenant hereby grants to Landlord shall have at a security interest to secure the payment of all times during the Term of this Lease, a valid lien for all rents and rent or other sums of money becoming coming due hereunder from Tenant, and to secure payment of any damages or loss which Landlord may suffer by reason of the breach by Tenant of any covenant, agreement or condition contained herein, upon all goodsequipment, accountsfixtures, waresfurniture, merchandiseimprovements, inventory, furnitureconsumer goods, fixtures, equipment, vehicles goods and other any and all personal property and effects of Tenant presently or which may hereafter be situated in in, on or upon the Premises, and all proceeds therefrom including, but not limited to, all proceeds of any insurance which may accrue to Tenant by reason of damage to or destruction of any such property; provided, however, that Tenant does not grant Landlord a security interest in any proprietary property of Tenant including such property contained in its computers, medical research data, patents or drug molecules (the “Excluded Items”). During any period that Tenant is in default under this Lease beyond all applicable notice and cure periods, such property shall not be removed therefrom except in accordance with from the terms of this Lease Premises at any time without the approval and consent of Landlord until all arrearages in rent of rent, as well as any and all other sums of money then due to Landlord hereunder hereunder, shall first have been paid and discharged in full. Upon discharged, and all the occurrence of any Event of Default covenants, agreements and conditions hereof have been fulfilled and performed by Tenant, Landlord may, in . In addition to any other remedies provided herein or by lawherein, upon Tenant’s default under this Lease beyond all applicable notice and cure periods, Landlord may enter upon the Premises and take possession of any and all goodsequipment, wares, merchandise, books and records, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant situated in in, on or upon or with respect to the Premises (other than the Excluded Items) without liability for trespass or conversion, and . Landlord may sell the same at a public or private sale, with or without having after giving Tenant at least (10) ten days written notice sent to the Tenant’s last known address as to the time and place of the sale. At such property appraisedsale, at which Landlord or its Landlord’s assigns may purchase any the property unless such purchase is otherwise prohibited by law. Unless otherwise provided by law, the requirement of reasonable notice shall be met if such notice is given to the Tenant at the address herein prescribed at least five (5) days prior to the time of the same and apply the proceeds thereofsale. Proceeds of any such disposition, less any and all expenses connected with the taking of possession and saleincluding reasonable attorney’s fees, shall be applied as a credit against any sums due the indebtedness secured by Tenant, the security interest granted in this Section. Any surplus shall be paid to Tenant and Tenant agrees to shall pay any deficiency forthwithupon demand. If Tenant consents to the filing by Landlord takes possession of financing statements in a form acceptable to Landlord sufficient to protect the security interest of Landlord In the aforementioned property and control the proceeds thereof under the applicable provisions of the Premises and operates the same, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by lawUniform Commercial Code. The statutory lien for rent, if any, is not hereby waived and the express contractual lien security interest herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord in order to perfect the Landlord's lien provided herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereunder.

Appears in 2 contracts

Samples: Industrial Space Lease (XBiotech Inc.), Industrial Space Lease (XBiotech Inc.)

LANDLORD'S LIEN. In addition to the statutory Landlord's lien, Landlord shall have have, at all times during the Term of this Leasetimes, a valid lien for security interest to secure payment of all rents rentals and other sums of money becoming due hereunder from Tenant, and to secure payment of any damages or loss which Landlord may suffer by reason of the breach by Tenant of any covenant, agreement or condition contained herein, upon all goods, accounts, wares, merchandiseequipment, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant presently or which may hereafter be situated in or upon on the PremisesPremises and all proceeds therefrom, and such property shall not be removed therefrom except in accordance with the terms of this Lease without the approval and consent of Landlord until all arrearages in rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in full. Upon and all the covenants, agreements and conditions hereof have been fully complied with and performed by Tenant, upon the occurrence of any Event an event of Default default by Tenant, Landlord may, in addition to any other remedies provided herein or by lawherein, enter upon the Premises and take possession of any and all goods, wares, merchandiseequipment, books and records, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant situated in or upon or with respect to on the Premises without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property appraisedat the sale, after giving Tenant reasonable notice of the time and place of any public sale or of the time after which any private sale is to be made, at which sales the Landlord or its assigns may purchase unless otherwise prohibited by law. Unless otherwise provided by law, and without intending to exclude any other manner of giving Tenant reasonable notice, the same and apply requirement of reasonable notice shall be met if such notice is given in the manner prescribed in Paragraph 27 of this lease at least five (5) days before the time of sale. The proceeds thereoffrom any such disposition, less any and all expenses connected with the taking of possession possession, holding and saleselling of the property (including reasonable attorneys' fees and other expenses), shall be applied as a credit against any sums due the indebtedness secured by Tenant, the security interest granted in this Paragraph 24. Any surplus shall be paid to Tenant or as otherwise required by law; and the Tenant agrees to shall pay any deficiency deficiencies forthwith. If Landlord takes possession and control of the Premises and operates the same, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, rent is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord in order to perfect the Landlord's lien provided herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereunderwaived.

Appears in 2 contracts

Samples: Office Lease Agreement, Office Lease Agreement (Sonus Networks Inc)

LANDLORD'S LIEN. In addition to the statutory landlord’s lien, Landlord shall have at all times during the Term of this Lease, a valid lien for security interest to secure payment of all rents rental and other sums of money becoming due hereunder from Tenant, and to secure payment of any damages or loss which Landlord may suffer by reason of the breach by Tenant of any covenant, agreement or condition contained herein, upon all goods, accounts, wares, merchandiseequipment, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant presently, or which may hereafter be, situated in or upon the Premises, and all proceeds therefrom, and such property shall not be removed therefrom except in accordance with the terms of this Lease without the approval and consent of Landlord until all arrearages in rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in fulland all the covenants, agreements and conditions hereof have been fully complied with and performed by Tenant. Upon the occurrence of any Event of Default default by Tenant, Landlord may, in addition to any other remedies provided herein or by law, enter upon the Premises and take possession of any and all goods, wares, merchandiseequipment, books and records, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant situated in or upon or with respect to the Premises Premises, without liability for trespass or conversion, and sell the same at public or private sale, sale in compliance with the applicable Uniform Commercial Code with or without having such property appraisedat the sale, after giving Tenant reasonable notice of the time and place of any public sale or of the time after which any private sale is to be made, at which sale Landlord or its assigns may purchase unless otherwise prohibited by law. Unless otherwise provided by law, and without intending to exclude any other manner of giving Tenant reasonable notice, the requirement of reasonable notice shall be met if such notice is given in the manner prescribed in this Lease given as therein provided at least ten (10) days before the time of sale. Any sale made pursuant to the provisions of this paragraph shall be deemed to have been a public sale conducted in a commercially reasonable manner if held in the Premises or where the property is located after the time, place and method of sale and a general description of the same and apply types of property to be sold have been advertised in the newspaper prescribed for advertisement of public sales at least once each week for two weeks before the date of the sale. The proceeds thereoffrom any such disposition, less any and all expenses connected with the taking of possession possession, holding and saleselling of the property (including reasonable attorney’s fees and expenses), shall be applied as a credit against any sums due the indebtedness secured by Tenant, and the security interest granted in this paragraph. Any surplus shall be paid to Tenant agrees to or as otherwise required by law; Tenant shall pay any deficiency deficiencies forthwith. If Landlord takes possession and control of the Premises and operates the sameUpon request by Landlord, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord a financing statement in order form sufficient to perfect the Landlord's security interest of Landlord in the aforementioned property and proceeds thereof under the provisions of the applicable Uniform Commercial Code in force. The statutory lien provided for rent is not hereby waived, the security interest herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners granted being in addition and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereundersupplementary thereto.

Appears in 1 contract

Samples: Lease Agreement (Colony Bankcorp Inc)

LANDLORD'S LIEN. In addition to the statutory Landlord's Lien, Landlord shall have have, at all times during the Term of this Leasetimes, a valid lien for security interest to secure payment of: (i) all rents rentals and other sums of money becoming due hereunder from TenantTenant under this Lease, upon (ii) any damages or loss which Landlord may suffer by reason of the breach by Tenant of this Lease. Landlord's lien shall apply to (i) all goods, accounts, wares, merchandiseequipment, inventoryfixture, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant now or later situated in or upon on the Premises, and (ii) all proceeds from such property. In event of default, all property subject to Landlords lien shall not be removed therefrom except in accordance with from the terms of this Lease Premises without the approval and consent of Landlord until all arrearages in rent as well as any and all other sums the default is fully cured. In event of money then due to Landlord hereunder shall first have been paid and discharged in full. Upon the occurrence of any Event of Default by Tenantdefault, Landlord may, in addition to any other remedies provided herein or by lawin this Lease, enter upon the Premises and take possession of any and all goodsproperty subject to Landlords Lien, wares, merchandise, books and records, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant situated in or upon or with respect to the Premises without liability for trespass or conversion. After taking possession of such property, and Landlord may sell the same at public or private sale, with (whether or without having not the property is present at the sale) after giving Tenant reasonable notice of the time and location of any such property appraised, at which sale is to be conducted. Landlord or its agents, vendors or assigns may purchase the property at the sale. Unless otherwise mandated by law, and without excluding any other manner of giving Tenant reasonable notice, the same and apply requirement of reasonable notice shall be met if such notice is given in the manner prescribed in paragraph 27 of this Lease at least five (5) days before the time of sale. The proceeds thereoffrom any such disposition, less any and all expenses connected with the taking of possession possession, holding and saleselling of the property (including reasonable attorneys' fees and other expenses), shall be applied as a credit against any sums due the Tenants financial obligations under this Lease. Any surplus shall be paid to Tenant or as otherwise required by Tenant, and law; Tenant agrees to shall promptly pay any deficiency forthwithdeficiencies. If Landlord takes possession and control of the Premises and operates the sameUpon request by Landlord, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord a financing statement in order form sufficient to perfect the Landlord's security Interest of Landlord in the aforementioned property under the provisions of the Uniform Commercial Code in force in the State of Texas. Landlord retains its statutory lien provided herein or in addition to the lien created by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereunderthis paragraph.

Appears in 1 contract

Samples: Lease Agreement (Ramp Corp)

LANDLORD'S LIEN. In addition 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 shall have at all times during the Term may suffer by reason of Tenant's breach of this LeaseAgreement, Tenant hereby grants unto Landlord, to the maximum extent permitted by Applicable Law, a valid security interest in and an express contractual lien for all rents and other sums of money becoming due hereunder from upon Tenant, upon all goods, accounts, wares, merchandise, inventory, furniture, fixtures, equipment, 's Personal Property (except motor vehicles and other personal property liquor licenses and effects of Tenant situated in or upon the Premisespermits), and 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 Hotels (the "Records") and all proceeds ------- therefrom, subject to any Permitted Encumbrances; and such property Tenant's Personal Property shall not be removed therefrom except in accordance with from the terms of this Lease without the approval and consent of Landlord until all arrearages in rent as well as Leased Property at any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in full. Upon the occurrence of any time when an Event of Default by Tenant, Landlord may, in addition to any other remedies provided herein or by law, enter upon the Premises has occurred and take possession of any and all goods, wares, merchandise, books and records, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant situated in or upon or with respect to the Premises without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property appraised, at which Landlord or its assigns may purchase any of the same and apply the proceeds thereof, less any and all expenses connected with the taking of possession and sale, as a credit against any sums due by Tenant, and Tenant agrees to pay any deficiency forthwithis continuing. If Landlord takes possession and control of the Premises and operates the sameUpon Landlord's request, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord financing statements in order form sufficient to perfect the Landlordsecurity interest of Landlord in Tenant's lien provided herein or by state law. Tenant further agrees that during an Event of Default or Personal Property and the pendency of any event or circumstance which, proceeds thereof in accordance with the passage provisions of time may become the applicable laws of the State. During the continuance of an Event of Default, Tenant hereby grants Landlord an irrevocable limited power of attorney, coupled with an interest, to execute all such financing statements in Tenant's name, place and stead. The security interest herein granted is in addition to any statutory lien for the Rent. ARTICLE 8 ---------- PERMITTED CONTESTS ------------------ Tenant shall have the right to contest the amount or validity of any Imposition, Legal Requirement, Insurance Requirement, Environmental Obligation, lien, attachment, levy, encumbrance, charge or claim (collectively, "Claims") as ------ to the Leased Property, by appropriate legal proceedings, conducted in good faith and with due diligence, provided that (a) the foregoing shall in no way be construed as relieving, modifying or extending Tenant's obligation to pay any Claims as finally determined, (b) such contest shall not make cause Landlord or Tenant to be in default under any distributions mortgage or deed of trust encumbering the Leased Property (Landlord agreeing that any such mortgage or deed of trust shall permit Tenant to its shareholders, partners, members exercise the rights granted pursuant to this Article 8) or any --------- interest therein or result in or reasonably be expected to result in a lien attaching to the Leased Property (unless Tenant shall provide Landlord with a bond or other owners and assurance reasonably acceptable to Landlord with respect to any such distributions lien), (c) no part of the Leased Property nor any Rent therefrom shall be considered in any immediate danger of sale, forfeiture, attachment or loss, and deemed (d) Tenant shall indemnify and hold harmless Landlord from and against any cost, claim, damage, penalty or reasonable expense, including reasonable attorneys' fees, incurred by Landlord in connection therewith or as a result thereof. Landlord agrees to join in any such proceedings if required legally to prosecute such contest, provided that Landlord shall not thereby be subjected to any liability therefor (including, without limitation, for the payment of any costs or expenses in connection therewith) unless Tenant agrees by agreement in form and substance reasonably satisfactory to Landlord, to assume and indemnify Landlord with respect to the same. Tenant shall be entitled to any refund of any Claims and such charges and penalties or interest thereon which have been paid by Tenant or paid by Landlord to the extent that Landlord has been fully reimbursed by Tenant. If Tenant shall fail (x) to pay or cause to be fraudulent paid any Claims when finally determined, (y) to provide reasonable security therefor or (z) to prosecute or cause to be prosecuted any such contest diligently and preferential in good faith, Landlord may, upon reasonable notice to Tenant (which notice shall not be required if Landlord shall reasonably determine that the same is not practicable), pay such charges, together with interest and subordinate to Landlord's claim for Rent penalties due with respect thereto, and other sums hereunderTenant shall reimburse Landlord therefor, upon demand, as Additional Charges.

Appears in 1 contract

Samples: Lease Agreement (Homestead Village Inc)

LANDLORD'S LIEN. Tenant hereby grants to Landlord a lien and security interest (hereinafter, collectively the "lien") as security for payment of fixed minimum rent, additional rent or any other charges payable by Tenant hereunder, upon all property, equipment, fixtures and inventory (and the proceeds thereof) at any time placed on or in the demised premises, including all improvements, fixtures, merchandise and other personal property, to the full extent of Tenant's and/or any assignee's or subtenant's interest therein. Such lien shall include the right to prevent removal of said property from the demised premises and may be enforced, upon non-payment of rent or other charges as aforesaid, by the re-entry, taking and sale of such property. Sale shall be either public or private after at least ten (10) days' written notice to Tenant at his last known address, and Landlord shall have the right and privilege to be a purchaser at any such sale. The duty to notify Tenant's creditors in the event of such sale shall rest solely with Tenant after notice as aforesaid, except as otherwise required by law. The duty to notify all times during the Term of this Leaseother interested parties shall rest with Landlord. Tenant shall and hereby agrees to provide, upon request, a valid lien for all rents complete and other sums accurate list of money becoming due hereunder from Tenant, upon all goods, accounts, wares, merchandise, inventory, furniture, fixtures, equipment, vehicles creditors and other personal property and effects of Tenant situated in or upon the Premisesindebtedness, and otherwise to do whatever may be necessary or appropriate, to pass good and legal title under such property sale. Any and all proceeds obtained at such sale shall not be removed therefrom except in accordance with applied first to the cost of such sale, including reasonable attorneys' fees and costs, and then to any interest or late charges accrued and payable under the terms of this Lease without for non-payment of rent and/or any other charges, and any balance to the approval and consent of Landlord until all arrearages in rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in full. Upon the occurrence reduction of any Event of Default by Tenantprincipal sum due hereunder for rent and/or other charges. Sale or retention under this lien shall not be deemed to waive, Landlord mayalter, limit or affect in any manner whatsoever, but shall be in addition to to, any other remedies provided herein available to Landlord upon non-payment of rent or by law, enter upon the Premises and take possession of any and all goods, wares, merchandise, books and records, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant situated in charges under this Lease or upon or with respect to the Premises without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property appraised, at which Landlord or its assigns may purchase any of the same and apply the proceeds thereof, less any and all expenses connected with the taking of possession and sale, as a credit against any sums due by Tenant, and Tenant agrees to pay any deficiency forthwithotherwise. If Landlord takes possession and control of the Premises and operates the same, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests execute any financing statement or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required documents requested by Landlord in order to evidence or perfect the foregoing lien. Upon the written request of Tenant, Landlord agrees to subordinate the foregoing lien(s) with respect to such items as may be specifically identified as subject to an acquisition lien (for purposes of this Lease, defined as any lien upon an item, granted by Tenant for the purpose of financing the acquisition of such item), and upon evidence of the demand of Tenant's lender to subordinate Landlord's lien provided herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereunderacquisition lien.

Appears in 1 contract

Samples: Lease Agreement (Educational Medical Inc)

LANDLORD'S LIEN. In addition to any statutory lien for Rent in Landlord's favor, Landlord shall have at all times during the Term of this Lease, and Tenant hereby grants to Landlord a valid lien continuing security interest for all rents rentals and other sums of money becoming due hereunder from Tenant, upon all goods, accounts, wares, merchandiseequipment, fixtures, furniture, inventory, furnitureaccounts, fixturescontract rights, equipmentreceivables, vehicles chattel paper and other personal property and effects of Tenant situated in or upon on the Leased Premises, and such property shall not be removed therefrom except in accordance with the terms of this Lease there from without the approval and consent of Landlord until all arrearages arrearage in rent Rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in fulldischarged. Upon In the occurrence event of any Event of Default by Tenanta default under this Lease, Landlord mayshall have, in addition to any other remedies provided herein or by law, enter upon all rights and remedies under the Premises Texas Business and take possession of any and all goodsCommerce Code, wares, merchandise, books and records, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant situated in or upon or with respect including without limitation the right to the Premises without liability for trespass or conversion, and sell the same property described in this paragraph at public or private sale, with or without having such property appraised, at which sale upon ten (10) days notice to Tenant. Tenant hereby authorizes Landlord or its assigns may purchase any to file financing statement(s) in form sufficient to perfect the security interest granted hereunder. Landlord shall have all the rights and remedies of a secured party under the same Texas Business and apply the proceeds thereof, less any Commerce Code and all expenses connected with the taking of possession this lien and sale, as a credit against any sums due by Tenant, and Tenant agrees to pay any deficiency forthwith. If Landlord takes possession and control of the Premises and operates the same, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted security interest may be foreclosed by process of law. The requirement of reasonable notice prior to any sale under Article 9 of the Texas Business and Commerce Code shall be met if such notice is given in the manner prescribed herein at least ten (10) days before the day of sale. Any sale made pursuant to the provisions of this Paragraph shall be deemed to have been a public sale conducted in a commercially reasonable manner if held in the Leased Premises after the time, place and form provided by law method of sale and a general description of the types of property to be sold have been advertised for foreclosure ten (10) consecutive days prior to the date of security interests or sale in any other manner and form provided by lawa daily newspaper published in the county in Texas where the Building is located. The Any statutory lien for rent, if any, Rent is not hereby waived and waived, the express contractual lien herein granted is being in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord in order to perfect the Landlord's lien provided herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereunder.

Appears in 1 contract

Samples: Lease Agreement (Sharps Compliance Corp)

LANDLORD'S LIEN. Landlord shall have at all times during the Term of To secure Tenant’s obligations under this Lease, Tenant grants Landlord a valid lien for contractual security interest on all rents and other sums of money becoming due hereunder from Tenant’s inventory, upon all goods, accounts, wares, merchandise, inventory, furniture, fixtures, equipment, vehicles consumer goods and other personal property and effects of Tenant equipment now or hereafter situated in or upon the PremisesPremises and all proceeds therefrom, and such property including insurance proceeds (collectively, “Collateral”). No Collateral shall not be removed therefrom from the Premises without Landlord’s prior written consent until all of Tenant’s obligations are fully satisfied (except in accordance the ordinary course of business and then only if replaced with the terms items of this Lease without the approval same or greater value and consent of Landlord until all arrearages in rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in fullquality). Upon the occurrence any event of any Event of Default by Tenantdefault, Landlord may, to the fullest extent permitted by Law and in addition to any other remedies provided herein or by lawherein, enter upon the Premises and take possession of any and all goods, wares, merchandise, books and records, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant situated in or upon or with respect to the Premises Collateral without liability being held liable for trespass or conversion, and sell the same at public or private sale, after giving Tenant at least 10 days written notice (or more if required by Law) of the time and place of such sale. Such notice may be sent with or without having such property appraisedreturn receipt requested. Unless prohibited by Law, at which any Landlord or its assigns Party may purchase any of the same and apply Collateral at such sale. Subject to applicable Law, the proceeds thereoffrom such sale, less Landlord’s expenses, including reasonable attorneys’ fees and other expenses, shall be credited against Tenant’s obligations. Any surplus shall be paid to Tenant (or as otherwise required by Law) and any and all expenses connected with deficiency shall be paid by Tenant to Landlord upon demand. Tenant hereby authorizes Landlord to file a financing statement sufficient to perfect the taking foregoing security interest, or to file a copy of possession and salethis Lease as a financing statement, as a credit against permitted under Law. Notwithstanding the foregoing, Landlord’s security interest (i) shall not attach to any sums due by Tenant, and Tenant agrees personal property subject to pay any deficiency forthwith. If Landlord takes possession and control of the Premises and operates the same, Tenant shall an existing perfected security interest (but only for so long as Landlord is actively operating the Premisessuch other security interest exists) in favor of a bank or other Financial institution whose loan and security agreements with Tenant prohibit any other liens on such collateral, have no obligation but (ii) shall be subordinate to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of any such existing security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is that do not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord in order to perfect the Landlord's lien provided herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners and any such distributions shall be considered and deemed to be fraudulent and preferential and prohibit subordinate to Landlord's claim for Rent and other sums hereunderliens.

Appears in 1 contract

Samples: Office Lease (FusionStorm Global, Inc.)

LANDLORD'S LIEN. In addition to the statutory landlord’s lien, Landlord shall have have, at all times during the Term of this Leasetimes, a valid lien for security interest to secure payments of all rents rent, additional rent and other sums of money becoming due hereunder from Tenant, and to secure payment of any damages or loss which Landlord may suffer by reason of the breach by Tenant of any covenant, agreement or condition contained herein, upon all goods, accounts, wares, merchandiseequipment, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant presently or which may hereafter be situated in or upon the Premises, and such all proceeds therefrom. Tenant’s personal property shall not be removed therefrom except in accordance with from the terms of this Lease Premises without the approval and consent of Landlord until all arrearages in rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in fulland all the covenants, agreements and conditions hereof have been fully complied with and performed by Tenant. Upon the occurrence of any Event an event of Default default by Tenant, Landlord may, in addition to any other remedies provided herein or by lawherein, enter upon the Premises and take possession of any and all goods, wares, merchandiseequipment, books and records, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant situated in or upon or with respect to the Premises Premises, without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property appraisedat the sale, after giving Tenant reasonable notice of the time and place of any public sale or of the time after which any private sale is to be made, at which sale Landlord or its assigns may purchase unless otherwise prohibited by law. Unless otherwise provided by law, and without intending to exclude any other manner of giving Tenant reasonable notice, the same and apply requirement of reasonable notice shall be met if such notice is given in the manner prescribed in this Lease at least five (5) days before the time of sale. The proceeds thereoffrom any such disposition, less any and all expenses connected with the taking of possession possession, holding and saleselling of the Premises (including reasonable attorneys’ fees and other expenses), shall be applied as a credit against any sums due the indebtedness secured by Tenant, the security interest granted in this Section. Any surplus shall be paid to Tenant or as otherwise required by law; and Tenant agrees to shall pay any deficiency deficiencies forthwith. If Landlord takes possession and control Upon request of the Premises and operates the sameLandlord, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord Tenant a financing statement in order form sufficient to perfect the Landlord's security interest of Landlord in the aforementioned property and proceeds thereof under the provisions of the Uniform Commercial Code in force in the State of Florida. The statutory lien provided for rent is not hereby waived, the security interest herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners granted being in addition and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereundersupplementary thereto.

Appears in 1 contract

Samples: Lease Agreement (Technology Research Corp)

LANDLORD'S LIEN. In addition to the statutory landlord's lien, Landlord shall have at all times during the Term of this Lease, a valid lien for security interest to secure payment of all rents rentals and other sums of money becoming due hereunder from Tenant, and to secure payment of any damages or loss which Landlord may suffer by reason of the breach by Tenant of any covenant, agreement or condition contained herein, upon all goods, accounts, wares, merchandiseequipment, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant presently, or which may hereafter be, situated in or upon the Leased Premises, and all proceeds therefrom, and such property shall not be removed therefrom except in accordance with the terms of this Lease without the approval and consent of Landlord until all arrearages in rent rental as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in fulland all the covenants, agreements and conditions hereof have been fully complied with and performed by Tenant. Upon the occurrence of any an Event of Default as set forth in Paragraph 18 hereof by Tenant, Landlord may, to the extent permitted by law and in addition to any other remedies provided herein or by lawherein, enter upon the Leased Premises and take possession of any and all goods, wares, merchandiseequipment, books and records, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant situated in or upon or with respect to the Premises Leased Premises, without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property appraisedat the sale, after giving Tenant reasonable notice of the time and place of any public sale or of the time after which any private sale is to be made, at which sale Landlord or its Landlord's assigns may purchase unless otherwise prohibited by law. Unless otherwise provided by law, and without intending to exclude any other manner of giving Tenant reasonable notice, the requirement of reasonable notice shall be met if such notice is given in the manner prescribed in this Lease at least ten (10) days before the time of sale. Any sale made pursuant to the provisions of this Paragraph 17 shall be deemed to have been a public sale conducted in a commercially reasonable manner if held in the Leased Premises or where the property is located after the time, place and method of sale and a general description of the same and apply types of property to be sold have been advertised in a daily newspaper published in the county in which the Building is located, for five (5) consecutive days before the date of the sale. The proceeds thereoffrom any such disposition, less any and all expenses connected with the taking of possession possession, holding and sale, selling of the property (including reasonable attorneys' fees) shall be applied as a credit against any sums due the indebtedness secured by Tenant, and the security interest granted in this Paragraph 17. Any surplus shall be paid to Tenant agrees to or as otherwise required by law; Tenant shall pay any deficiency deficiencies forthwith. If Landlord takes possession and control Upon request of the Premises and operates the sameLandlord, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver Uniform Commercial Code financing statements relating to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord in order to perfect the Landlord's lien provided herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereunderaforesaid security interest.

Appears in 1 contract

Samples: Office Lease (Windsor Woodmont Black Hawk Resort Corp)

LANDLORD'S LIEN. Landlord shall have at all times during As security for the Term performance of the obligations of Tenant under this Lease, Tenant hereby grants Landlord a valid lien for security interest in all rents and other sums of money becoming due hereunder from Tenant, upon all goods, accounts, wares, merchandiseequipment, inventory, fixtures, furniture, fixtures, equipment, vehicles and all other personal property and effects of now owned or hereafter acquired by Tenant situated which is located in or upon the Leased Premises, and such property shall not be removed therefrom except in accordance with the terms of this Lease without the approval and consent of Landlord until all arrearages in rent as well as any additions thereto, and all other sums of money then due to Landlord hereunder shall first have been paid proceeds and discharged in fullproducts thereof. Upon the occurrence of any Event of Default by Tenant, Landlord may, in addition to any other remedies provided herein or by law, enter upon the Premises and take possession of any and all goods, wares, merchandise, books and records, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant situated in or upon or with respect to the Premises without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property appraised, at which Landlord or its assigns may purchase any of the same and apply the proceeds thereof, less any and all expenses connected with the taking of possession and sale, as a credit against any sums due by Tenant, and Tenant agrees to pay any deficiency forthwith. If Landlord takes possession and control of the Premises and operates the same, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in Without excluding any other manner of notice, any requirement of reasonable notice to Tenant of Landlord's intention to dispose of any property pursuant to the enforcement of such security interest will be met if such notice is given at least ten (10) days before the time of such disposition. Any sale made pursuant to the enforcement of such security interest shall be deemed to have been a public sale conducted in a commercially reasonable manner if held at the Leased Premises or at any warehouse in Xxxxxxx County, Kansas to where such property has been relocated by Landlord after advertisement of the time, place, method of sale and form provided by lawa general description of the property to be sold, in a daily newspaper published in Xxxxxxx County, Kansas, or Kansas City, Missouri for five (5) consecutive business days before the date of sale. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute upon demand and deliver to the Landlord from time to time during the Term within ten (10) days after written request therefor by or on behalf of this Lease Landlord, such Financing Statements as may financing statements, continuation statements and other instruments which might reasonably be required to perfect, protect or continue the foregoing security interest. Notwithstanding anything in this Section 4 to the contrary, and provided that Tenant is not then in Default, the security interest granted pursuant to this Section 4 shall automatically terminate without further action if Tenant in good faith gives Landlord written notice that Tenant has entered into or becomes bound by Landlord any credit agreement, indenture or similar agreement the terms of which prohibit the security interest granted herein, and, in order to perfect the Landlord's lien provided herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Defaultsuch event, Tenant shall not make be authorized to terminate of record any distributions to its shareholders, partners, members or other owners and any financing statements evidencing such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereundersecurity interest.

Appears in 1 contract

Samples: Avax Technologies Inc

LANDLORD'S LIEN. Landlord shall have at a. As security for payment of rent, damages and all times during other payments required to be made by this Lease, Tenant hereby grants to Landlord, ONLY IN CASE OF DEFAULT AS DEFINED IN SEC. 23, a lien upon all tangible property of Tenant now or subsequently located upon the Term Premises. If Tenant abandons or vacates any substantial portion of the Premises or is in default of any provisions of this Lease, a valid lien for all rents and other sums of money becoming due hereunder from Tenant, upon all goods, accounts, wares, merchandise, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant situated in or Landlord may enter upon the Premises, and such property shall not be removed therefrom except in accordance with the terms of this Lease without the approval and consent of Landlord until all arrearages in rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in full. Upon the occurrence of any Event of Default by Tenant, Landlord may, in addition to any other remedies provided herein or by law, enter upon the Premises and take possession of all or any part of Tenant's trade fixtures or tangible personal property, store such property in a private or public place, and may sell all goods, wares, merchandise, books and records, inventory, furniture, fixtures, equipment, vehicles and other or any part of the fixtures or tangible personal property and effects of Tenant situated in or upon or with respect to the Premises without liability for trespass or conversion, and sell the same at a public or private sale, in one or successive sales, with or without having such property appraisednotice, at which Landlord or its assigns may purchase any to the highest bidder for cash. The proceeds of the same sale shall be applied by Landlord towards the costs of removal and apply storage, next towards reasonable costs and expenses of the proceeds thereof, less any and all expenses connected with the taking of possession and sale, as a credit against any including reasonable attorney’s fees, and then toward the payment of all sums due by Tenant, Tenant to Landlord under the terms of this Lease. b. This Lease is intended as and Tenant agrees to pay any deficiency forthwith. If Landlord takes possession and control constitutes a security agreement within the meaning of the Uniform Commercial Code of the State of Utah and Landlord, in addition to the rights prescribed in this Lease, shall have all of the rights, titles, liens and interests in and to Tenant's tangible property now or hereafter located upon the Premises and operates which are granted a secured party, as that term is defined, under the same, Tenant shall for so long as Landlord is actively operating Uniform Commercial Code to secure the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure performance of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is payment to Landlord of the various amounts provided in addition thereto and supplementary theretothis Lease. Tenant agrees to will on request execute and deliver to Landlord from time to time during a financing statement for the Term purpose of perfecting Landlord's security interest under this Lease such Financing Statements or Landlord may file this Lease or a summary thereof as may be required by Landlord in order to perfect the Landlord's lien provided herein or by state lawa financing statement. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereunder26.

Appears in 1 contract

Samples: Commercial Lease (Sunrise Usa Inc)

LANDLORD'S LIEN. All tangible personal property not permanently part of the Demised Premises, including screens, sound systems, projectors, seating, panelling, movable partitions, lighting fixtures, furniture system, storage walls, special cabinet work, other business and trade fixtures, machinery and equipment, communications equipment and office equipment, whether or not the attached to, or built into, the Demised Premises, that are installed in the Demised Premises by or for the account of Tenant, at Tenant's expense, and can be removed without permanent structural damage to the Demised Premises, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Demised Premises (all of which are sometimes called "Tenant's Property"), shall be and shall remain the property of Tenant for all purposes, subject to a lien in the favor of Landlord in the event Tenant shall default (after notice and grace) in the observance of Tenant's obligations hereunder. Landlord's lien, however, shall be subject and subordinate to the lien of any party which may now or in the future hold an interest in any of Tenant's Property. This subordination shall be self-operative; however, Landlord agrees to execute such documents as may be requested by Tenant to confirm the subordination of its lien to the lien of any party claiming an interest, whether by lease, financing or otherwise. In the event of damage or destruction thereto by fire or other causes, Tenant shall have the right to recover the value thereof as its own loss from any insurance company with which it has insured the same, or to claim an award in the event of condemnation, notwithstanding that, absent this sentence, any of such things might be considered a part of the Demised Premises. Tenant may remove all or any of Tenant's Property at all times any time during the Term term of this Lease, a valid lien provided that, if any of Tenant's Property is removed, Tenant or any party or person entitled to remove same shall repair or pay the cost repairing any damage to the Demised Premises or to the Building resulting from such removal. Any equipment or other property for all rents and other sums of money becoming due hereunder from which Landlord shall have granted any allowance or credit to Tenant, upon all goodsor that has replaced such items originally provided by Landlord at Landlord's expense, accounts, wares, merchandise, inventory, furniture, fixtures, equipment, vehicles shall remain on the Demised Premises and other personal property and effects of Tenant situated in or upon the Premises, and such property shall not be removed therefrom except in accordance with the terms of this Lease without the approval and consent of Landlord until all arrearages in rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in full. Upon the occurrence of any Event of Default by Tenant, Landlord may, in addition to any other remedies provided herein or by law, enter upon the Premises and take possession of any and all goods, wares, merchandise, books and records, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant situated in or upon or with respect to the Premises without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property appraised, at which Landlord or its assigns may purchase any of the same and apply the proceeds thereof, less any and all expenses connected with the taking of possession and sale, as a credit against any sums due by Tenant, and Tenant agrees to pay any deficiency forthwith. If Landlord takes possession and control of the Premises and operates the same, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord in order to perfect the Landlord's lien provided herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereunder.

Appears in 1 contract

Samples: Agreement (Clearview Cinema Group Inc)

LANDLORD'S LIEN. In addition to the statutory Landlord's lien, Tenant hereby grants to Landlord shall have at a security interest to secure payment of all times during the Term of this Lease, a valid lien for all rents rent and other sums of money becoming due hereunder from Tenant, upon all goods, accounts, wares, merchandise, inventory, furnitureequipment, fixtures, equipment, vehicles furniture and other personal property and effects of Tenant situated in or upon the Premisesdemised premises, and such together with the proceeds from the sale or lease thereof. Such property shall not be removed therefrom except in accordance with the terms of this Lease without the approval and consent of Landlord until all arrearages in rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in fulldischarged. Upon the occurrence of any Event event of Default by Tenantdefault, Landlord may, in addition to any other remedies provided herein or by law, enter upon the Premises demised premises and take possession of any and all goods, wares, merchandise, books and records, inventory, furniture, fixtures, equipment, vehicles fixtures furniture and other personal property and effects of Tenant situated in or upon or with respect to on the Premises premises without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property appraisedat the sale, after giving Tenant reasonable notice of the time and place of any such sale. Unless otherwise required by law, notice to Tenant of such sale shall be deemed sufficient if given in the manner prescribed in this lease at which least 10 days before the time of the sale. Any public sale made under this paragraph shall be deemed to have been conducted in a commercially reasonable manner if held in the demised premises or where the property is located, after the time, place and method of sale and a general description of the types of property to be sold have been advertised in a daily newspaper published in Dallas County, Texas, for five consecutive days before the date of the sale. Landlord or its assigns may purchase at a public sale and, unless prohibited by law, at a private sale. The proceeds from any of the same and apply the proceeds thereofdisposition dealt with in this paragraph, less any and all expenses connected with the taking of possession possession, holding and saleselling of the property (including reasonable attorneys' fees and legal expenses), shall be applied as a credit against any sums due the indebtedness secured by Tenant, and the security interest granted herein. Any surplus shall be paid to Tenant agrees to or as otherwise required by law; Tenant shall pay any deficiency deficiencies forthwith. If Landlord takes possession and control of the Premises and operates the sameUpon request by Xxxxxxxx, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant Xxxxxx agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord a financing statement in order form sufficient to perfect the Landlord's security interest of Landlord in the aforementioned property and proceeds thereof under the provisions of the Uniform Commercial Code in force in the State of Texas. The statutory lien provided for rent is expressly reserved; the security interest herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners granted is in addition and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereundersupplementary thereto.

Appears in 1 contract

Samples: Lease Agreement (Gorges Quik to Fix Foods Inc)

LANDLORD'S LIEN. Tenant hereby grants to Landlord a lien and security interest as security for payment of all rental, additional rental or any other charges now or hereafter payable by Tenant hereunder, upon all equipment, fixtures and inventory (and the proceeds thereof) within the demised premises, including all improvements, equipment, fixtures, inventory, merchandise and other personal property now or hereafter placed on or in the demised premises, to the full extent of Tenant's and any assignee's or subtenant's interest therein, and such lien shall have at all times during include the Term right to prevent removal of said property from the demised premises and may be enforced, upon nonpayment of rent or other charges as aforesaid, or any other default by Tenant hereunder, without notice to Tenant, unless notice is required by some other provision of this Lease, a valid lien for by the reentry, taking and sale, lease, or other disposition of such property. Landlord shall also have all rents other rights and remedies upon default provided by law, including those set forth in the Uniform Commercial Code, so-called. The sale, lease or other sums disposition of money becoming due hereunder from Tenant, upon all goods, accounts, wares, merchandise, inventory, furniture, fixtures, equipment, vehicles and other personal the property and effects of shall be either public or private after at least ten (10) days notice to Tenant situated in or upon the Premisesat his last known address, and Landlord shall have the right and privilege to be a purchaser at any such sale. Landlord and Tenant agree that ten (10) days notice of such sale, lease or other disposition of the property is reasonable under the circumstances. Tenant shall not and hereby agrees to provide upon request a list of creditors and indebtedness and otherwise do whatever may be removed therefrom except in accordance with necessary or appropriate to pass good and legal title under any sale, lease or other disposition as herein provided. Any and all proceeds obtained at such sale shall be applied first to the cost of such sale, including reasonable attorney fees and costs, and then to any interest accrued and payable under the terms of this Lease without for nonpayment of rent and/or any other charges, and any balance to the approval and consent of Landlord until all arrearages in rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in full. Upon the occurrence reduction of any Event of Default by Tenantprincipal sum due hereunder for rent and/or other charges. Sale or retention under such lien shall not be deemed to waive, Landlord mayalter, limit or affect in any manner whatsoever, but shall be in addition to to, any other remedies provided herein available to Landlord upon nonpayment of rent or by law, enter upon the Premises and take possession of any and all goods, wares, merchandise, books and records, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant situated in charges under this lease or upon or with respect to the Premises without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property appraised, at which Landlord or its assigns may purchase any of the same and apply the proceeds thereof, less any and all expenses connected with the taking of possession and sale, as a credit against any sums due by Tenant, and Tenant agrees to pay any deficiency forthwithotherwise. If Landlord takes possession and control of the Premises and operates the same, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests execute any financing statement or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required documents requested by Landlord in order to evidence or perfect the Landlord's lien provided herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereunderlien.

Appears in 1 contract

Samples: Lease Agreement (Integral Vision Inc)

LANDLORD'S LIEN. (a) Tenant hereby grants to Landlord shall have at a security interest to secure payment of all times during the Term of this Lease, a valid lien for all rents Rent and other sums of money becoming coming due hereunder from TenantTenant and to secure payment of any damages or loss which Landlord may suffer by reason of the breach by Tenant of any covenant agreement or condition contained herein, upon all goods, accounts, wares, merchandise, inventoryequipment fixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of owned by Tenant presently or which mav hereafter be situated in or upon on the Leased Premises, and such all proceeds therefrom. Such property shall not be removed therefrom except in accordance with from the terms of this Lease Leased Premises at any time without the approval and consent of the Landlord until all arrearages in rent Rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in full. Upon and all the occurrence of any Event of Default covenants, agreements, and conditions hereof have been fulfilled and performed by Tenant, Landlord may, in . In addition to any other remedies provided herein or by lawherein, in the event of default Landlord may enter upon the Leased Premises and take possession of any and all goods, wares, merchandise, books and records, inventoryequipment fixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant situated in or upon or with respect to the Leased Premises without liability for trespass or conversion, and . Landlord may sell the same at a public or private sale, with or without having such property appraisedat the sale, at which after giving Tenant reasonable notice as to the time and place of the sale. At such sale. Landlord or its assigns may purchase any the Property unless such purchase is otherwise prohibited by law. Unless otherwise provided by law, the requirement of reasonable notice shall be met if such notice is given to Tenant at the address hereafter prescribed at least thirty (30) days prior to the time of the same and apply the sale. The proceeds thereofof any such disposition, less any and all expenses connected with the taking of possession and salesale of the property, including a reasonable attorney’s fee, shall be applied as a credit against any sums due the indebtedness secured by Tenant, the security interest granted in this paragraph. Any surplus shall be paid to Tenant and Tenant agrees to shall pay any deficiency forthwithdeficiencies upon demand. If Upon request by Landlord. Tenant will execute and deliver to Landlord takes possession and control a financing statement in a form sufficient to perfect the security interest of the Premises and operates the same, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner aforementioned property and form provided by law for foreclosure the proceeds thereof under the provision of security interests or the uniform commercial code in any other manner and form provided by lawforce in the State of Texas. The statutory lien for rent, if any, Rent is not hereby waived and waived: the express contractual lien security interest herein granted is in addition thereto and supplementary thereto. Tenant agrees Notwithstanding anything to execute and deliver to Landlord from time to time during the Term of contrary, this Lease such Financing Statements as may be required by Landlord in order to perfect the Landlord's lien provided herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant provision shall not make be effective if it violates any distributions security interest previously granted by Tenant to its shareholders, partners, members or other owners and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereunderthird party.

Appears in 1 contract

Samples: Lease Agreement (Newgistics, Inc)

LANDLORD'S LIEN. Landlord shall XXXXXX xxxll have at all times during the Term of this Lease, and is hereby granted a valid lien for all rents and other sums of money becoming due hereunder from Tenant, upon SUBORDINATE ONLY TO A FIRST LIEN CREATED IN FAVOR OF THE HEALTHCARE FINANCIAL PARTNER PURSUANT TO THE LOAN AND SECURITY AGREEMENT BETWEEN HEALTHCARE FINANCIAL PARTNERS AND THE COMPANY DOCTOR WHICH WAS AGREED TO APRIL 14,1997 on all goods, accountschattels, wares, merchandise, inventory, furniture, furniture fixtures, equipment, vehicles and other personal property and effects of Tenant situated in equipment which Lessee may have on or own upon the Premises, and such property shall not be removed therefrom except in accordance with the terms of said demised premises or which Lessee may have on or own thereon at any time during this Lease without the approval and consent of Landlord until all arrearages in rent lease as well as any such rights against such movable properties belonging to strangers as the Landlord may enjoy under the law as well as upon the proceeds of any insurance accruing to Lessee by reason of the destruction of or damage to any such personal property, to secure all rent and all other sums of money then due or to Landlord hereunder shall first have been paid and discharged in full. Upon the occurrence of any Event of Default by Tenantbecome due Lessor hereunder, Landlord may, in addition to any other remedies provided herein or by law, enter upon the Premises and take possession of any and all goods, wares, merchandise, books and records, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects exemption laws hereby being expressly waived in favor of Tenant situated in or upon or with respect to the Premises without liability for trespass or conversionsaid lien, and sell the same at public it is agreed that said expressed lien shall not be construed as a waiver of any statutory lien given or private salewhich may be given Lessor, with or without having such property appraised, at but shall be additional thereto. The lien herein granted by Lessee to Lessor as distinguished from any statutory lien which Landlord or its assigns Lessee may purchase any of the same and apply the proceeds thereof, less have is hereby subordinated by Lessor to any and all expenses connected present or future mortgages which Lessee may grant covering any equipment purchased m order to make such purchase and covering inventory in order to finance purchase of said inventory, If said Lessor shall be in default or shall fail or refuse to perform or comply with the taking any of possession Lessor's obligations under this lease, Lessee, after giving Lessor notice in writing of such default failure or refusal and sale, as a credit against any sums due by Tenant, and Tenant agrees demand to pay any deficiency forthwith. If Landlord takes possession and control of the Premises and operates remedy the same, Tenant shall may at Lessee's option, if Lessor has not remedied said default failure or refusal within ten (10) days after receipt of said notice, exercise such right or remedy which Lessee may have, including the right to remedy the condition or matter referred to in such notice, if necessary, and Lessor agrees to reimburse Lessee for so long as Landlord is actively operating any expense reasonably incurred in connection with exercise of said right to remedy the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted condition or such expense or any part thereof at Lessee's option may be foreclosed deducted in whole or in part from subsequent installments or rent; and in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord in order to perfect the Landlord's lien provided herein or by state law. Tenant further agrees that during an Event of Default or the pendency event of any event dispute between the parties as to the right of the Lessee any notice of default or circumstance which, with termination of lease unless Lessee shall fail to make good to Lessor for such deduction within ten (10) days after receipt of notice by Lessee of a judgment in favor of the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereunderLessor.

Appears in 1 contract

Samples: Lease Agreement (Company Doctor)

LANDLORD'S LIEN. In addition to the statutory Landlord's Lien, Landlord shall have have, at all times during the Term of this Leasetimes, a valid lien for security interest to secure payment of all rents Rental, Additional Rental and other sums of money becoming due hereunder from Tenant, and to secure payments of any damages or loss which Landlord may suffer by reason of the breach by Tenant of any covenant, agreement or condition contained herein, upon all ail goods, accounts, wares, merchandiseequipment, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant presently or which may hereinafter be situated in or upon the PremisesOffice Space, and all proceeds therefrom, and such property shall not be removed therefrom except in accordance with the terms of this Lease without the approval and consent of Landlord until all arrearages in rent Rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in fulland all of the covenants, agreements, and conditions hereof have been fully complied with and performed by Tenant. Upon In consideration of this Lease, upon the occurrence of any Event an event of Default default by Tenant, Landlord may, in addition to any other remedies provided herein or by lawherein, enter upon the Premises Office Space and take possession of any and all goods, wares, merchandiseequipment, books and records, inventoryfixtures, furniture, fixturesimprovements, equipment, vehicles and other personal property and effects of Tenant situated on or in or upon or with respect to the Premises Office Space, without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property appraisedat the sale, after giving Tenant reasonable notice of the time and place of any public sale or of the time after which any private sale is to be made, at which sale the Landlord or its assigns may purchase unless otherwise prohibited by law. Unless otherwise provided by law, and without intending to exclude any other manner of giving Tenant reasonable notice, the same and apply requirement of reasonable notice shall be met if such notice is given in the manner prescribed in paragraph 25 of this Lease at least five (5) days before the time of sale. The proceeds thereof, from any such disposition less any and all expenses connected with the taking of possession possession, holding and saleselling of the property (including reasonable attorney's fees and other expenses), shall be applied as a credit against any sums due the indebtedness secured by Tenant, the interest granted in this paragraph 21. Any surplus shall be paid to Tenant or as otherwise required by law; and Tenant agrees to shall pay any deficiency deficiencies forthwith. If Landlord takes possession and control of the Premises and operates the sameUpon request by Landlord, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time a financing statement in form sufficient to time during perfect the Term 32 security interest of Landlord in the aforementioned property and proceeds thereof under the provisions of the Uniform Commercial Code in force in the Commonwealth of Virginia. The statutory lien for rent is not hereby waived, the security interest hereby granted being in addition and supplementary thereto. Notwithstanding anything contained hereinabove to the contrary, Landlord hereby agrees to subordinate any lien on Tenant's personal property and trade fixtures located in the Office Space granted to Landlord by statute or by virtue of this Lease such Financing Statements as may be required to any current or future financing arrangements entered into by Landlord in order to perfect the Landlord's lien provided herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions respect to its shareholders, partners, members or other owners personal property and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereundertrade fixtures located in the Office Space.

Appears in 1 contract

Samples: Lease Agreement (Lightspan Inc)

LANDLORD'S LIEN. In addition to the statutory Landlord's lien, Tenant hereby grants to Landlord shall have at a security interest to accrue payment of all times during the Term of this Lease, a valid lien for all rents and rent an other sums of money becoming due hereunder from Tenant, upon all goods, accounts, wares, merchandise, inventory, furnitureequipment, fixtures, equipment, vehicles furniture and other personal property and effects of Tenant situated in or upon the Premisesdemised premises, and such together with the proceeds from the sale or lease thereof. Such property shall not be removed therefrom except in accordance with the terms of this Lease without the approval and consent of Landlord until all arrearages in rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in fulldischarged. Upon the occurrence of any Event event of Default by Tenantdefault, Landlord may, in addition to any other remedies provided 5 herein or by law, enter upon the Premises demised premises and take possession of any and all goods, wares, merchandise, books and records, inventory, furnitureequipment, fixtures, equipment, vehicles furniture and other personal property and effects of Tenant situated in or upon or with respect to on the Premises premises without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property appraisedat the sale, after giving Tenant reasonable notice of the time and place of any such sale. Unless otherwise required by law, notice to Tenant of such sale shall be deemed sufficient if given in the manner prescribed in this lease at which least 10 days before the time of the sale. Any public sale made under this paragraph shall be deemed to have been conducted in a commercially reasonable manner if held in the demised premises or where the property is located, after the time, place and method of sale and a general description of the types of property to be sold have been advertised in a daily newspaper published in Dallas and/or Tarrant County, Texas, for five consecutive days before the date of the sale. Landlord or its assigns may purchase at a public sale and, unless prohibited by law, at a private sale. The proceeds from any of the same and apply the proceeds thereofdisposition dealt with in this paragraph, less any and all expenses connected with the taking of possession possession, holding and saleselling of the property (including reasonable attorneys' fees and legal expenses), shall be applied as a credit against any sums due the indebtedness secured by Tenant, the security interest and granted herein. Any surplus shall be paid to Tenant agrees to or as otherwise required by law; Tenant shall pay any deficiency deficiencies forthwith. If Landlord takes possession and control of the Premises and operates the sameUpon request by Landlord, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord a financing statement in order form sufficient to perfect the Landlord's security interest of Landlord in the aforementioned property and proceeds thereof under the provisions of the Business and Commerce Code in force in the State of Texas. The statutory lien provided for rent is expressly reserved; the security interest herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners granted is in addition and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereundersupplementary thereto.

Appears in 1 contract

Samples: Lease Agreement (Murray Income Properties Ii LTD)

LANDLORD'S LIEN. In addition to any statutory lien for rent in Landlord's favor, Landlord shall have at all times during the Term of this Lease, and Tenant hereby grants to Landlord a valid lien continuing security interest for all rents rentals and other sums of money becoming due or which may become due hereunder from Tenant, upon all goods, accounts, wares, merchandiseequipment, fixtures, furniture, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of the Tenant now or hereafter situated in or upon the Premisesat 0000 Xxxxxxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx 00000, and such ------------------------------------------------ property shall not be removed therefrom except in accordance with the terms of this Lease without the approval and consent of Landlord until all arrearages in rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged discharged. In the event any of the foregoing described property is removed from the Premises in fullviolation of the covenant in the preceding sentence, the security interest shall continue in such property and all proceeds and products, regardless of locations. Upon the occurrence of any Event of Default a default hereunder by Tenant, Landlord may, Tenant in addition to any all other rights and remedies, Landlord shall have all rights and remedies provided herein or by lawunder the Uniform Commercial Code, enter upon including without limitation, the Premises and take possession of any and all goods, wares, merchandise, books and records, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant situated in or upon or with respect right to the Premises without liability for trespass or conversion, and sell the same property described in this Paragraph at public or private sale, with or without having such property appraised, at which Landlord or its assigns may purchase any of the same and apply the proceeds thereof, less any and all expenses connected with the taking of possession and sale, as a credit against any sums due sale upon five (5) days notice by Tenant, and Tenant agrees to pay any deficiency forthwith. If Landlord takes possession and control of the Premises and operates the same, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary theretoLandlord. Tenant hereby agrees to execute such other instruments, necessary or desirable under applicable law to perfect the security interest hereby created. Landlord and deliver to Landlord from time to time during the Term Tenant agree that this Lease and security agreement serves as a financing statement and that a copy, photographic or other reproduction of this portion of this Lease such Financing Statements as may be required filed of record by Landlord and have the same force and effect as the original. This security agreement and financing statement also covers fixtures located at the Premises subject to this Lease and legally described in order to perfect the Landlord's lien provided Exhibit "A" attached hereto and incorporated herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners reference and any such distributions shall be considered and deemed is to be fraudulent and preferential and subordinate to Landlord's claim filed for Rent and other sums hereunder.record in the real estate records. EXECUTED BY LANDLORD, this 16th day of November, 1998. ---- -------- ADDRESS: LANDLORD:

Appears in 1 contract

Samples: Lease Agreement (Carrier Access Corp)

LANDLORD'S LIEN. In addition to all other remedies, Landlord shall have at a lien against all times during goods, wares, equipment, fixtures, furniture, improvements and other personal property of Tenant now or hereafter located on the Term Leased Premises and all proceeds therefrom to secure payment of this Lease, a valid lien for all rents Rent and other sums of money becoming due hereunder from TenantTenant and to secure payment of any damages or loss which Landlord may suffer by reason of the breach by Tenant of any covenant, upon all goods, accounts, wares, merchandise, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant situated in agreement or upon the Premises, and condition contained herein. No such property shall not be removed therefrom except in accordance with from the terms of this Lease Leased Premises without the approval and consent of Landlord until all arrearages in rent Rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in fulland all covenants, agreements and conditions hereof have been fully complied with and performed by Tenant. Upon the occurrence of any Event of Default a default by Tenant, Landlord may, in addition to any other remedies provided herein or by lawherein, enter upon the Leased Premises and take possession of any and all goods, wares, merchandiseequipment, books and records, inventoryfixtures, furniture, fixtures, equipment, vehicles improvement and other personal property and effects of Tenant situated in or upon or with respect to on the Premises Leased Premises, without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property appraisedat the sale, after giving Tenant reasonable notice of the time and place of any public sale or of the time after which any private sale is to be made, at which sale Landlord or its assigns may purchase unless otherwise prohibited by law. Unless otherwise provided by law, and without intending to exclude any other manner of giving Tenant reasonable notice, the requirement of reasonable notice shall be met if such notice is given in the manner prescribed in Section 29 of this Lease ten (10) days before the time of sale. Any sale made pursuant to the provision of this section shall be deemed to have been a public sale conducted in a commercially reasonable manner if held in the above-described Leased Premises or where the property is located after the time, place, and method of sale and a general description of the same and apply types of property to be sold have been advertised in a daily newspaper published in the city or county in which the Leased Premises are located for five (5) consecutive days before the date of sale. The proceeds thereoffrom any such disposition, less any and all expenses connected with the taking of possession possession, holding and saleselling of the property (including, but not limited to, attorneys' fees and legal expenses) shall be applied as a credit against any sums due amounts owed to Landlord. Any surplus shall be paid to Tenant or as otherwise required by Tenant, and law; Tenant agrees to shall pay any deficiency deficiencies forthwith. If Landlord takes possession and control of the Premises and operates the same, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord in order to perfect the Landlord's lien provided herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereunder.

Appears in 1 contract

Samples: Deed of Lease Agreement (First Montauk Financial Corp)

LANDLORD'S LIEN. In addition to the statutory landlord's --------------- lien, Landlord shall have at all times during the Term of this Lease, a valid lien for security interest to secure payment of all rents rentals and other sums of money becoming due hereunder from Tenant, and to secure payment of any damage or loss which Landlord may suffer by reason of the breach by Tenant of any covenant, agreement or condition contained herein, upon all goods, accounts, wares, merchandise, inventory, furniture, fixtures, equipment, vehicles fixtures furniture, improvements and other personal property and effects of Tenant presently or which may hereafter be situated in or upon the PremisesPremises and all proceeds therefrom, and such property shall not be removed therefrom except in accordance with the terms of this Lease without the approval and consent of Landlord until all arrearages in rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in fulland all the covenants, agreements and conditions hereof have been fully complied with and performed by Xxxxxx. Upon the occurrence of any Event an event of Default default by Tenant, Landlord may, in addition to any other remedies provided herein or by lawherein, enter upon the Premises and take possession of any and all goods, wares, merchandiseequipment, books and records, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant situated in or upon or with respect to the Premises Premises, without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property appraisedat the sale, after giving Tenant reasonable notice of the time and place of any public sale or of the time after which any private sale is to be made, at which sale(s) Landlord or its assigns may purchase unless otherwise prohibited by law. Unless otherwise provided by law, and without intending to exclude any other manner of giving Tenant reasonable notice, the same and apply requirement of reasonable notice shall be met if such notice is given at least five (5) days before the time of sale. Such notice shall be deemed to be delivered if personally delivered or when deposited in the United States mail, postage prepaid, certified or registered mail (with or without return receipt requested), addressed to the parties hereto at the addresses as shown herein, whether or not actually received. The proceeds thereoffrom any such disposition, less any and all expenses connected with the taking of possession possession, holding and saleselling of the property (including reasonable attorneys' fees and other expenses), shall be applied as a credit against any sums due the indebtedness secured by Tenant, the security interest granted in this paragraph. Any surplus shall be paid to Tenant or as otherwise required by law; and Tenant agrees to shall pay any deficiency deficiencies forthwith. If Landlord takes possession and control of the Premises and operates the sameUpon request by Xxxxxxxx, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant Xxxxxx agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord a financing statement in order form sufficient to perfect the Landlord's security interest of Landlord in the aforementioned property and proceeds thereof under the provisions of the Uniform Commercial Code in force in the State of Texas. The statutory lien provided for rent is not hereby waived, the security interest herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners granted being in addition and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereundersupplementary thereto.*

Appears in 1 contract

Samples: Office Lease (Westwood Holdings Group Inc)

LANDLORD'S LIEN. 17.1 In addition to the statutory landlord's lien, Landlord shall have at all times during the Term of this Lease, a valid lien for security interest to secure payment of all rents rentals and other sums of money becoming due hereunder from Tenant, and to secure payments of any damages or loss which Landlord may suffer by reason of the breach by Tenant of any covenant, agreement or condition contained herein, upon all goods, accounts, wares, merchandiseequipment, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant presently, or which may hereafter be, situated in or upon on the Leased Premises, and all proceeds therefrom and such property shall not be removed therefrom except in accordance with from the terms of this Lease Leased Premises without the approval and consent of Landlord until all arrearages in rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in fulland all the covenants, agreements and conditions hereof have been fully complied with and performed by Tenant. Upon the occurrence of any Event an event of Default default by Tenant, Landlord may, in addition to any other remedies provided herein or by law, enter upon the Leased Premises and take possession of any and all goods, wares, merchandiseequipment, books and records, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant situated in or upon or with respect to on the Premises Leased Premises, without liability for trespass or conversion, and an d sell the same at private or public or private sale, with or without having such property appraisedat the sale, after giving Tenant reasonable notice of the time and place of any public sale or of the time after which any private sale is to be made. Unless otherwise required by law, and without intending to exclude any other manner of giving Tenant reasonable notice, the requirement of reasonable notice to Tenant of a private or public sale shall be met if such notice is given in the manner prescribed in Article 21 of this Lease at which least ten (10) days before the time of sale, Tenant agreeing that such notice affords Tenant sufficient opportunity prior to sale to obtain a hearing if desired by Tenant. Any public sale made under this Article 17 shall be deemed to have been conducted in a commercially reasonable manner if held in the Leased Premises or where the property is located, after the time, place and method of sale and a general description of the type of property to be sold have been advertised in a daily newspaper published in Harris County, Texas, for five (5) consecutive days before the date ox xxx sale. Landlord or its assigns may purchase at a public sale, and unless prohibited by law, at a private sale. The proceeds from any of the same and apply the proceeds thereofdisposition dealt with in this Article 17, less any and all expenses connected with the taking of possession possession, holding and saleselling of the property (including reasonable attorney's fees and legal expenses), shall be applied as a credit against any sums due the indebtedness secured by Tenant, and the security interest granted in this Article 17. Any surplus shall be paid to Tenant agrees to or as otherwise required by law; Tenant shall pay any deficiency deficiencies forthwith. If Landlord takes possession and control of the Premises and operates the same, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, Rent is not hereby waived and waived, the express contractual lien security interest herein granted is being in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord in order to perfect the Landlord's lien provided herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereunder.

Appears in 1 contract

Samples: Standard Lease (Liquidmetal Technologies)

LANDLORD'S LIEN. In addition to the statutory Landlord’s lien, Landlord shall have have, at all times during the Term of this Leasetimes, and Tenant hereby grants to Landlord, a contractual Landlord’s lien and a valid lien for security interest to secure payment of all rents rentals and other sums of money becoming due hereunder from Tenant, and to secure payment loss which Landlord may suffer by reason of the breach by Tenant of any damages or covenant, agreement or condition contained herein, upon all goods, accounts, wares, merchandiseequipment, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant presently or which may hereafter be situated in or upon on the Premisespremises, and all proceeds therefrom, and such property shall not be removed therefrom except in accordance with the terms of this Lease without the approval and consent of Landlord until all arrearages in rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in fulland all the covenants, agreements and conditions hereof have been fully complied with and performed by Tenant. Upon the occurrence of any Event an event of Default default by Tenant, Landlord may, in addition to any other remedies provided herein or by lawherein, enter upon the Premises premises and take possession of any and all goods, wares, merchandiseequipment, books and records, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant situated in or upon or with respect to on the Premises premises, without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property appraisedat the sale, after giving Tenant reasonable notice of the time and place of any public sale or of the time after which any private sale is to be made, at which sale Landlord or its assigns may may, pursuant to its contractual Landlord’s lien or its security interest, purchase unless otherwise prohibited by law. Unless otherwise provided by law, and without intending to exclude any other manner of giving Tenant reasonable notice, the same and apply requirements of reasonable notice shall be met if such notice is given in the manner prescribed in Paragraph 29 of this lease at least five (5) days before the time of sale. The proceeds thereoffrom any such disposition, less any and all expenses connected with the taking of possession possession, holding and saleselling of the property (including reasonable attorney’s fees and other expenses), shall be applied as a credit against any sums due the indebtedness secured by Tenant, the security interest granted in this Paragraph 22. Any surplus shall be paid to Tenant or as otherwise required by law; and Tenant agrees to shall pay any deficiency deficiencies forthwith. If Landlord takes possession and control of the Premises and operates the sameUpon request by Landlord, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord a financing statement in order form sufficient to perfect the security interest of Landlord in the aforementioned property and proceeds thereof under the provisions of the Uniform Commercial Code in force in the State of Texas. The statutory lien for rent is not hereby waived, the contractual Landlord's ’s lien provided [illegible] the security interest herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners granted [illegible] in addition and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereundersupplementary thereto.

Appears in 1 contract

Samples: Office Building Lease Agreement (Rackspace Inc)

LANDLORD'S LIEN. In addition to the statutory Landlord’s lien, Landlord shall have at all times during the Term of this Leasetimes, a valid lien for security interest to secure payment of all rents rentals and other sums of money becoming due hereunder from Tenant, and to secure payment of any damages or loss which Landlord may suffer by reason of the breach by Tenant of any covenant, agreement or condition contained herein, upon all goods, accounts, wares, merchandiseequipment, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant presently or which may hereafter be situated in or upon on the PremisesPremises and all proceeds therefrom, and such property shall not be removed therefrom except in accordance with the terms of this Lease without the approval and consent of Landlord until all arrearages in rent rent, as well as any and all other sums of money then due or to become due to Landlord hereunder hereunder, shall first have been paid and discharged in fulland all the covenants, agreements and conditions hereof have been fully complied with and performed by Tenant. Upon the occurrence of any an Event of Default by TenantDefault, Landlord may, in addition to any other remedies provided herein or by lawherein, enter upon the Premises and take possession of any and all goods, wares, merchandiseequipment, books and records, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant situated in or upon or with respect to on the Premises Premises, without liability for trespass or conversion, and sell the same at public or private sale, with or sale without having such property appraisedat the sale, after giving Tenant reasonable notice of the time and place of any public sale or of the time after which any private sale is to be made, at which sales the Landlord or its assigns may purchase unless otherwise prohibited by law. Unless otherwise provided by law, and without intending to exclude any other manner of giving Tenant reasonable notice, the same and apply requirement of reasonable notice shall be met if such notice is given in the manner prescribed in Section 32 of this Lease at least five (5) days before the time of sale. The proceeds thereoffrom any such disposition, less any and all expenses connected with the taking of possession possession, holding and saleselling of the Property (including reasonable attorney’s fees and other expenses), shall be applied as a credit against the indebtedness secured by the security interest granted in this Section 40. Any surplus shall be paid to Tenant or as otherwise required by law; and the Tenant shall pay any deficiencies forthwith. This Lease is intended as and constitutes a security agreement within the meaning of the Uniform Commercial Code of the State of Texas, and Landlord, in addition to the rights prescribed in this Lease, shall have all of the rights, titles, liens and interests in and to Tenant’s property now or hereafter located upon the leased Premises which are granted a secured party, as that term is defined under the Uniform Commercial Code, to secure to Landlord payment of all sums due by Tenant, and Tenant agrees to pay any deficiency forthwith. If Landlord takes possession and control of the Premises and operates the same, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived under and the express contractual lien herein granted is in addition thereto and supplementary theretofull performance of all Tenant’s covenants under this Lease. Upon request by Landlord, Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord a financing statement in order form sufficient to perfect the Landlord's security interest of Landlord in the aforementioned property and proceeds thereof under the provisions of the Uniform Commercial Code in force in the State of Texas. The statutory lien provided for rent is not hereby waived, the security interest herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners granted being in addition and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereundersupplementary thereto.

Appears in 1 contract

Samples: Amendment of Lease Agreement (E2open Inc)

LANDLORD'S LIEN. In addition to any statutory lien for rent in Landlord’s favor, Landlord shall have at all times during the Term of this Leaseand Tenant hereby grants to Landlord, subject to any existing liens, a valid lien for continuing security interest, to secure payment of all rents rentals and other sums of money becoming due hereunder from TenantTenant and for the performance of all of its other obligations hereunder, upon all goods, accounts, wares, merchandise, inventory, furnitureequipment, fixtures, equipment, vehicles and other personal property and effects of Tenant furniture now or hereafter situated in or upon at the Premises, and such property shall not be removed therefrom except in accordance with the terms of this Lease without the approval and consent of Landlord until all arrearages in rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged and all other obligations of Tenant have been fully performed and discharged. In the event any of the foregoing described property is removed from the Premises in fullviolation of the covenant in the preceding sentence, the security interest shall continue in such property and all proceeds and products, regardless of location. Upon the occurrence of any an Event of Default by hereunder, or upon Tenant’s threatened breach of its obligations hereunder (including, Landlord maywithout limitation, any threatened vacation or abandonment of the Premises), in addition to any all other rights and remedies, Landlord shall have all rights and remedies provided herein or by lawunder the Uniform Commercial Code, enter upon including without limitation, the Premises and take possession of any and all goods, wares, merchandise, books and records, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant situated in or upon or with respect right to the Premises without liability for trespass or conversion, and sell the same property described in this Paragraph at public or private salesale upon five (5) days’ notice by Landlord. Tenant hereby agrees to execute such other instruments, with necessary or without having such property appraiseddesirable under applicable law, at which to perfect the security interest hereby created. Landlord and Tenant agree that this Lease and security agreement serves as a financing statement and that a copy, photographic or its assigns other reproduction of this portion of this Lease may purchase any be filed of record by Landlord and have the same force and apply effect as the proceeds thereof, less any original. This security agreement and all expenses connected financing statement also covers fixtures located at the Premises subject to this Lease and legally described in Exhibit “A” attached hereto and incorporated herein by reference and is to be filed for record in the real estate records. The record owner of this property is Landlord. Concurrently with the taking of possession and sale, as a credit against any sums due by Tenant, and Tenant agrees to pay any deficiency forthwith. If Landlord takes possession and control of the Premises and operates the sameexecution hereof, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during a financing statement in the Term of this Lease such Financing Statements form attached hereto as may be required by Landlord in order to perfect the Landlord's lien provided herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereunderExhibit “E”.

Appears in 1 contract

Samples: Lease Agreement (Thermadyne Australia Pty Ltd.)

LANDLORD'S LIEN. Tenant grants to Landlord shall have at all times during the Term of this Lease, a valid an express contractual lien for all rents on and other sums of money becoming due hereunder from Tenant, upon security interest in and to all goods, accountsequipment, waresfurnishings, merchandise, inventoryfixtures, furniture, fixtures, equipment, vehicles chattels and other tangible personal property of whatever nature owned by Tenant attached or affixed to or used in and effects of Tenant situated in or upon about the Premises, and such property shall not be removed therefrom except in accordance with Premises on the terms date of this Lease without or at any time after the approval and consent date of Landlord until all arrearages this Lease or otherwise located in rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in full. Upon the occurrence of any Event of Default by Tenant, Landlord may, in addition to any other remedies provided herein or by law, enter upon the Premises and take possession of any and all goods, wares, merchandise, books and records, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant situated in or upon or with respect relating to the Premises without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property appraised, at which Landlord or its assigns may purchase any of the same and apply the proceeds thereof, less any and all expenses connected with the taking of possession and sale, as a credit against any sums due by Tenant, and Tenant agrees to pay any deficiency forthwith. If Landlord takes possession and control 's use of the Premises and operates all renewals or replacements or substitutions for any of the sameforegoing, all building materials and equipment now or hereafter delivered to the Premises and intended to be installed in the Premises and all security deposits and advance rentals under lease agreements on the date of this Lease or at any time after the date of this Lease covering or affecting the Premises and held by or for the benefit of Tenant, and all proceeds of the foregoing (including by way of illustration, but not limitation, proceeds of any insurance which may accrue to Tenant by reason of damage or destruction of any such property). Upon Landlord's request, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time two (2) originals of a financing statement in form sufficient to time during perfect the Term security interest granted hereunder. A carbon, photographic or other reproduction of this Lease such Financing Statements as or this provision is sufficient and may be required filed as a financing statement. Landlord shall have all the rights and remedies of a secured party under the Uniform Commerce Code as adopted in the State where the Property is located and this lien and security interest may be foreclosed by Landlord in order to perfect the Landlord's lien provided herein or by state process of law. Tenant further agrees that during an Event The requirement of Default or reasonable notice prior to any sale under Article 9 of the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners and any such distributions applicable Uniform Commerce Code shall be considered and met if such notice is given in the manner prescribed herein at least ten (10) days before the day of sale. Any public sale made pursuant to the provisions of this Section shall be deemed to have been conducted in a commercially reasonable manner if held in the Premises after the time place and method of sale and a general description of the types of property to be fraudulent and preferential and subordinate sold have been advertised for ten (10) consecutive days prior to Landlord's claim for Rent and other sums hereunderthe date of sale in a daily newspaper published in the county where the Building is located.

Appears in 1 contract

Samples: Commercial Lease Agreement (Tm Century Inc)

LANDLORD'S LIEN. Landlord shall have a first lien and security --------------- interest, paramount to all others, on every right and interest, of Tenant in and to this Lease, and upon any improvements which may hereafter be placed on the Leased Premises, and on any furnishings and equipment, including fixtures or personal property of every kind thereon, which lien and security interest is granted for the purpose of securing and performance of each and every of the covenants, conditions and obligations of this Lease to be performed and observed by Tenant. Landlord shall have at all times during the Term of this Lease, a valid lien for all rents Rent and other sums of money becoming due hereunder from Tenant, upon all goods, accounts, wares, merchandise, inventory, furnitureequipment, fixtures, equipment, vehicles furniture and other personal property and effects of Tenant situated in or upon on the Leased Premises, and such property shall not be removed therefrom except in accordance with the terms of this Lease without the approval and consent of Landlord until all arrearages in rent as well as any and all other sums of money then due to Landlord hereunder Rent shall first have been paid and discharged in fulldischarged. Upon the occurrence of any an Event of Default by Tenant, Landlord may, in addition to any other remedies provided herein or by law, enter upon the Leased Premises and take possession of any and all goods, wares, merchandise, books and records, inventory, furnitureequipment, fixtures, equipment, vehicles furniture and other personal property and effects of Tenant situated in or upon or with respect to on the Leased Premises without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property appraisedat the sale, at which Landlord or its his assigns may purchase any of the same purchase, and apply the proceeds thereof, less any and all expenses connected with the taking of possession and salesale of the property, as a credit against any sums due by Tenant, Tenant and Tenant agrees to pay any deficiency forthwith. If Tenant agrees that the said lien and security interest may be enforced by distress, foreclosure or otherwise, at the election of Landlord, that Landlord takes possession and control shall have all of the Premises remedies of a secured party under the Uniform Commercial Code, and operates the same, that Tenant shall for so long as Landlord is actively operating the Premises, have no obligation execute such financing statements a shall be necessary to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by lawperfect such interest. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord in order to perfect the Landlord's lien provided herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereunder.

Appears in 1 contract

Samples: Lease Agreement (Tamboril Cigar Co)

LANDLORD'S LIEN. Landlord shall have at In addition to the statutory Landlord;s Lien an in order to secure payment of all times during the Term of this Lease, a valid lien for all rents rent and other sums of money becoming due hereunder from TenantTenant and to secure payment of any damages or loss which Landlord may suffer by reason of the breach by Tenant of any covenant, agreement or condition contained herein, Tenant hereby grants unto Landlord a security interest in and an express contractual lien upon all goods, accounts, wares, merchandiseequipment, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant presently or which may hereafter be situated on the Premises (except that part of such property as may be exchanged, replaced or sold from time to time in or upon the Premisesordinary course of Tenant's operations) and all proceeds therefrom, and such property shall not be removed therefrom except in accordance with the terms of this Lease without the approval and consent of Landlord until all arrearages in rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in fulland all covenants, agreements and conditions hereof have been fully complied with and performed by Tenant. Upon the occurrence of any an Event of Default by Tenant, Landlord may, in addition to any other remedies provided herein or by lawherein, enter upon the Premises and take possession of any and all such goods, wares, merchandiseequipment, books and records, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant situated in or upon or with respect to on the Premises Premises, without liability for trespass or conversion, conversion (and Tenant hereby waives any right to notice or hearing prior to such taking of possession by Landlord) and sell the same at public or private sale, with or without having such property appraisedat the sale, after giving Tenant reasonable notice of the time and place of any public sale or of the time after which any private sale is to be made, at which sale Landlord or its assigns may purchase unless otherwise prohibited by law. Unless otherwise provided by law, and without intending to exclude any other manner of giving Tenant reasonable notice, the requirement of reasonable notice shall be met, if such notice is given in the manner prescribed in this Lease at least five days before the day of sale. Any sale made pursuant to the provisions of this Paragraph 27 shall be deemed to have been a public sale conducted in a commercially reasonable manner if held in the Premises after the time, place and method of sale and a general description of the same and apply types of property to be sold have been advertised in a daily newspaper published in the County for five consecutive days prior to the date of sale. The proceeds thereoffrom any such disposition, less any and all expenses connected with the taking of possession possession, holding and saleselling of the property (including reasonable attorneys' fees and other expenses), shall be applied as a credit against any sums due the indebtedness which is secured by Tenant, the security interest granted in this Paragraph 27. Any surplus shall be paid to Tenant or as otherwise required by law and Tenant agrees to shall pay any deficiency forthwith. If Landlord takes possession and control of the Premises and operates the sameupon request by Landlord, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord a financing statement in order form sufficient to perfect the Landlord's lien provided herein or by state law. Tenant further agrees that during an Event security interest of Default or Landlord in the pendency of any event or circumstance which, aforementioned property and proceeds thereof in accordance with the passage provisions of time may become an Event of Defaultthe applicable laws in force in the State. Any statutory lien for rent is not hereby waived, Tenant shall not make any distributions to its shareholders, partners, members or other owners the security interest herein granted being in addition and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereundersupplementary thereto.

Appears in 1 contract

Samples: Retail Lease (Colecciones De Raquel Inc)

LANDLORD'S LIEN. Landlord shall have at all times during the Term of this LeaseAgreement, a valid lien for all rents and other sums of money becoming due hereunder from Tenant, upon all goods, accounts, wares, merchandise, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant situated in or upon the PremisesLeased Property, including Tenant’s Personal Property and any interest of Tenant in P&E Replacements, and such property shall not be removed therefrom except in accordance with the terms of this Lease Agreement without the approval and consent of Landlord until all arrearages in rent Rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in full. Upon the occurrence of any Event of Default by Tenant, Landlord may, in addition to any other remedies provided herein or by law, enter upon the Premises and take possession of any and all goods, wares, merchandise, books and records, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant situated in or upon or with respect to the Premises without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property appraised, at which Landlord or its assigns may purchase any of the same and apply the proceeds thereof, less any and all expenses connected with the taking of possession and sale, as a credit against any sums due by Tenant, and Tenant agrees to pay any deficiency forthwith. If Landlord takes possession and control of the Premises and operates the same, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rentRent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease Agreement such Financing Statements as may be required by Landlord in order to perfect the Landlord's ’s lien provided herein or granted or created by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions Distributions to its shareholders, partners, members or other owners and any such distributions Distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's ’s claim for Rent and other sums hereunder.

Appears in 1 contract

Samples: Lease Agreement (Sentio Healthcare Properties Inc)

LANDLORD'S LIEN. In addition to any statutory Landlord's Lien, Landlord shall have have, at all times during the Term of this Leasetimes, a valid lien for security interest to secure payment of all rents Minimum Annual Rental, Additional Rent, and other sums of money becoming due hereunder from Tenant, and to secure payment of any damages or loss which Landlord may suffer by reason of the breach by Tenant of any covenant, agreement or condition contained herein, upon all goods, accounts, wares, merchandiseequipment, inventoryfixtures, furniture, fixturestypes, equipment, vehicles improvements and other personal property and effects of Tenant presently or which may hereinafter be situated in or upon the Demised Premises, and all proceeds therefrom, and such property shall not be removed therefrom except in accordance with the terms of this Lease without the approval and consent of Landlord until all arrearages in rent as well as any Minimum Annual Rental, Additional Rent, and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in fulland all of the covenants, agreements, and conditions hereof have been fully complied with and performed by Tenant. Upon In consideration of this Lxxxx, upon the occurrence of any Event event of Default default by Tenant, Landlord may, in addition to any other remedies provided herein or by lawherein, enter upon the Demised Premises and take possession of any and all goods, wares, merchandiseequipment, books and records, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant situated on or in or upon or with respect to the Premises Demised Premises, without liability for trespass or conversionconversation, and sell the same at public or private sale, with or without having such property appraisedat the sale, after giving Tenant reasonable notice of the time and place or any public sale or of the time after which any private sale is to be made, at which sale the Landlord or its assigns may purchase the above described Property unless otherwise prohibited by law. Unless otherwise provided by law, and without intending to exclude any other manner of giving Tenant reasonable notice, the same and apply requirement of reasonable notice shall be met if such notice is given in the manner prescribed in Paragraph 20 of this Lease at least five (5) days before the time of sale. The proceeds thereoffrom any such disposition, less any and all expenses connected with the taking of possession and sale, selling of the property (including reasonable attorney's fees and other expenses) shall be applied as a credit against any sums due the indebtedness secured by Tenantthe security interest granted in this Paragraph 29. Any surplus shall be paid to Tenant or as otherwise required by law, and Tenant agrees to shall pay any deficiency forthwithdeficiencies upon demand. If Landlord takes possession and control of the Premises and operates the sameUpon request by Landlord, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to xxx xxxivxx xx Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord a financing statement in order form sufficient to perfect the Landlord's security interest of Landlord in the aforementioned property and proceeds thereof under the provisions of the Uniform Commercial Code in force in the state of Florida. Any statutory lien provided herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent is not hereby waived, the security interest herein granted being in addition and other sums hereundersupplementary thereto.

Appears in 1 contract

Samples: Office Lease (National Auto Finance Co Inc)

LANDLORD'S LIEN. In addition to any statutory lien for rent in Landlord’s favor, Landlord shall have at all times during the Term of this Leasehave, and Tenant hereby grants to Landlord, a valid lien continuing security interest for all rents rentals and other sums of money becoming due hereunder from Tenant, upon all goods, accounts, wares, merchandise, inventory, furnitureequipment, fixtures, equipmentfurniture inventory, vehicles accounts, contract rights, chattel paper and other personal property and effects of Tenant situated in or upon on the Premises, and such property property, shall not be removed therefrom except in accordance with the terms of this Lease without the approval and consent of Landlord until all arrearages arrearage in rent rent, as well as any and all other sums of money then due to Landlord hereunder hereunder, shall first have been paid and discharged in fulldischarged. Upon In the occurrence event of any Event of Default by Tenanta default under this Lease, Landlord mayshall have, in addition to any other remedies provided herein or by law, enter upon all rights and remedies under the Premises and take possession of any and all goodsUniform Commercial Code, wares, merchandise, books and records, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant situated in or upon or with respect including without limitation the right to the Premises without liability for trespass or conversion, and sell the same Property described in this Paragraph 21 at public or private sale, with or without having such property appraised, at which Landlord or its assigns may purchase any of sale upon five (5) days notice to Tenant. Notwithstanding the same and apply the proceeds thereof, less any and all expenses connected with the taking of possession and sale, as a credit against any sums due by Tenant, and Tenant agrees to pay any deficiency forthwith. If Landlord takes possession and control of the Premises and operates the sameforegoing, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate execute any financing statements or other instruments necessary or desirable in Landlord’s discretion to perfect the Premisessecurity interest hereby created. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The Any statutory lien for rent, if any, rent is not hereby waived and waived, the express contractual lien herein granted is being in addition thereto and supplementary thereto. Tenant agrees to execute Contemporaneously with its execution and deliver to Landlord from time to time during the Term delivery of this Lease such Financing Statements Lease, Landlord has executed and delivered to Tenant at least two (2) multiple original counterparts of that certain Landlord’s Subordination, Waiver and Consent in the form attached hereto as may be required by Landlord in order to perfect the Landlord's lien Exhibit “H”. Upon Tenant’s written request and provided herein or by state law. Tenant further agrees that during an no Event of Default has occurred and is continuing and no event which with the giving of notice or the pendency of any event or circumstance which, with the passage of time may become time, or both, would constitute an Event of Default, Tenant shall not make any distributions Landlord will waive its statutory landlord’s lien and the security interest and other rights granted to its shareholdersLandlord in this Paragraph to the security interest of Tenant’s supplier(s) or unaffiliated third-party financial source(s) by the execution of a waiver agreement in form and content approved in writing by Landlord provided that, partners, members or other owners and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate (i) prior to Landlord's claim ’s execution and delivery of the applicable waiver agreement, Tenant has reimbursed Landlord for Rent all costs and other sums hereunderexpenses incurred by Landlord in connection therewith, and (ii) such waiver agreement is only effective during such time as such security interest is valid and in effect.

Appears in 1 contract

Samples: Lease Agreement (Aquilex Corp)

LANDLORD'S LIEN. In addition to any statutory Landlord's lien, Landlord shall have at all times during the Term a valid security interest to secure monetary obligations due from Lessee and to secure payment of any damages or loss that may be caused by Lessee's breach of this Lease, a valid lien for all rents and other sums of money becoming due hereunder from Tenant, Agreement upon all Lessee's goods, accountsequipment, wares, merchandise, inventoryfixtures, furniture, fixtures, equipment, vehicles and other personal property presently, or which may hereafter be situated on or in the premises and effects of Tenant situated in or upon the Premises, and all proceeds therefrom. All such property shall not be removed therefrom except in accordance with from the terms of this Lease premises without the approval and consent of Landlord the Lessor until all arrearages in rent as well as any due Lessor are paid or discharged and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in fullobligations under the Lease fully performed by Lessee. Upon the occurrence of any Event an event of Default default by TenantLessee, Landlord mayLessor, in addition to any other remedies provided herein or by law, under the South Carolina Uniform Commercial Code may enter upon the Premises premises and take possession of any and all goods, wares, merchandise, books and records, inventory, furnitureequipment, fixtures, equipment, vehicles furniture and other personal property and effects of Tenant situated in or upon or with respect to on the Premises premises, without liability for trespass or conversion, conversion and sell the same at a public or private sale, with or without having such property appraisedat the sale, after giving Lessee reasonable notice of the time and place of the public sale or of the time afterwhich any private sale is to be made, at which Landlord sale the Lessor or its assigns may purchase the property, unless otherwise prohibited by law. Unless otherwise provided by law, and without intending to exclude any other manner of giving reasonable notice, the requirement of reasonable notice shall be met if such notice is given in the manner prescribed in this lease at least 10 days before the time of sale. Any sales made pursuant to this paragraph shall be deemed to have been a public sale conducted in a commercially reasonable manner if held in the premises or wherever the property is located after time, place and method of sale and a description of the same and apply types of property to be sold have been advertised in a daily newspaper published in the proceeds thereofCounty of the premises for five consecutive days before the date of the sale. Proceeds from any such sale, less any and all expenses connected with the taking of possession possession, holding and sale, selling of the property including reasonable attorney's fees and expenses shall be applied as a credit against to the indebtedness secured by the security interest granted in this paragraph. Any surplus shall be paid to Lessee, unless otherwise required by law and the Lessee shall pay any sums due deficiencies forthwith. Upon request by TenantLessor, and Tenant Lessee agrees to pay any deficiency forthwith. If Landlord takes possession execute and control deliver Lessor a UCC financing statement in form sufficient to perfect the security interest of Lessor in the aforementioned property and proceeds thereof under provisions of the Premises and operates the same, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by lawSouth Carolina Uniform Commercial Code. The statutory lien for rent, if any, rent is not hereby waived and waived, the express contractual lien security interest herein granted is being in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord in order to perfect the Landlord's lien provided herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereunder.

Appears in 1 contract

Samples: Sublease Agreement (Extended Stay America Inc)

LANDLORD'S LIEN. In addition to any statutory Landlord's lien, Landlord shall have have, at all times during the Term of this Leasetimes, and Tenant hereby grants to Landlord, a valid lien for security interest to secure payment of all rents rentals and other sums of money becoming due hereunder from Tenant, and to secure payment of any damages or loss which Landlord may suffer by reason of the breach by Tenant of any covenant, agreement or condition contained herein, upon all goods, accounts, wares, merchandiseequipment, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects ("Personal Property") of Tenant presently or which may hereafter be situated in or upon on the Premises, and all proceeds therefrom; and such property Personal Property shall not be removed therefrom except in accordance with the terms of this Lease without the approval and consent of Landlord until all arrearages in rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in fulland all the covenants, agreements and conditions hereof have been fully complied with and performed by Tenant. Upon the occurrence of any Event of Default by TenantDefault, Landlord may, in addition to any other remedies provided herein or by lawherein, enter upon the Premises and take possession of any and all goods, wares, merchandise, books and records, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects Personal Property of Tenant situated in or upon or with respect to on the Premises Premises, without liability for trespass or conversion, and sell the same at public or private sale, with . Any surplus shall be paid to Tenant or without having such property appraised, at which Landlord or its assigns may purchase any of the same and apply the proceeds thereof, less any and all expenses connected with the taking of possession and sale, as a credit against any sums due otherwise required by Tenant, law; and Tenant agrees to shall pay any deficiency deficiencies therein to Landlord forthwith. If Landlord takes possession and control of the Premises and operates the sameUpon request by Landlord, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord a financing statement in order form sufficient to perfect the security interest of Landlord in the aforementioned property and proceeds thereof under the provisions of the Uniform Commercial Code in force in the jurisdiction in which the Building is located. Notwithstanding anything in this Section 24 to the contrary, and subject to the conditions contained herein, Landlord agrees at Tenant's written request to subordinate Landlord's lien provided herein or by state law. Tenant further agrees that during an Event of Default or in Tenant's Personal Property (except for Landlord's Superior Lien Amount, as hereinafter defined) to the pendency lien of any event or circumstance whichbona fide financial lending institution ("Lender"), which Lender requires a security interest in Tenant's Personal Property as a condition of making a loan to Tenant in connection with the passage operation of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to LandlordTenant's claim for Rent and other sums hereunder.business. The term "

Appears in 1 contract

Samples: Lease Agreement (Argosy Education Group Inc)

LANDLORD'S LIEN. (a) Tenant hereby grants to Landlord shall have at a security interest to secure payment of all times during the Term of this Lease, a valid lien for all rents rent and other sums of money becoming coming due hereunder from Tenant, and to secure payment of any damages or loss which Landlord may suffer by reason of the breach by Tenant of any covenant, agreement, or condition contained herein, upon all goodsequipment, accounts, wares, merchandise, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant presently or which may hereafter be situated in or upon on the Leased Premises, and such all proceeds therefrom. Such property shall not be removed therefrom except in accordance with from the terms of this Lease Leased Premises at any time without the approval and consent of the Landlord until all arrearages in rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in full. Upon discharged, and all the occurrence of any Event of Default covenants, agreements, and conditions hereof have been fulfilled and performed by Tenant, Landlord may, in . In addition to any other remedies provided herein or by lawherein, in the event of default, Landlord may enter upon the Leased Premises and take possession of any and all goodsequipment, wares, merchandise, books and records, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant situated in or upon or with respect to the Leased Premises without liability for trespass or conversion, and . Landlord may sell the same at a public or private sale, with or without having such property appraisedat the sale, at which after giving Tenant reasonable notice as to the time and place of the sale. At such sale, Landlord or its assigns may purchase any the Property unless such purchase is otherwise prohibited by law. Unless otherwise provided by law, the requirement of reasonable notice shall be met if such notice is given to Tenant at the address hereafter prescribed at least fifteen (15) days prior to the time of the same and apply the sale. The proceeds thereofof any such disposition, less any and all expenses connected with the taking of possession and salesale of the property, including a reasonable attorney's fee, shall be applied as a credit against any sums due the indebtedness secured by Tenant, the security interest granted in this paragraph. Any surplus shall be paid to Tenant and Tenant agrees to shall pay any deficiency forthwithdeficiencies upon demand. If Upon request by Landlord, Tenant will execute and deliver to Landlord takes possession and control a financing statement in a form sufficient to perfect the security interest of the Premises and operates the same, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner aforementioned property and form provided by law for foreclosure the proceeds thereof under the provision of security interests or the uniform commercial code in any other manner and form provided by lawforce in the State of Texas. The statutory lien for rent, if any, rent is not hereby waived and waived; the express contractual lien security interest herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord in order to perfect the Landlord's lien provided herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereunder.

Appears in 1 contract

Samples: Lease Agreement (Westech Capital Corp)

LANDLORD'S LIEN. Landlord shall have have, at all times during the Term of this Leasetimes, a valid lien for security interest to secure payment of all rents Rent, Additional Rent and other sums of money becoming due hereunder from Tenant, and to secure payment of any damages or loss which Landlord may suffer by reason of the breach by Tenant of any covenant, agreement or condition contained herein, upon all goods, accounts, wares, merchandiseequipment, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant presently or which may hereinafter be situated in or upon the Premises, and all proceeds therefrom, and such property shall not be removed therefrom except in accordance with the terms of this Lease without the approval and consent of Landlord until all arrearages in rent Rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in fulland all the covenants, agreements and conditions hereof have been fully compiled with and performed by Tenant. Upon In consideration of this Lease, upon the occurrence of any Event an event of Default default by Tenant, Landlord may, in addition to any other remedies provided herein or by lawherein, enter upon the Premises Premises, and take possession of any and all goods, wares, merchandiseequipment, books and records, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant situated on or in or upon or with respect to the Premises Premises, without liability for trespass or conversion, and sell the same at public or and private sale, with or without having such property appraisedat the sale, after giving Tenant reasonable notice of the time and place of any public sale or at the time after which any private sale is to be made, at which sale the Landlord or its assigns may purchase unless otherwise prohibited by law. Unless otherwise provided by law, and without intending to exclude any other manner of giving Tenant reasonable notice, the same and apply requirement of reasonable notice shall be met if such notice is given in the manner prescribed in Paragraph 39 of this Lease at least five (5) days before the time of sale. The proceeds thereoffrom any such disposition, less any and all expenses connected with the taking of possession possession, holding and saleselling of the property (including reasonable attorney's fees and other expenses), shall be applied as a credit against any sums due the indebtedness secured by Tenantthe security interest granted in this Paragraph 23. And surplus shall be paid to Tenant or, as otherwise required by law, and Tenant agrees to shall pay any deficiency deficiencies forthwith. If Landlord takes possession and control of the Premises and operates the sameUpon request by Landlord, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord a financing statement in order form sufficient to perfect the Landlord's lien provided herein or by state law. Tenant further agrees that during an Event security interest of Default or Landlord in the pendency aforementioned property and proceeds thereof under the provisions of any event or circumstance which, with the passage Uniform Commercial Code in force in the State of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereunderFlorida.

Appears in 1 contract

Samples: Bf Enterprises Inc

LANDLORD'S LIEN. In addition to any statutory lien for rent in Landlord's favor, Landlord shall have at and Tenant hereby grants to Landlord a continuing security interest in all times during the Term of this Lease, a valid lien for all rents rentals and other sums of money becoming which may become due hereunder under this Lease from Tenant, upon all goods, accountsequipment, waresfixtures, merchandisefurniture, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant now or hereafter situated at, on or within the real property described in or upon the PremisesEXHIBIT "A" attached hereto and incorporated herein by reference, and such property shall not be removed therefrom without the consent of Landlord, except in accordance with the terms ordinary course of this Lease without Tenant's business. In the approval and consent event any of Landlord until all arrearages the foregoing described property is removed from the Premises in rent as well as any violation of the covenant in the preceding sentence, the security interest shall continue in such property and all other sums proceeds and products, regardless of money then due to Landlord hereunder shall first have been paid and discharged in fulllocation. Upon the occurrence of any an Event of Default hereunder by Tenant, Landlord may, in addition to any all of Landlord's other rights and remedies, Landlord shall have all rights and remedies provided herein or by lawunder the Uniform Commercial Code, enter upon including without limitation the Premises and take possession of any and all goods, wares, merchandise, books and records, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant situated in or upon or with respect right to the Premises without liability for trespass or conversion, and sell the same property described in this paragraph at public or private salesale at any time after ten (10) days' prior notice by Landlord. Tenant hereby agrees to execute such other instruments deemed by Landlord as necessary or desirable under applicable law to perfect more fully the security interest hereby created. Landlord and Tenant agree that this Lease and security agreement and EXHIBIT "A" attached hereto serves as a financing statement and that a copy, with photograph or without having such property appraised, at which other reproduction of this portion of this Lease may be filed of record by Landlord or its assigns may purchase any of and have the same force and apply effect as the proceeds thereoforiginal. This security agreement and financing statement also covers fixtures located at the Premises subject to this Lease and legally described in EXHIBIT "A" attached hereto, less any and all expenses connected rents or other consideration received by or on behalf of Tenant in connection with the taking any assignment of possession and sale, as a credit against Tenant's interest in this Lease or any sums due by Tenant, and Tenant agrees to pay any deficiency forthwith. If Landlord takes possession and control sublease of the Premises and operates the sameor any part thereof, Tenant shall and, therefore, may also be filed for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed record in the manner appropriate real estate records. Within fifteen (15) days after request from Tenant, Landlord shall execute a subordination agreement in favor of Tenant's lender with respect to any liens arising in favor of Landlord against Tenant's fixtures and personal property. Such subordination agreement shall substantially be in the form as shown attached in EXHIBIT "H," provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord in order to perfect the Landlordthat Tenant's lien provided herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners and any such distributions lender shall be considered and deemed permitted to be fraudulent and preferential and subordinate negotiate reasonable changes to Landlord's claim for Rent and other sums hereundersuch form.

Appears in 1 contract

Samples: Lease Agreement (Photon Dynamics Inc)

LANDLORD'S LIEN. Landlord shall have at a Landlord's statutory lien, and in addition thereto, Landlord shall have, and Tenant hereby grants unto Landlord a security interest, in all times during of the Term of this Lease, a valid lien for all rents and other sums of money becoming due hereunder from Tenant, upon all goods, accounts, wares, merchandise, inventory, furniture, fixtures, office equipment, vehicles supplies and other property of Tenant now or hereafter placed in, upon, or about the Premises and all proceeds thereof, as security for all of the obligations of Tenant under this Lease. Tenant shall not remove any of said personal property and effects from the Premises until all of Tenant situated in or upon the Premises, and such property shall not be removed therefrom except in accordance with the terms of Tenant's obligations under this Lease without the approval and consent of Landlord until all arrearages in rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged satisfied in full. Upon the occurrence of any Event an event of Default default by TenantTenant as set forth in this Lease, Landlord may, to the extent permitted by applicable law, in addition to any other remedies provided herein or by law, enter upon the Premises and take possession of any and all goods, wares, merchandiseequipment, books and records, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant situated in or upon or with respect to on the Premises Premises, without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property appraisedat the sale, after giving Tenant reasonable notice of the time and place of any public sale or the time after which any private sale is to be made; and at which any such sale the Landlord or its assigns may purchase any of the same and apply the Tenant's personal property unless prohibited by law. The proceeds thereofof any such disposition, less any and all expenses connected with the taking of possession possession, holding and saleselling of the property (including attorneys' fees and other expenses), shall be applied as a credit against any sums due the indebtedness secured by Tenant, the security interest granted in this section. Any surplus shall be paid to Tenant or as otherwise required by law and Tenant agrees to shall pay any deficiency forthwithdeficiencies forthwith to Landlord. If Landlord takes possession and control of the Premises and operates the sameUpon request by Landlord, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord a financing statement in order form sufficient to perfect the security interest of Landlord in the aforementioned property and proceeds thereof under the relevant provisions of the Uniform Commercial Code, as adopted by the jurisdiction in which the Premises are situated. Upon request by Landlord's lien provided herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make provide the name and address of any distributions entity that has, or claims to its shareholdershave, partnersan interest (including, members or without limitation, a security interest in any property located on the Premises and a description of such property). Failure to provide such a list shall result in a presumption that all property located in the Premises belongs to Tenant :free from all claims. Without intending to execute any other owners and manner of giving Tenant any such distributions required notice, any requirement of reasonable notice to Tenant of Landlord's intention to dispose of any collateral pursuant to the enforcement of said security interest shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim made if such notice is given in the manner prescribed by this Lease for Rent and other sums hereundernotices.

Appears in 1 contract

Samples: Center Lease (Southern Concepts Restaurant Group, Inc.)

LANDLORD'S LIEN. In addition to any applicable common law or statutory lien, none of which are to be deemed waived by Landlord, Landlord shall have have, at all times during the Term of this Leasetimes, and Tenant has or shall hereby grant to Landlord, a valid lien for and security interest to secure payment of all rents rentals and other sums of money becoming due hereunder from Tenant, and to secure payment of any damages or loss which Landlord may suffer by reason of the breach by Tenant of any covenant, agreement or condition contained herein, upon all goods, accounts, wares, merchandiseequipment, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant which may hereafter be situated in or upon on the Premises, and all proceeds therefrom, and such property shall not be removed therefrom except in accordance with the terms of this Lease without the approval and consent of Landlord until all arrearages arrearage in rent Rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in fulland all the covenants, agreements and conditions hereof have been fully complied with and performed by Tenant. Landlord covenants and agrees to subordinate the lien granted hereunder to any commercial lender which Tenant grants a security interest. Upon the occurrence of any an Event of Default by Tenant, but subject to Tenant's lender rights, if any, after the expiration of all stated notice and cure periods, Landlord may, in addition to any other remedies provided herein or by lawherein, peaceably enter upon the Premises and take possession of any and all goods, wares, merchandiseequipment, books and records, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant situated in or upon or with respect to on the Premises Premises, without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property appraisedat the sale, after giving Tenant reasonable notice of time and place of any public sale or of the time after which any private sale is to be made, at which sale Landlord or its assigns may purchase unless otherwise prohibited by law. Unless otherwise provided by law, and without intending to exclude any other manner of giving Tenant reasonable notice, the same and apply requirement of reasonable notice shall be met if such notice is given in the manner prescribed in Article 28 of this Lease at least five (5) days before the time of sale. The proceeds thereoffrom any such disposition, less any and all expenses connected with the taking of possession possession, holding and saleselling of the property (including reasonable attorney's fees and other expenses), shall be applied as a credit against any sums due the indebtedness secured by Tenant, the security interest granted in this Article 23. Any surplus shall be paid to Tenant or as otherwise required by law; and Tenant agrees to shall pay any deficiency deficiencies forthwith. If Landlord takes possession and control of the Premises and operates the sameUpon request by Landlord, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord a financing statement in form sufficient to perfect the security interest of Landlord in the aforementioned property and proceeds thereof under the provisions of the Uniform Commercial Code in force in the Commonwealth of Pennsylvania. Notwithstanding the foregoing, the parties acknowledge and agree that Tenant's lender may have superior rights to the property noted herein. Tenant shall use its reasonable efforts to obtain, within forty-five (45) days of the date hereof, a waiver of all such rights from its lender in this regard, and, failing to obtain such waiver, that Tenant shall use its best efforts to obtain from such lender, the right to grant a subordinated lien to Landlord in such goods, second only to the lien of such lender. Provided no Event of Default shall exist and remain uncured, Landlord agrees to execute from time to time during the Term of this Lease such Financing Statements as may be required by Landlord in order to perfect the time, on Landlord's lien provided herein standard form, a Landlord's Waiver of Liens in conjunction with the financing of Tenant's trade fixtures, machinery or by state lawequipment. Tenant further agrees that during an For so long as no Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Defaultshall exist and remain uncured, Tenant shall not make have the right to remove and/or replace any distributions trade fixtures, machinery and/or equipment owned or leased by Tenant; provided that Tenant shall promptly repair and restore any and all damage to its shareholdersthe Premises or the Building sustained or incurred in connection with the installation, partners, members moving or other owners and any removal of such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereunderitems.

Appears in 1 contract

Samples: Ict Group Inc

LANDLORD'S LIEN. In addition to any statutory Landlord's Lien, Landlord shall have have, at all times during the Term of this Leasetimes, a valid lien for security interest to secure payment of all rents Minimum Annual Rental, Additional Rent, and other sums of money becoming due hereunder from Tenant, and to secure payment of any damages or loss which Landlord may suffer by reason of the breach by Tenant of any covenant, agreement or condition contained herein, upon all goods, accounts, wares, merchandiseequipment, inventoryfixtures, furniture, fixturestypes, equipment, vehicles improvements and other personal property and effects of Tenant presently or which may hereinafter be situated in or upon the Demised Premises, and all proceeds therefrom, and such property shall not be removed therefrom except in accordance with the terms of this Lease without the approval and consent of Landlord until all arrearages in rent as well as any Minimum Annual Rental, Additional Rent, and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in fulland all of the covenants, agreements, and conditions hereof have been fully complied with and performed by Tenant. Upon In consideration of this Lxxxx, upon the occurrence of any Event event of Default default by Tenant, Landlord may, in addition to any other remedies provided herein or by lawherein, enter upon the Demised Premises and take possession of any and all goods, wares, merchandiseequipment, books and records, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant situated on or in or upon or with respect to the Premises Demised Premises, without liability for trespass or conversionconversation, and sell the same at public or private sale, with or without having such property appraisedat the sale, after giving Tenant reasonable notice of the time and place of any public sale or of the time after which any private sale is to be made, at which sale the Landlord or its assigns may purchase the above described Property unless otherwise prohibited by law. Unless otherwise provided by law, and without intending to exclude any other manner of giving Tenant reasonable notice, the same and apply requirement of reasonable notice shall be met if such notice is given in the manner prescribed in Paragraph 20 of this Lease at least five (5) days before the time of sale. The proceeds thereoffrom any such disposition, less any and all expenses connected with the taking of possession and sale, selling of the property (including reasonable attorneys fees and other expenses) shall be applied as a credit against any sums due the indebtedness secured by Tenantthe security interest granted in this Paragraph 29. Any surplus shall be paid to Tenant or as otherwise required by law, and Tenant agrees to shall pay any deficiency forthwithdeficiencies upon demand. If Landlord takes possession and control of the Premises and operates the sameUpon request by Landlord, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to xxx xxxivxx xx Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord a financing statement in order form sufficient to perfect the Landlord's security interest of Landlord in the aforementioned property and proceeds thereof under the provisions of the Uniform Commercial Code in force in the State of Florida. Any statutory lien provided herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent is not hereby waived, the security interest herein granted being in addition and other sums hereundersupplementary thereto.

Appears in 1 contract

Samples: Office Lease (National Auto Finance Co Inc)

LANDLORD'S LIEN. Tenant grants to Landlord an express contract lien on and security interest in and to all goods, equipment, furnishings, fixtures, furniture, chattels and personal property of whatever nature owned by Tenant attached or affixed to or used in and about the Premises on the date of this Lease or at any time after the date of this Lease or otherwise located in the Premises and all renewals or replacements or substitutions for any of the foregoing, all building materials and equipment now or hereafter delivered to the Premises and intended to be installed in the Premises and all proceeds of the foregoing (including by way of illustration, but not limitation, proceeds of any insurance which may accrue to Tenant by reason of damage or destruction of any such property). A photographic or other reproduction of this Lease is sufficient and may be filed as a financing statement. Landlord shall have all the rights and remedies of a secured party under the Texas Business and Commerce Code and this lien and security interest may be foreclosed by process of law. The requirement of reasonable notice prior to any sale under Article 9 of the Texas Business and Commerce Code shall be met if such notice is given in the manner prescribed herein at all times during least ten (10) days before the Term day of sale. Any sale made pursuant to the provisions of this Lease, a valid lien for all rents and other sums of money becoming due hereunder from Tenant, upon all goods, accounts, wares, merchandise, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant situated in or upon the Premises, and such property Section shall not be removed therefrom except in accordance with the terms of this Lease without the approval and consent of Landlord until all arrearages in rent as well as any and all other sums of money then due deemed to Landlord hereunder shall first have been paid a public sale conducted in a commercially reasonable manner if held in the Premises after the time, place and discharged method of sale and a general description of the types of property to be sold have been advertised for ten (10) consecutive days prior to the date of sale in fulla daily newspaper published in the county in Texas where the Building is located. Upon Landlord acknowledges that most, if not all, of Tenant’s current equipment is financed and that most, if not all of Tenant’s future equipment to be placed in the occurrence of any Event of Default by Tenant, Premises will be purchased with financing. Landlord may, hereby subordinates its lien granted in addition this Section to any other remedies provided herein or by law, enter upon the Premises current liens and take possession of agrees to subordinate such lien to any and all goods, wares, merchandise, books and records, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant situated in or upon or future lien with respect to the Premises without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property appraised, at which Landlord or its assigns may a loan to purchase any of the same and apply the proceeds thereof, less any and all expenses connected with the taking of possession and sale, as a credit against any sums due by Tenant, and Tenant agrees additional equipment to pay any deficiency forthwith. If Landlord takes possession and control of the Premises and operates the same, Tenant shall for so long as Landlord is actively operating be located in the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord in order to perfect the Landlord's lien provided herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereunder.

Appears in 1 contract

Samples: Office Lease Agreement (Medidata Solutions, Inc.)

LANDLORD'S LIEN. In addition to any statutory lien for Rent in Landlord's favor, Landlord shall have at all times during the Term of this Lease, and Tenant hereby grants to Landlord a valid lien continuing security interest for all rents Rent and other sums of money becoming due hereunder from Tenant, upon all goods, accounts, wares, merchandiseequipment, fixtures, furniture, inventory, furnitureaccounts, fixturescontract rights, equipment, vehicles chattel paper and other personal property and effects of Tenant situated in or upon on the PremisesPremises which has been purchased by Tenant by use of a tenant improvement allowance, if any, and such property shall not be removed therefrom except in accordance with the terms of this Lease without the approval and consent of Landlord until all arrearages in rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in fulldischarged. Upon In the occurrence event of any Event of Default by Tenanta default under this Lease, Landlord mayshall have, in addition to any other remedies provided herein or by law, enter upon all rights and remedies under the Premises and take possession of any and all goodsUniform Commercial Code, wares, merchandise, books and records, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant situated in or upon or with respect including without limitation the right to the Premises without liability for trespass or conversion, and sell the same property described in this Paragraph at public or private salesale upon providing the notice called for by the Uniform Commercial Code, with or without having such property appraised, if none is so supplied by providing five (5) Business Days written notice to Tenant. Tenant hereby agrees that Landlord may record this Lease or a memorandum thereof at which Landlord or its assigns may purchase any of the same Landlord's discretion. Tenant further agrees that this Lease shall constitute a security agreement and apply the proceeds thereof, less any and all expenses connected with the taking of possession and sale, as a credit against any sums due by Tenant, and Tenant further agrees to pay any deficiency forthwith. If execute for recordation, simultaneously with execution of this Lease or at such other time designated by Landlord takes possession at its sole discretion, such financing statements and control of the Premises and operates the same, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed other instruments deemed necessary or desirable in the manner and form provided by law for foreclosure sole discretion of Landlord to perfect the security interests or in any other manner and form provided by lawinterest hereby created. The Any statutory lien for rent, if any, Rent is not hereby waived and waived, the express contractual lien herein granted is being in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord in order to perfect the Landlord's lien provided herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereunder.

Appears in 1 contract

Samples: Second Sublease Agreement (Internet Commerce Corp)

LANDLORD'S LIEN. If Lessee defaults in paying rent or any other sum due from Lessee to Landlord shall have at under this Sublease, Landlord has a lien on all times during fixtures, chattels, or other property of any description belonging to Lessee that are placed in, or become a part of, the Leased Premises as security for rent due and to become due for the remainder of the Sublease Term of this Leaseand any other sum Lessee owes Landlord, a valid lien for all rents subject, and other sums of subordinate to, any purchase money becoming due hereunder from Tenantsecurity interests that Lessee has on its machinery, upon all goods, accounts, wares, merchandisetools, inventory, furnitureand equipment. This lien is not in lieu of, fixturesnor in any way affects, equipment, vehicles and other personal property and effects of Tenant situated in or upon the Premises, and such property shall not be removed therefrom except in accordance with the terms of this Lease without the approval and consent of Landlord until all arrearages in rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in full. Upon the occurrence of any Event of Default by Tenant, Landlord may, statutory landlord’s lien but is in addition to that lien, and Lessee grants Landlord a security interest in all of Lessee’s property placed in or on the Leased Premises, which is more particularly described in Exhibit D, for purposes of this contractual lien. This does not prevent Lessee’s selling any other remedies merchandise in the ordinary course of business free of such Landlord’s lien. If Landlord exercises the option to terminate the leasehold, reenter, and relet the Leased Premises as provided herein or by lawin the preceding paragraph and gives Lessee reasonable notice of the intent to take possession and an opportunity for a hearing on the matter, enter upon the Premises and Landlord may take possession of any and all goods, wares, merchandise, books and records, inventory, furniture, fixtures, equipment, vehicles and other personal of Lessee’s property and effects of Tenant situated in or upon or with respect to on the Leased Premises without liability for trespass or conversion, and sell the same it at public or private salesale after giving Lessee reasonable notice of the time and place of any public sale or of the time after which any private sale is to be made, for cash or on credit, for the prices and terms that Landlord considers best, with or without having such the property appraised, present at which Landlord or its assigns may purchase any the sale. The proceeds of the same sale will be applied first to the necessary and apply proper expense of removing, storing, and selling the proceeds thereofproperty, less then to the payment of any and all expenses connected with rent due or to become due under this Sublease; any balance will paid to Lessee. For the taking purpose of possession and salefurther securing the Lessee’s rent obligations herein, the parties agree that Lessee shall not sell in whole or in part or otherwise encumber the intellectual property of the Lessee during the Sublease Term. Intellectual property shall mean, but not be limited to, a work or invention that is the result of creativity, such as a credit manuscript or a design, to which one has rights and for which one may apply for a patent, copyright, or trademark to which the Lessee could reasonably bring legal action against any sums due by Tenant, and Tenant agrees to pay any deficiency forthwith. If Landlord takes possession and control the unauthorized use of the Premises and operates the same, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord in order to perfect the Landlord's lien provided herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereunderintellectual property.

Appears in 1 contract

Samples: Sublease Agreement (AST SpaceMobile, Inc.)

LANDLORD'S LIEN. In addition to the statutory landlord’s lien, Landlord shall have have, at all times during the Term of this Leasetimes, a valid lien for security interest to secure payments of all rents rent, additional rent and other sums of money becoming due hereunder from TenantTenant and to secure payment of any damages or loss which Landlord may suffer by reason of the breach by Tenant of any covenant, agreement or condition contained herein, upon all goods, accounts, wares, merchandiseequipment, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant presently or which may hereafter be situated in or upon the PremisesProperty and all proceeds therefrom, and such property shall not be removed therefrom except in accordance with the terms of this Lease without the approval and consent of Landlord until all arrearages in rent rent, as well as any and all other sums of money then due to Landlord hereunder hereunder, shall first have been paid and discharged in fulland all the covenants, agreements and conditions hereof have been fully complied with and performed by Tenant. Upon the occurrence of any Event an event of Default default by Tenant, Landlord may, in addition to any other remedies provided herein or by lawherein, enter upon the Premises Property and take possession of any and all goods, wares, merchandiseequipment, books and records, inventoryfixtures, furniture, fixturesimprovements, equipment, vehicles and other personal property and effects of Tenant situated in or upon or with respect to the Premises Property, without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property appraisedat the sale, after giving Tenant reasonable notice of the time and place of any public sale or of the time after which any private sale is to be made, at which sale the Landlord or its assigns may purchase unless otherwise prohibited by law. Unless otherwise provided by law, and without intending to exclude any other manner of giving Tenant reasonable notice, the same and apply requirement of reasonable notice shall be met if such notice is given in the manner prescribed in this Lease at least five (5) days before the time of sale. The proceeds thereoffrom any such disposition, less any and all expenses connected with the taking of possession possession, holding and saleselling of the Property (including reasonable attorney’s fees and other expenses), shall be applied as a credit against any sums due the indebtedness secured by Tenant, the security interest granted in this Section 17. Any surplus shall be paid to Tenant or as otherwise required by law; and Tenant agrees to shall pay any deficiency deficiencies forthwith. If Landlord takes possession and control Upon request of the Premises and operates the sameLandlord, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord Tenant a financing statement in order form sufficient to perfect the Landlord's security interest of Landlord in the aforementioned property and proceeds thereof under the provisions of the Uniform Commercial Code in force in the State of Florida. The statutory lien provided for rent is not hereby waived, the security interest herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners granted being in addition and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereundersupplementary thereto.

Appears in 1 contract

Samples: Commercial Lease (Drugmax Inc)

LANDLORD'S LIEN. As security for payment of Rent and Additional Rent, damages and all other payments required to be made by Tenant under this Lease, Tenant hereby grants to Landlord shall have at a lien upon and security interest in all times during property of Tenant now or subsequently located upon the Term Leased Premises. If Tenant is in default of any provision of this Lease, a valid lien for all rents and other sums of money becoming due hereunder from Tenant, upon all goods, accounts, wares, merchandise, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant situated in or upon the Premises, and such property shall not be removed therefrom except in accordance with the terms of this Lease without the approval and consent of Landlord until all arrearages in rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in full. Upon the occurrence of any Event of Default by Tenant, Landlord may, in addition to any other remedies provided herein or by law, may enter upon the Leased Premises by picking or changing locks if necessary, and take possession of all or any and all goods, wares, merchandise, books and records, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects part of Tenant situated in or upon or with respect to the Premises without liability for trespass or conversionsuch property, and may sell the same all or any part of such property at a public or private sale, in one or successive sales, with or without having notice, to the highest bidder for cash, and, on behalf of Tenant, sell and convey all or part of such property appraisedto the highest bidder, at which Landlord or its assigns may purchase any delivering to the highest bidder all of Tenant s title and interest in the property sold. The proceeds of the same sale of such property shall be applied by Landlord toward the reasonable costs and apply expenses of the proceeds thereof, less any and all expenses connected with the taking of possession and sale, as a credit against any including attorney's fees, and then toward the payment of all sums then due by Tenant, and Tenant agrees to pay any deficiency forthwithLandlord under the terms of this Lease. If Landlord takes possession and control of the Premises and operates the same, Any excess remaining shall be paid to Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided person entitled thereto by law. The statutory lien for rentThis Lease is intended as and constitutes a security agreement within the meaning of the Uniform Commercial Code of the state in which the Leased Premises are situated. Landlord, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto to the rights prescribed in this Lease, shall have all of the rights, titles, liens, and supplementary theretointerests in and to Tenant's property, now or hereafter located upon the Leased Premises, which may be granted a secured party (as that term is defined under such Uniform Commercial Code) under this Lease. Tenant agrees to will, on request, execute and deliver to Landlord from time to time during a financing statement (or continuation statement) for the Term purpose of perfecting Landlord's security interest under this Lease or Landlord may file this Lease, a carbon photographic or other reproduction of this Lease, or a memorandum of this Lease such Financing Statements as may be required by Landlord in order to perfect a financing statement. All of the above notwithstanding, any Landlord's lien provided herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners and any such distributions ’s Lien shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereunderXxxxxx’s trade creditors.

Appears in 1 contract

Samples: Lease Agreement

LANDLORD'S LIEN. In addition to any applicable common law or statutory lien, none of which are to be deemed waived by Landlord, Landlord shall have have, at all times during the Term of this Leasetimes, and Tenant hereby grants to Landlord, a valid lien for and security interest to secure payment of all rents rentals and other sums of money becoming due hereunder from Tenant, and to secure payment of any damages or loss which Landlord may suffer by reason of the breach by Tenant of any covenant, agreement or condition contained herein, upon all goods, accounts, wares, merchandiseequipment, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant which may hereafter be situated in or upon on the Premises, and all proceeds therefrom, and such property shall not be removed therefrom except in accordance with the terms of this Lease without the approval and consent of Landlord until all arrearages arrearage in rent Rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in fulland all the covenants, agreements and conditions hereof have been fully complied with and performed by Tenant. Landlord covenants and agrees to subordinate the lien granted hereunder to any commercial lender which Tenant grants a security interest. Upon the occurrence of any an Event of Default by Tenant, but subject to Tenant's lender rights, if any, after the expiration of all stated notice and cure periods, Landlord may, in addition to any other remedies provided herein or by lawherein, peaceably enter upon the Premises and take possession of any and all goods, wares, merchandiseequipment, books and records, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant situated in or upon or with respect to on the Premises Premises, without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property appraisedat the sale, after giving Tenant reasonable notice of time and place of any public sale or of the time after which any private sale is to be made, at which sale Landlord or its assigns may purchase unless otherwise prohibited by law. Unless otherwise provided by law, and without intending to exclude any other manner of giving Tenant reasonable notice, the same and apply requirement of reasonable notice shall be met if such notice is given in the manner prescribed in Article 28 of this Lease at least five (5) days before the time of sale. The proceeds thereoffrom any such disposition, less any and all expenses connected with the taking of possession possession, holding and saleselling of the property (including reasonable attorney's fees and other expenses), shall be applied as a credit against any sums due the indebtedness secured by Tenant, the security interest granted in this Article 23. Any surplus shall be paid to Tenant or as otherwise required by law; and Tenant agrees to shall pay any deficiency deficiencies forthwith. If Landlord takes possession and control of the Premises and operates the sameUpon request by Landlord, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord a financing statement in order form sufficient to perfect the Landlordsecurity interest of Landlord in the aforementioned property and proceeds thereof under the provisions of the Uniform Commercial Code in force in the State of California. Notwithstanding the foregoing, the parties acknowledge and agree that Tenant's lien provided herein or by state lawlender may have superior rights to the property noted herein. Tenant further agrees shall use its best efforts to obtain, within forty-five (45) days of the date hereof, a waiver of all such rights from its lender in this regard, and, failing to obtain such waiver, that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions use its best efforts to its shareholdersobtain from such lender, partnersthe right to grant a subordinated lien to Landlord in such goods, members or other owners and any second only to the lien of such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereunderlender.

Appears in 1 contract

Samples: Lease (E Digital Corp)

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LANDLORD'S LIEN. A. Unless otherwise prohibited by law, in addition to any statutory Landlord's Lien, Landlord shall have at all times during the Term of this Lease, a valid lien for security interest to secure payment of all rents rentals and other others sums of money becoming due hereunder from Tenant, and to secure payment of any damages or loss which Landlord may suffer by reason of the breach by Tenant of any covenant, agreement or condition contained herein, upon all goods, accounts, wares, merchandiseequipment, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant presently, or which may hereafter be, situated in or upon the Leased Premises, and all proceeds there from, and such property shall not be removed therefrom except in accordance with the terms of this Lease there-from without the approval and consent of Landlord until all arrearages in rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in fulland all covenants, agreements and conditions hereof have been fully complied with and performed by Tenant. B. Upon the occurrence of any Event an event of Default default by Tenant, Landlord may, in addition to any other remedies provided herein or by lawherein, enter upon the Leased Premises and take possession of any and all goods, wares, merchandiseequipment, books and records, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant situated in or upon or with respect to on the Premises Premises, without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property appraisedat the sale, after giving Tenant reasonable notice of the time and place of any public sale or of the time after which any private sale is to be made, at which sale the Landlord or its assigns may purchase unless otherwise prohibited by law. Unless otherwise provided by law, and without intending to exclude any other manner of giving Tenant reasonable notice, the requirement of reasonable notice shall be met if such notice is given in the manner presecribed in paragraph 22 of this lease ten days before the time of sale. Any sale made pursuant to the provision of this section shall be deemed to have been a public sale conducted in a commercially reasonable manner if held in the above-described premises or where the property is located after the time, place, and method of sale and a general description of the same and apply types of property to be sold have been advertised in a daily newspaper published in the county in which leased premises is located for five consecutive days before the date of sale. The proceeds thereoffrom any such disposition, less any and all expenses connected with the taking of possession possession, holding and sale, selling of the property (including reasonable attorney's fees and legal expense) shall be applied as a credit against any sums due the indebtedness secured by Tenant, and the security interest granted in this section. Any surplus shall be paid to Tenant agrees to or as otherwise required by law; the Tenant shall pay any deficiency deficiencies forthwith. If Landlord takes possession and control of the Premises and operates the sameUpon request by Landlord, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord a financing statement in order form sufficient to perfect the Landlord's security of Landlord in the aforementioned property and proceeds thereof under the provisions of the Uniform Commercial Code in force in the state in which leased premises is located. The statutory lien provided "distress for rent" is not hereby waived, the security interest herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners granted being in addition and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereundersupplementary thereto.

Appears in 1 contract

Samples: Imagemax Inc

LANDLORD'S LIEN. Landlord shall have at all times during In addition to the Term of this Leaseconstitutional and statutory Landlord's liens, a valid lien for all rents and other sums of money becoming due hereunder from TenantTENANT HEREBY GRANTS TO LANDLORD A SECURITY INTEREST TO SECURE PAYMENT OF ALL RENT DUE HEREUNDER FROM TENANT, upon all goodsUPON ALL GOODS, accountsWARES, waresEQUIPMENT, merchandiseFIXTURES, inventoryFURNITURE AND OTHER PERSONAL PROPERTY OWNED BY TENANT AND SITUATED IN OR UPON THE PREMISES, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant situated in or upon the Premises, and such TOGETHER WITH THE PROCEEDS FROM THE SALE OR LEASE THEREOF. Such property shall not be removed therefrom except in accordance with the terms of this Lease without the approval and consent of Landlord until all arrearages in rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in fulldischarged. Upon Tenant's failure to pay rent due within ten (10) days after the occurrence of any Event of Default by Tenantdue date, Landlord may, in addition to any other remedies provided herein or by lawLaw, enter upon the Premises and take possession of any and all goods, wares, merchandise, books and records, inventory, furnitureequipment, fixtures, equipment, vehicles furniture and other personal property owned by Tenant and effects of Tenant situated in or upon or with respect to on the Premises without liability for trespass or conversion, and sell the same at public or private sale, sale with or without having such property appraisedat the sale, after giving Tenant reasonable notice of the time and place of any such sale. Landlord has no right to and has no security interest in and may not take possession of any property which may be situated on the Premises but which is not owned by Tenant, including but not limited to property which may be owned by another and leased and/or loaned to Tenant. Unless otherwise required by Law, notice to Tenant of such sale shall be deemed sufficient if given in the manner prescribed in this Lease at which least thirty (30) days before the time of the sale. Any public sale made under this Paragraph shall be deemed to have been conducted in a commercially reasonable manner if held in the Premises or where the property is located, after the time, place and method of sale and a general description of the types of property to be sold have been advertised in a daily newspaper published in Dallas County, Texas, for five (5) consecutive days before the date of the sale. Landlord or its Landlord's assigns may purchase at a public sale and, unless prohibited by Law, at a private sale. The proceeds from any of the same and apply the proceeds thereofdisposition dealt with in this paragraph, less any and all expenses connected with the taking of possession possession, holding and saleselling of the property including reasonable attorneys' fees and legal expenses), shall be applied as a credit against any sums due the indebtedness secured by Tenantthe security interest granted herein. Any surplus shall be paid to Tenant or as otherwise required by Law, and Tenant agrees to shall pay any deficiency forthwith. If Upon request by Landlord, Tenant agrees to execute, as debtor, and deliver to Landlord takes possession financing statements in form sufficient as may be necessary to perfect the security interest of Landlord in the aforementioned property and control proceeds thereof under the provisions of the Premises Texas Business and operates the same, Tenant shall for so long as Commerce Code. Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed at its election at any time file in the manner appropriate County records a copy of this Lease as a Financing Statement. Landlord, as Secured Party, has all of the rights and form remedies afforded a secured party under the Texas Uniform Commercial Code in addition to and cumulative of the landlord's liens and rights provided by law for foreclosure Law or by the other terms and provisions of security interests or in any other manner and form provided by lawthis Lease. The constitutional and statutory lien liens for rent, if any, is not hereby waived and rent are expressly reserved; the express contractual lien security interest herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord in order to perfect the Landlord's lien provided herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereunder.

Appears in 1 contract

Samples: agendas.addisontx.gov

LANDLORD'S LIEN. In addition to any statutory Landlord's lien, Landlord shall have have, at all times during the Term of this Leasetimes, a valid lien for security interest to secure payment of all rents rentals and other sums of money becoming due hereunder from Tenant, and to secure payment of any damages or loss which Landlord may suffer by reason of the breach by Tenant of any covenant, agreement, or condition contained herein, upon all goods, accounts, wares, merchandiseequipment, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant presently, or which may hereafter be situated in or upon on the Premisesdemised premises, and all proceeds therefrom, and such property shall not be removed therefrom except in accordance with the terms of this Lease without the approval and consent of Landlord until all arrearages in rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in fulland all of the covenants, agreements and conditions hereof have been fully complied with and performed by Tenant. Upon the occurrence of any Event an event of Default default by Tenant, Landlord may, in addition to any other remedies provided herein or by lawherein, enter upon the Premises demised premises and take possession of any and all goods, wares, merchandiseequipment, books and records, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant situated in or upon or with respect to on the Premises premises, without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property appraisedat the sale, after giving Tenant reasonable notice of the time and place of any public sale or of the time after which any private sale is to be made, at which sale the Landlord or its assigns may purchase unless otherwise prohibited by law. Unless otherwise provided by law, and without intending to exclude any other manner of giving Tenant reasonable notice, the requirement of reasonable notice shall be met if such notice is given in the manner prescribed in Paragraph 26 of this lease at least ten (10) days before the time of sale. Any sale made pursuant to the provision of this Paragraph 21 shall be deemed to have been a public sale conducted in a commercially reasonable manner if held in the demised premises or where the property is located after the time, place and method of sale and a general description of the same and apply types of property to be sold have been advertised in a local daily newspaper for five (5) consecutive days before the date of the sale. The proceeds thereoffrom any such disposition, less any and all expenses connected with the taking of possession possession, holding and saleselling of the property (including reasonable attorney's fees and legal expenses), shall be applied as a credit against any sums due the indebtedness secured by Tenant, and the security interest granted in this paragraph. Any surplus shall be paid to Tenant agrees to or as otherwise required by law; the Tenant shall pay any deficiency deficiencies forthwith. If Landlord takes possession and control of the Premises and operates the sameUpon request by Landlord, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord a financing statement in order form sufficient to perfect the Landlord's security interest of Landlord in the aforementioned property and proceeds thereof under the provisions of the Uniform Commercial Code in force in this state. Any statutory lien provided for rent is not hereby waived, the security interest herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners granted being in addition and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereundersupplementary thereto.

Appears in 1 contract

Samples: Office Lease Agreement (Therapeutic Antibodies Inc /De)

LANDLORD'S LIEN. In addition to the statutory Landlord's lien, Landlord shall have have, at all times during the Term of this Leasetimes, a valid lien for security interest to secure payment of: (i) all rents rentals and other sums of money becoming due hereunder from TenantTenant under this Lease, upon (ii) any damages or loss which Landlord may suffer by reason of the breach by Tenant of this Lease. Landlord's lien shall apply to (i) all goods, accounts, wares, merchandise, inventory, furniture, fixtures, equipment, vehicles fixture, furniture and other personal property and effects improvements of Tenant now or later situated in or upon on the PremisesPremises (subject to any purchase money security interests for such items), and (ii) all proceeds from such property. In event of default, all property subject to Landlords lien shall not be removed therefrom except in accordance with from the terms of this Lease Premises without the approval and consent of Landlord until all arrearages in rent as well as any and all other sums the default is fully cured. In event of money then due to Landlord hereunder shall first have been paid and discharged in full. Upon the occurrence of any Event of Default by Tenantdefault, Landlord may, in addition to any other remedies provided herein or by lawin this Lease, enter upon the Premises and take possession of any and all goodsproperty subject to Landlords lien, wares, merchandise, books and records, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant situated in or upon or with respect to the Premises without liability for trespass or conversion. After taking possession of such property, and Landlord may sell the same at public or private sale, with (whether or without having not the property is present at the sale), after giving Tenant reasonable notice of the time and location of any such property appraised, at which sale is to be conducted. Landlord or its agents, vendors or assigns may purchase the property at the sale. Unless otherwise mandated by law, and without excluding any other manner of giving Tenant reasonable notice, the same and apply requirement of reasonable notice shall be met if such notice is given in the manner prescribed in paragraph 27 of this Lease at least five (5) days before the time of sale. The proceeds thereoffrom any such disposition, less any and all expenses connected with the taking of possession possession, holding and saleselling of the property (including reasonable attorneys' fees and other expenses), shall be applied as a credit against any sums due the Tenants financial obligations under this Lease. Any surplus shall be paid to Tenant or as otherwise required by Tenant, and law; Tenant agrees to shall promptly pay any deficiency forthwithdeficiencies. If Landlord takes possession and control of the Premises and operates the sameUpon request by Landlord, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord a financing statement in order form sufficient to perfect the Landlord's security interest of Landlord in the aforementioned property under the provisions of the Uniform Commercial Code in force in the State of Texas. Landlord retains its statutory lien provided herein or in addition to the lien created by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereunderthis paragraph.

Appears in 1 contract

Samples: Warehouse Lease Agreement (Efj Inc)

LANDLORD'S LIEN. In addition to the statutory Landlord's lien, Tenant hereby grants to Landlord shall have at a security interest to secure payment of all times during the Term of this Lease, a valid lien for all rents rent and other sums of money becoming due hereunder from Tenant, upon all goods, accountswages, wares, merchandise, inventory, furnitureequipment, fixtures, equipment, vehicles furniture and other personal property and effects of Tenant situated in or upon the Premisesdemised premises, and such together with the proceeds from the sale or lease thereof. Such property shall not be removed therefrom except in accordance with the terms of this Lease without the approval and consent of Landlord until all arrearages arrangements in rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in fulldischarged. Upon the occurrence of any Event event of Default by Tenantdefault, Landlord may, in addition to any other remedies provided provided. herein or by law, enter upon the Premises demised premises and take possession of any and all goods, wares, merchandise, books and records, inventory, furnitureequipments, fixtures, equipment, vehicles finances and other personal property and effects of Tenant situated in or upon or with respect to on the Premises premises without liability for trespass or conversion, and sell the same at or public or private sale, with or without having such property appraisedat the sale, after giving Tenant reasonable notice of the time and place of any such sale. Unless otherwise required by law, notice to Tenant of such sale shall be deemed sufficient if given in the manner prescribed in this lease at which least 10 days before the time of the sale. Any public sale made under this paragraph shall be deemed to have been conducted in a commercially reasonable manner if held in the demised premises or where the property is located, after the time, place and method of sale and a general description of the types of property to be sold have been advertised in a daily newspaper published in Dallas County, Texas, for five consecutive days before the date of the sale. Landlord or its assigns may purchase at a public sale and, unless prohibited by law, at a private sale. The proceeds from any of the same and apply the proceeds thereofdispusido deals with in this paragraph, less any and all expenses connected with the taking making of possession possession, holding and saleselling of the property (including reasonable attorneys' fees and legal expenses), shall be applied as a credit against any sums due the indebtedness secured by Tenant, the security interest and granted herein. Any surplus shall be paid to Tenant agrees to or as otherwise required by law: Tenant shall pay any deficiency deficiencies forthwith. If Landlord takes possession and control of the Premises and operates the sameUpon request by Landlord, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord a financing statement in order form efficient to perfect the Landlord's security interest of Landlord in the aforementioned property and proceeds the rent under the provisions of the Business and Commerce Code in force in the State of Texas. The valutory lien provided for rent is expressly reserved; the security interest herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners granted is in addition and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereundersupplementary thereto.

Appears in 1 contract

Samples: Commercial Lease Agreement (Ameripath Inc)

LANDLORD'S LIEN. In addition to the statutory Landlord's Lien, Landlord shall have at all times during the Term of this Lease, a valid lien for security interest to secure payment of all rents Rent and other sums of money becoming due hereunder from Tenant, Tenant and to secure payment of any damages or loss which Landlord may suffer by reason of the breach by Tenant of any covenant agreement or condition contained herein. Such security interests shall be upon all goods, accounts, wares, merchandiseequipment, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant presently located in, or which may hereafter be situated in or upon the Premises, and all proceeds therefrom, and such property shall not be removed therefrom except in accordance with the terms of this Lease without the approval and consent of Landlord until all arrearages arrearage in rent rental as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged and all the covenants, agreements and conditions hereof have been fully complied with and performed by Tenant. Tenant agrees and acknowledges that this Lease Agreement also serves as a security agreement under Chapter 679 of the Florida Statutes (Article 9 of the Uniform Commercial Code) to impose a lien upon the Lien Property to secure the payment of all rentals, charges and other sums to be paid by Tenant and reserved hereunder and Tenant agrees to execute, acknowledge and deliver to Landlord such financing statements and other instruments as Landlord may request in fullorder to commemorate the foregoing within ten (10) days after Landlord's request therefore. Upon the occurrence of any Event an event of Default default by Tenant, Landlord may, to the extent permitted by law and in addition to any other remedies provided herein or by lawherein, enter upon the Premises and take possession of any and all goods, wares, merchandiseequipment, books and records, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant situated in or upon or with respect to the Premises Premises, without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property appraisedat the sale, after giving Tenant reasonable notice of the time and place of any Public sale or of the time after which any private sale is to be made, at which sale Landlord or its Landlord's assigns may purchase such property, unless otherwise prohibited by law. Unless otherwise provided by law, and without intending to exclude any other manner of giving Tenant reasonable notice, the requirement of reasonable notice shall be met if such notice is given in the manner prescribed in this Lease Agreement at least ten (10) days prior to the time of sale. Any sale made pursuant to the provisions of this paragraph shall be deemed to have been a public sale conducted in a commercially reasonable manner if held in the Premises or wherever else the property may be located, after the time, place and method of sale and a general description of the same and apply types of property to be sold, have been advertised in a daily newspaper published in the county in which the Building is located, for five (5) consecutive days before the date of the sale. The proceeds thereoffrom any such disposition, less any and all expenses connected with the taking of possession possession, holding and sale, selling of the property (including reasonable attorneys' fees) shall be applied as a credit against any sums due the indebtedness secured by Tenant, and the security interest granted in this paragraph. Any surplus shall be paid to Tenant agrees to as otherwise required by law or Tenant shall pay any deficiency forthwith. If Landlord takes possession and control of the Premises and operates the same, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation deficiencies forthwith to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord in order to perfect the Landlord's lien provided herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereunder.

Appears in 1 contract

Samples: Lease Agreement (Royal Canadian Foods Corp)

LANDLORD'S LIEN. In addition to the statutory Landlord's lien, Landlord shall have at all times during the Term of this Leasetimes, a valid lien for security interest to secure payment of all rents rentals and other sums of money becoming due hereunder from Tenant, and to secure payment of any damages or loss which Landlord may suffer by reason of the breach by Tenant of any covenant, agreement or condition contained herein, upon all goods, accounts, wares, merchandiseequipment, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant presently or which may hereafter be situated in or upon on the PremisesPremises and all proceeds therefrom, and such property shall not be removed therefrom except in accordance with the terms of this Lease without the approval and consent of Landlord until all arrearages in rent rent, as well as any and all other sums of money then than due to Landlord hereunder hereunder, shall first have been paid and discharged in fulland all the covenants, agreements and conditions hereof have been fully complied with and performed by Tenant. Upon the occurrence of any Event an event of Default default by Tenant, Landlord may, in addition to any other remedies provided herein or by lawherein, enter upon the Premises and take possession of any and all goods, wares, merchandiseequipment, books and records, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant situated in or upon or with respect to on the Premises Premises, without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property appraisedat the sale, after giving Tenant reasonable notice of the time and place of any public sale or of the time after which any private sale is to be made, at which sales the Landlord or its assigns may purchase unless otherwise prohibited by law. Unless otherwise provided by law, and without intending to exclude any other manner of giving Tenant reasonable notice, the same and apply requirement of reasonable notice shall be met if such notice is given in the manner prescribed in paragraph 27 of this Lease at least five (5) days before the time of sale. The proceeds thereoffrom any such disposition, less any and all expenses connected with the taking of possession possession, holding and saleselling of the property (including reasonable attorney's fees and other expenses), shall be applied as a credit against any sums due the indebtedness secured by Tenant, the security interest granted in this paragraph 24. Any surplus shall be paid to Tenant or as otherwise required by law; and the Tenant agrees to shall pay any deficiency deficiencies forthwith. If Landlord takes possession and control of the Premises and operates the sameUpon request by Landlord, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord a financing statement in order form sufficient to perfect the Landlord's security interest of Landlord in the aforementioned property and proceeds thereof under the provisions of the Uniform Commercial Code in force in the State of Texas. The statutory lien provided for rent is not hereby waived, the security interest herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners granted being in addition and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereundersupplementary thereto.

Appears in 1 contract

Samples: Office Lease Agreement (Efficient Networks Inc)

LANDLORD'S LIEN. Landlord shall have at all times during the Term In addition to any statutory landlord’s lien now in effect or hereafter enacted, Tenant grants to Landlord, to secure performance of this LeaseTenant’s obligations hereunder, a valid lien for security interest in all rents and other sums of money becoming due hereunder from Tenant, upon all goods, accounts, wares, merchandise, inventory, furniture, fixtures, equipment, vehicles and other personal ’s property and effects of Tenant situated in or upon upon, or used in connection with, the PremisesPremises or the Project, and such property all proceeds thereof (except merchandise sold in the ordinary course of business) (collectively, the “Collateral”), and the Collateral shall not be removed therefrom except in accordance with from the terms of this Lease Premises or the Project without the approval and prior written consent of Landlord until all arrearages in rent as well as any and all other sums obligations of money then due to Landlord hereunder shall first Tenant have been paid fully performed. Such personality thus encumbered includes specifically all trade and discharged in fullother fixtures for the purpose of this Section 20 and inventory, equipment, contract rights, accounts receivable and the proceeds thereof. Upon the occurrence of any an Event of Default by TenantDefault, Landlord may, in addition to any all other remedies remedies, without notice or demand except as provided herein or by lawbelow, enter upon exercise the rights afforded to a secured party under the Uniform Commercial Code of the state in which the Premises and take possession are located (the “UCC”). To the extent the UCC requires Landlord to give to Tenant notice of any act or event and all goodssuch notice cannot be validly waived before a default occurs, wares, merchandise, books and records, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant situated in or upon or with respect to the Premises without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property appraised, at which Landlord or its assigns may purchase any then five (5) days’ prior written notice thereof shall be reasonable notice of the same act or event. In order to perfect such security interest, Landlord may file any financing statement or other instrument necessary at Tenant’s expense at the state and apply the proceeds thereof, less any and all expenses connected with the taking of possession and sale, as a credit against any sums due by Tenant, and Tenant agrees to pay any deficiency forthwith. If Landlord takes possession and control of the Premises and operates the same, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary theretocounty Uniform Commercial Code filing offices. Tenant agrees grants to Landlord a power of attorney to execute and deliver file any financing statement or other instrument necessary to Landlord from time to time perfect Landlord’s security interest under this Section 20, which power is coupled with an interest and is irrevocable during the Term Term. Landlord may also file a copy of this Lease such Financing Statements as may be required by Landlord in order a financing statement to perfect its security interest in the Landlord's lien provided herein or by state lawCollateral. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance whichWithin ten (10) days following written request therefor, with the passage of time may become an Event of Default, Tenant Xxxxxx shall not make any distributions to its shareholders, partners, members or other owners and any such distributions shall be considered and deemed execute financing statements to be fraudulent and preferential and subordinate filed of record to perfect Landlord's claim for Rent and other sums hereunder’s security interest in the Collateral. The landlord’s lien shall survive the expiration or earlier termination of the Lease, until all obligations of Tenant have been fully performed.

Appears in 1 contract

Samples: Lease Agreement (Senti Biosciences, Inc.)

LANDLORD'S LIEN. Landlord shall have at all times during the Term of this LeaseAgreement, a valid lien for all rents and other sums of money becoming due hereunder from Tenant, upon all 1240817 goods, accounts, wares, merchandise, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant situated in or upon the PremisesLeased Property, and such property shall not be removed therefrom except for use at the premises demised under any of the Related Leases or otherwise in accordance with the terms of this Lease Agreement without the approval and consent of Landlord until all arrearages in rent Rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in full. Upon the occurrence of any Event of Default by TenantThe foregoing lien shall be subject and subordinate, Landlord mayand is hereby made subject and subordinate, in addition to all purchase money financing relating to any other remedies provided herein of Tenant’s Personal Property acquired prior to or by law, enter upon during the Premises and take possession of any and all goods, wares, merchandise, books and records, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant situated in or upon or with respect to the Premises without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property appraised, at which Landlord or its assigns may purchase any of the same and apply the proceeds thereof, less any and all expenses connected with the taking of possession and sale, as a credit against any sums due by Tenant, and Tenant agrees to pay any deficiency forthwith. If Landlord takes possession and control of the Premises and operates the same, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the PremisesTerm. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law Applicable Law for foreclosure of security interests or in any other manner and form provided by lawApplicable Law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary theretolieu of any statutory lien for Rent. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease Agreement such Financing Statements as may be required by Landlord in order to perfect the Landlord's ’s lien provided herein or granted or created by state law. Notwithstanding anything contained herein to the contrary, in no event shall Landlord have a lien on any Proprietary Information. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions Distributions to its shareholders, partners, members or other owners and any such distributions Distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's ’s claim for Rent and other sums hereunder.

Appears in 1 contract

Samples: Lease Agreement (CNL Lifestyle Properties Inc)

LANDLORD'S LIEN. In addition to the statutory landlord's lien, Landlord shall have have, at all times during the Term of this Leasetimes, a valid lien for security interest to secure payments of all rents rent, additional rent and other sums of money becoming due hereunder from TenantTenant and to secure payment of any damages or loss which Landlord may suffer by reason of the breach by Tenant of any covenant, agreement or condition contained herein, upon all goods, accounts, wares, merchandiseequipment, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant presently or which may hereafter be situated in or upon the PremisesProperty and all proceeds therefrom, and such property shall not be removed therefrom except in accordance with the terms of this Lease without the approval and consent of Landlord until all arrearages in rent rent, as well as any and all other sums of money then due to Landlord hereunder hereunder, shall first have been paid and discharged in fulland all the covenants, agreements and conditions hereof have been fully complied with and performed by Tenant. Upon the occurrence of any Event an event of Default default by Tenant, Landlord may, in addition to any other remedies provided herein or by lawherein, enter upon the Premises Property and take possession of any and all goods, wares, merchandiseequipment, books and records, inventoryfixtures, furniture, fixturesimprovements, equipment, vehicles and other personal property and effects of Tenant situated in or upon or with respect to the Premises Property, without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property appraisedat the sale, after giving Tenant reasonable notice of the time and place of any public sale or of the time after which any private sale is to be made, at which sale the Landlord or its assigns may purchase unless otherwise prohibited by law. Unless otherwise provided by law, and without intending to exclude any other manner of giving Tenant reasonable notice, the same and apply requirement of reasonable notice shall be met if such notice is given in the manner prescribed in this Lease at least five (5) days before the time of sale. The proceeds thereoffrom any such disposition, less any and all expenses connected with the taking of possession possession, holding and saleselling of the Property (including reasonable attorney's fees and other expenses), shall be applied as a credit against any sums due the indebtedness secured by Tenant, the security interest granted in this Section 17. Any surplus shall be paid to Tenant or as otherwise required by law; and Tenant agrees to shall pay any deficiency deficiencies forthwith. If Landlord takes possession and control Upon request of the Premises and operates the sameLandlord, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord Tenant a financing statement in order form sufficient to perfect the Landlord's security interest of Landlord in the aforementioned property and proceeds thereof under the provisions of the Uniform Commercial Code in force in the State of Florida. The statutory lien provided for rent is not hereby waived, the security interest herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners granted being in addition and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereundersupplementary thereto.

Appears in 1 contract

Samples: Go2pharmacy Com Inc

LANDLORD'S LIEN. In addition to the statutory Landlord's lien, Tenant hereby grants to Landlord shall have at a security interest to secure payment of all times during the Term of this Lease, a valid lien for all rents rent and other sums of money becoming due hereunder from Tenant, upon all vehicles, trailers, goods, accounts, wares, merchandise, inventory, furnitureequipment, fixtures, equipment, vehicles furniture and other personal property and effects of Tenant situated in or upon the Demised Premises, together with the proceeds from the sale or lease thereof, subject to and such subordinate to any first and prior liens on assets of Tenant by bank of Tenant. Such property shall not be removed therefrom except in accordance with the terms of this Lease without the approval and consent of Landlord until all arrearages in rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in fulldischarged. Upon the occurrence of any Event event of Default by Tenantdefault, Landlord may, in addition to any other remedies provided herein or by lawlaw or equity, enter upon the Demised Premises and take possession of any and all goods, wares, merchandise, books and records, inventory, furnitureequipment, fixtures, equipment, vehicles furniture and other personal property and effects of Tenant situated in or upon or with respect to on the Demised Premises without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property appraisedat the sale, after giving Tenant reasonable notice of the time and place of any such sale. Unless otherwise required by law, notice to Tenant of such sale shall be deemed sufficient if given in the manner prescribed in this Lease at which least ten (10) days before the time of the sale. Any public sale made under this paragraph shall be deemed to have been conducted in a commercially reasonable manner if held on the Demised Premises or where the property is located, after the time, place and method of sale and a general description of the types of property to be sold have been advertised in a daily newspaper published in Colorado County, Texas for five (5) consecutive days before the date of the sale. Landlord or its assigns may purchase at a public sale and, unless prohibited by law, at a private sale. The proceeds from any of the same and apply the proceeds thereofdisposition dealt with in this paragraph, less any and all expenses connected with the taking of possession possession, holding and saleselling of the property (including reasonable attorneys' fees and legal expenses), shall be applied as a credit against any sums due the indebtedness secured by Tenant, and the security interest granted herein. Any surplus shall be paid to Tenant agrees to or as otherwise required by law; Tenant shall pay any deficiency deficiencies forthwith. If Landlord takes possession and control of the Premises and operates the sameUpon request by Landlord, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord a financing statement in order to perfect the Landlord's lien provided herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereunder.form

Appears in 1 contract

Samples: Lease Agreement (Hanover Compressor Co)

LANDLORD'S LIEN. In addition to the statutory landlord's lien, Landlord shall have at all times during the Term of this Lease, a valid lien for security interest to secure payment of all rents rent and other sums of money becoming due hereunder from Tenant, and to secure payment of any damages or loss which Landlord may suffer by reason of the breach by Tenant of any covenant, agreement or condition contained herein, upon all goods, accounts, wares, merchandiseequipment, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant presently, or which may hereafter be, situated in or upon on the Premises, and all proceeds therefrom, and such property shall not be removed therefrom except in accordance with the terms of this Lease without the approval and consent of Landlord until all arrearages arrangements in rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in fulland all the covenants, agreements and conditions hereof have been fully complied with and performed by Tenant. Upon the occurrence of any Event an event of Default default by Tenant, Landlord may, may in addition to any other remedies provided herein or under the Uniform Commercial Code as adopted by lawthe state in which the Premises are located (including without limitation Texas section 9.505(b) or its equivalent), enter upon the Premises and take possession of any and all goods, wares, merchandiseequipment, books and records, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant situated in or upon or with respect to on the Premises Premises, without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property appraisedat the sale, after giving Tenant reasonable notice of the time and place of any public sale or of the time after which any private sale is to be made, at which sale the Landlord or its assigns may purchase unless otherwise prohibited by law. Unless otherwise provided by law, and without intending to exclude any other manner of giving Tenant reasonable notice, the requirement of reasonable notice shall be met if such notice is given in the manner prescribed in this Lease at least ten (10) days before the time of sale. Any sale made pursuant to the provisions of this paragraph shall be deemed to have been a public sale conducted in a commercially reasonable manner if held in the above described Premises or where the property is located after the time, place and method of sale and a general description of the same and apply types of property to be sold have been advertised in a daily newspaper published in the county in which the Premises are located for five consecutive days before the date of the sale. The proceeds thereoffrom any such disposition, less any and all expenses connected with the taking of possession possession, holding and saleselling of the property (including reasonable attorney's fees and legal expenses), shall be applied as a credit against any sums due the indebtedness secured by Tenant, and the security granted in this paragraph. Any surplus shall be paid to Tenant agrees to pay any deficiency forthwith. If Landlord takes possession and control of the Premises and operates the same, Tenant shall for so long or as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided otherwise required by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary theretoTenant shall pay any deficiencies forthwith upon request or demand by Landlord. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord a financing statement in order form sufficient to perfect the Landlord's security interest of Landlord in the aforementioned property and proceeds thereof under the provisions of the Uniform Commercial Code in force in the state in which the Premises are located. The statutory lien provided for rent is not hereby waived, the security interest herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners granted being in addition and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereundersupplementary thereto.

Appears in 1 contract

Samples: Lease Agreement (Numbeer, Inc.)

LANDLORD'S LIEN. In addition to the statutory landlord’s lien, Landlord shall have have, at all times during the Term of this Leasetimes, a valid lien for security interest to secure payment of all rents Rent and other sums of money becoming due hereunder from Tenant, and to secure payment of any damages or loss which Landlord may suffer by reason of the breach by Tenant of any covenant, agreement or condition contained herein, upon all goods, accounts, wares, merchandiseequipment, inventoryfixtures, furniture, fixturesimprovements, equipmentaccounts, vehicles contract rights, chattel paper and other personal property and effects of Tenant presently or which may hereafter be situated in or upon on the Premises, and all proceeds therefrom, and such property shall not be removed therefrom except in accordance with the terms of this Lease without the approval and consent of Landlord until all arrearages in rent Rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged and all the covenants, agreements and conditions hereof have been fully complied with and performed by Tenant. Notwithstanding the foregoing or any of the provision in fullthis paragraph 22, Landlord acknowledges that Tenant has granted a security interest to a lender (“Tenant’s Lender”) in connection with the financing of its inventory, and Landlord agrees to execute the subordination agreement (the “Landlord’s Agreement”), the form of which is attached hereto as Exhibit “C”. Landlord will endeavor to obtain Tenant’s Lender’s approval as to the form and substance of the Landlord’s Agreement within thirty (30) days following the final execution of this Lease, failing which, Landlord may, at Initial: its option either (i) terminate this Lease or (ii) waive the Landlord’s lien herein contained, together with any statutory lien. Landlord shall have the right to negotiate and make all such changes to the Landlord’s Agreement as the Landlord and the Tenant’s Lender may mutually agree to provided that such changes do not adversely affect Tenant’s rights hereunder. Upon the occurrence of any Event an event of Default default by Tenant, Landlord may, in addition to any other remedies provided herein or by law(but subject to the Landlord’s Agreement), enter upon the Premises and take possession of any and all goods, wares, merchandiseequipment, books and records, inventoryfixtures, furniture, fixturesimprovements, equipmentaccounts, vehicles contract rights, chattel paper and other personal property and effects of Tenant situated in or upon or with respect to on the Premises Premises, without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property appraisedat the sale, after giving Tenant reasonable notice of the time and place of any public sale or of the time after which any private sale is to be made, at which sale the Landlord or its assigns may purchase unless otherwise prohibited by law. Unless otherwise provided by law, and without intending to exclude any other manner of giving Tenant reasonable notice, the same and apply requirement of reasonable notice shall be met if such notice is given in the manner prescribed in this Lease at least five (5) days before the time of sale. The proceeds thereoffrom any such disposition, less any and all expenses connected with the taking of possession possession, holding and saleselling of the property (including reasonable attorneys’ fees and other expenses), shall be applied as a credit against any sums due the indebtedness secured by Tenantthe security interest granted in this paragraph. Any surplus shall be paid to Tenant or as otherwise required by law, and the Tenant agrees to shall pay any deficiency deficiencies forthwith. If Landlord takes possession and control of the Premises and operates the sameUpon request by Landlord, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord a financing statement in order form sufficient to perfect the Landlord's security interest of Landlord in the aforementioned property and proceeds thereof under the provisions of the Uniform Commercial Code in force in the State of Texas. The statutory lien provided herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent is not hereby waived, the security interest herein granted being in addition and other sums hereundersupplementary thereto.

Appears in 1 contract

Samples: Industrial Lease Agreement (Collegiate Pacific Inc)

LANDLORD'S LIEN. Landlord shall have at all times during the Term of To secure Tenant’s obligations under this Lease, Tenant grants Landlord a valid lien for contractual security interest on all rents and other sums of money becoming due hereunder from Tenant’s inventory, upon all goods, accounts, wares, merchandise, inventory, furniture, fixtures, equipment, vehicles consumer goods and other personal property and effects of Tenant equipment now or hereafter situated in or upon the PremisesPremises and all proceeds therefrom, and such property including insurance proceeds (collectively, “Collateral”). No Collateral shall not be removed therefrom from the Premises without Landlord’s prior written consent until all of Tenant’s obligations are fully satisfied (except in accordance with the terms ordinary course of this Lease without the approval and consent of Landlord until all arrearages in rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in fullTenant’s business). Upon the occurrence any event of any Event of Default by Tenantdefault, Landlord may, to the fullest extent permitted by Law and in addition to any other remedies provided herein or by lawherein, enter upon the Premises and take possession of any and all goods, wares, merchandise, books and records, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant situated in or upon or with respect to the Premises Collateral without liability being held liable for trespass or conversion, and sell the same at public or private sale, after giving Tenant at least 10 days written notice (or more if required by Law) of the time and place of such sale. Such notice may be sent with or without having such property appraisedreturn receipt requested. Unless prohibited by Law, at which any Landlord or its assigns Party may purchase any of the same and apply Collateral at such sale. Subject to applicable Law, the proceeds thereoffrom such sale, less Landlord’s expenses, including reasonable attorneys’ fees and other expenses, shall be credited against Tenant’s obligations. Any surplus shall be paid to Tenant (or as otherwise required by Law) and any and all expenses connected with deficiency shall be paid by Tenant to Landlord upon demand. Tenant hereby authorizes Landlord to file a financing statement sufficient to perfect the taking foregoing security interest, or to file a copy of possession and salethis Lease as a financing statement, as a credit against any sums due by Tenantpermitted under Law. Notwithstanding the foregoing, and Tenant agrees to pay any deficiency forthwith. If Landlord takes possession and control of the Premises and operates the sameagrees, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time time, at the written request of Tenant at least 60 days prior to the proposed date of any loan or extension of credit, to expressly subordinate its foregoing contractual lien rights in Collateral (as well as any non-contractual lien granted to Landlord by Law in Collateral) to the security interests of one or more third party lender(s) providing financing for Tenant’s business operations during the Term Term, provided that (i) there is no uncured event of this default by Tenant under the Lease at the time of such Financing Statements as may be required by Landlord in order to perfect the Landlord's lien provided herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners and any subordination; (ii) such distributions subordination shall be considered limited to the specified items, amount and deemed to time stated in the subordinating instrument; and (iii) such subordination shall be fraudulent in writing, signed by all parties and preferential and subordinate to in a form prescribed by Landlord's claim for Rent and other sums hereunder., which form is attached hereto as Exhibit I.

Appears in 1 contract

Samples: Office Lease (NetSpend Holdings, Inc.)

LANDLORD'S LIEN. In addition to the statutory Landlord's lien, Landlord shall have have, at all times during the Term of this Leasetimes, a valid lien for security interest to secure payment of all rents rentals and other sums of money becoming due hereunder from Tenant, and to secure payment of any damages or loss which Landlord may suffer by reason of the breach by Tenant of any covenant, agreement or condition contained herein, upon all goods, accounts, wares, merchandiseequipment, inventoryfixture, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant presently or which may hereafter be situated in or upon on the Premisespremises, and all proceeds therefrom and such property shall not be removed therefrom except in accordance with the terms of this Lease without the approval and consent of Landlord until all arrearages in rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in fulland all the covenants, agreements and conditions hereof have been fully complied with and performed by Tenant. Upon the occurrence of any Event an event of Default default by Tenant, Landlord may, in addition to any other remedies provided herein or by lawherein, enter upon the Premises premises and take possession of any and all goods, wares, merchandiseequipment, books and records, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant situated in or upon or with respect to on the Premises premise, without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property appraisedat the sale, after giving Tenant reasonable notice of the time and place of any public sale or of the time after which any private sale is to be made, at which sale the Landlord or its assigns may purchase unless otherwise prohibited by law. Unless otherwise provided by law, and without intending to exclude any other manner of giving Tenant reasonable notice, the same and apply requirement of reasonable notice shall be met if such notice is given in the manner prescribed in paragraph 27 of this lease at least five (5) days before the time of sale. The proceeds thereoffrom any such disposition, less any and all expenses connected with the taking of possession possession, holding and saleselling of the property (including reasonable attorneys' fees and other expenses), shall be applied as a credit against any sums due the indebtedness secured by Tenant, the security interest granted in this paragraph 24. Any surplus shall be paid to Tenant or as otherwise required by law; and the Tenant agrees to shall pay any deficiency deficiencies forthwith. If Landlord takes possession and control of the Premises and operates the sameUpon request by Landlord, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord a financing statement in order form sufficient to perfect the Landlord's security interest of Landlord in the aforementioned property and proceeds thereof under the provisions of the Uniform Commercial Code in force in the State of Texas. The statutory lien provided for rent is not hereby waived, the security interest herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners granted being in addition and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereundersupplementary thereto.

Appears in 1 contract

Samples: Lease Agreement (Omega Research Inc)

LANDLORD'S LIEN. In addition to any applicable common law or statutory lien, none of which are to be deemed waived by Landlord, Landlord shall have have, at all times during the Term of this Leasetimes, and Tenant hereby grants to Landlord, a valid lien for and security interest to secure payment of all rents rentals and other sums of money becoming due hereunder from Tenant, and to secure payment of any damages or loss which Landlord may suffer by reason of the breach by Tenant of any covenant, agreement or condition contained herein, upon all goods, accounts, wares, merchandiseequipment, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant which may hereafter be situated in or upon on the Premises, and all proceeds therefrom, and such property shall not be removed therefrom except in accordance with the terms of this Lease without the approval and consent of Landlord until all arrearages arrearage in rent Rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in fulland all the covenants, agreements and conditions hereof have been fully complied with and performed by Tenant. Landlord covenants and agrees to subordinate the lien granted hereunder to any commercial lender which Tenant grants a security interest. Upon the occurrence of any an Event of Default by Tenant, but subject to Tenant’s lender rights, if any, after the expiration of all stated notice and cure periods, Landlord may, in addition to any other remedies provided herein or by lawherein, peaceably enter upon the Premises and take possession of any and all goods, wares, merchandiseequipment, books and records, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant situated in or upon or with respect to on the Premises Premises, without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property appraisedat the sale, after giving Tenant reasonable notice of time and place of any public sale or of the time after which any private sale is to be made, at which sale Landlord or its assigns may purchase unless otherwise prohibited by law. Unless otherwise provided by law, and without intending to exclude any other manner of giving Tenant reasonable notice, the same and apply requirement of reasonable notice shall be met if such notice is given in the manner prescribed in Article 22 of this Lease at least five (5) days before the time of sale. The proceeds thereoffrom any such disposition, less any and all expenses connected with the taking of possession possession, holding and saleselling of the property (including reasonable attorney's fees and other expenses), shall be applied as a credit against any sums due the indebtedness secured by Tenant, the security interest granted in this Article 34. Any surplus shall be paid to Tenant or as otherwise required by law; and Tenant agrees to shall pay any deficiency deficiencies forthwith. If Landlord takes possession and control of the Premises and operates the sameUpon request by Landlord, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord a financing statement in order form sufficient to perfect the Landlord's lien provided herein or by state lawsecurity interest of Landlord in the aforementioned property and proceeds thereof under the provisions of the Uniform Commercial Code in force in the State of New Jersey. Notwithstanding the foregoing, the parties acknowledge and agree that Tenant’s lender may have superior rights to the property noted herein. Tenant further agrees shall use its best efforts to obtain, within forty-five (45) days of the date hereof, a waiver of all such rights from its lender in this regard, and, failing to obtain such waiver, that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions use its best efforts to its shareholdersobtain from such lender, partnersthe right to grant a subordinated lien to Landlord in such goods, members or other owners and any second only to the lien of such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereunderlender.

Appears in 1 contract

Samples: Celsion CORP

LANDLORD'S LIEN. Landlord shall have at all times during In addition to the Term statutory landlord's lien, Tenant --------------- grants to Landlord, to secure performance of this LeaseTenant's obligations hereunder, a valid lien for all rents and other sums of money becoming due hereunder from Tenant, upon security interest in all goods, accountsinventory, waresequipment, merchandise, inventoryfixtures, furniture, fixturesimprovements, equipmentchattel paper, vehicles accounts, and general intangibles, and other personal property and effects of Tenant now or hereafter situated in on or upon relating to Tenant's use of the PremisesPremises (but excluding all computer hardware and software and any patents, copyrights, trade secrets, and such other intellectual property rights of Tenant), and all proceeds therefrom (the "COLLATERAL"), and the Collateral shall ---------- not be removed therefrom except in accordance with from the terms of this Lease Premises without the approval and consent of Landlord until all arrearages in rent as well as any and all other sums obligations of money then due to Landlord hereunder shall first Tenant have been paid and discharged in fullfully performed. Upon the occurrence of any an Event of Default by TenantDefault, Landlord may, in addition to all other remedies, without notice or demand except as provided below, exercise the rights afforded a secured party under the Uniform Commercial Code of the State in which the Building is located (the "UCC"). In connection with any other remedies provided herein or by law, enter upon the Premises and take possession of any and all goods, wares, merchandise, books and records, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant situated in or upon or with respect to the Premises without liability for trespass or conversion, and sell the same at public or private salesale --- under the UCC, with or without having such property appraised, at which Landlord or its assigns may purchase any shall give Tenant five-days' prior written notice of the same time and apply place of any public sale of the Collateral or of the time after which any private sale or other intended disposition thereof is to be made, which is agreed to be a reasonable notice of such sale or other disposition. All proceeds thereofof any such sale may be applied first to the payment of expenses incurred by Landlord in enforcing the security interests herein granted (including reasonable attorneys' fees and expenses). Tenant grants to Landlord a power of attorney to execute and file any financing statement or other instrument necessary to perfect Landlord's security interest under this Section 27, less any which power is coupled with an interest and all expenses connected with is irrevocable during the taking Term. Landlord may also file a copy of possession and sale, this Lease or this provision as a credit against any sums due by financing statement to perfect its security interest in the Collateral. Upon written request from Tenant, and Tenant agrees Landlord shall review and, if applicable, approve (which approval shall not be unreasonably withheld), documentation subordinating Landlord's contractual lien set forth in this Section 27 to pay any deficiency forthwithspecific credit facilities for the benefit of Tenant. If Landlord takes possession and control of the Premises and operates the sameWhen delivering such request, Tenant shall provide Landlord all information reasonably necessary for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord in order to perfect the Landlord's lien provided herein or by state lawreview including, but not limited to, (a) the name of Tenant's lender, (b) the amount of Tenant's facility, and (c) the purpose of the credit facility. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of DefaultAdditionally, Tenant shall not make any distributions to its shareholders, partners, members or other owners and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to pay all of Landlord's claim for Rent reasonable expenses incurred in connection with such request, including reasonable attorneys' fees and other sums hereunderexpenses.

Appears in 1 contract

Samples: Lease Agreement (Peerless Group Inc)

LANDLORD'S LIEN. In addition to the statutory landlord's lien, Landlord shall have have, at all times during the Term of this Leasetimes, a valid lien for security interest to secure payment of all rents rentals and other sums of money becoming due hereunder from Tenant, and to secure payment of any damages or loss which Landlord may suffer by reason of the breach by Tenant of any covenant, agreement or condition contained herein, upon all goods, accounts, wares, merchandiseequipment, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant presently or which may hereafter be situated in or upon on the Premisespremises, and all proceeds therefrom, and such property shall not be removed therefrom except in accordance with the terms of this Lease without the approval and consent of Landlord until all arrearages in rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in fulland all the covenants, agreements and conditions hereof have been fully complied with and performed by Tenant. Upon the occurrence of any Event event of Default default by Tenant, Landlord may, in addition to any other remedies provided herein or by lawherein, enter upon the Premises premises and take possession of any and all goods, wares, merchandiseequipment, books and records, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant situated in or upon or with respect to on the Premises premises, without liability for trespass or conversion, conversion and sell the same at public or private sale, with or without having such property appraisedat the sale, after giving Tenant reasonable notice of the time and place of any public sale or of the time after which any private sale is to be made, at which sale the Landlord or its assigns may purchase unless otherwise prohibited by law. Unless otherwise provided by law, and without intending to exclude any other manner of giving Tenant reasonable notice, the same and apply requirement of reasonable notice shall be met if such notice is given in the manner prescribed in paragraph 29 of this lease at least fifteen (15) days before the time of sale. The proceeds thereoffrom any such disposition, less any and all expenses connected with the taking of possession possession, holding and saleselling of the property (including reasonable attorneys' fees and other expenses), shall be applied as a credit against any sums due the indebtedness secured by Tenant, the security interest granted in this paragraph 26. Any surplus shall be paid to Tenant or as otherwise required by law; and the Tenant agrees to shall pay any deficiency deficiencies forthwith. If Landlord takes possession and control of the Premises and operates the sameUpon request by Landlord, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord a financing statement in order form sufficient to perfect the Landlord's security interest of Landlord in the aforementioned property and proceeds thereof under the provisions of the Uniform Commercial Code in force in the State of Texas. The statutory lien provided for rent is not hereby waived, the security interest herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners granted being in addition and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereundersupplementary thereto.

Appears in 1 contract

Samples: Lease Agreement (Pharmchem Laboratories Inc)

LANDLORD'S LIEN. Landlord shall not be entitled to and hereby disclaims any lien to which Landlord may otherwise be entitled on any inventory now or hereafter located at the Premises or on any property of Tenant's on which Tenant has granted or, as part of the Plan of Reorganization, is required to xxxxx x xxxx to another party and the terms of the agreements with such other party prohibit the granting of a subordinate lien to Landlord (the "EXCLUDED PROPERTY"). Landlord shall have at a landlord's lien on all times during property of Tenant on the Term Premises other than the Excluded Property. In addition to the statutory landlord's lien, Tenant grants to Landlord, to secure performance of this LeaseTenant's obligations hereunder, a valid lien for security interest in all rents and other sums of money becoming due hereunder from Tenantequipment, upon all goods, accounts, wares, merchandise, inventoryfixtures, furniture, fixturesimprovements, equipment, vehicles and other personal property and effects of Tenant situated in or upon on the Premises, other than the Excluded Property. Landlord acknowledges and such agrees that any lien to which Landlord is entitled on Tenant's property at the Premises that does not constitute Excluded Property shall be subordinate to (I) any lien now or hereafter granted by Tenant to a third party as purchase money financing; or (ii) any lien now existing or hereafter granted by Tenant as part of the Plan of Reorganization in all equipment and trade fixtures, of Tenant now or hereafter situated on the Premises (collectively, the "Third Party Liens"), and all proceeds therefrom (the "COLLATERAL"), and, subject to the rights of the beneficiaries of the "Third Party Liens, the Collateral shall not be removed therefrom except in accordance with from the terms of this Lease Premises without the approval and consent of Landlord until all arrearages in rent as well as any and all other sums obligations of money then due to Landlord hereunder shall first Tenant have been paid and discharged in fullfully performed. Upon the occurrence of any an Event of Default by TenantDefault, Landlord may, in addition to all other remedies, without notice or demand except as provided below, exercise the rights afforded a secured party under the Texas Uniform Commercial Code (the "UCC"). In connection with any other remedies provided herein or by law, enter upon the Premises and take possession of any and all goods, wares, merchandise, books and records, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant situated in or upon or with respect to the Premises without liability for trespass or conversion, and sell the same at public or private salesale under the UCC, with or without having such property appraised, at which Landlord or its assigns may purchase any shall give Tenant ten (10) days' prior written notice of the same time and apply the proceeds thereof, less place of any and all expenses connected with the taking of possession and sale, as a credit against any sums due by Tenant, and Tenant agrees to pay any deficiency forthwith. If Landlord takes possession and control public sale of the Premises and operates Collateral or of the sametime after which any private sale or other intended disposition thereof is to be made, Tenant shall for so long as Landlord which is actively operating the Premises, have no obligation agreed to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure a reasonable notice of security interests such sale or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary theretodisposition. Tenant agrees grants to Landlord a power of attorney to execute and deliver file any financing statement or other instrument necessary to Landlord from time to time perfect Landlord's security interest under this Section, which power is coupled with an interest and shall be irrevocable during the Term Term. Landlord may also file a copy of this Lease such Financing Statements as may be required by Landlord in order a financing statement to perfect its security interest in the Landlord's lien provided herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereunderCollateral.

Appears in 1 contract

Samples: Lease Agreement (Zale Corp)

LANDLORD'S LIEN. In addition to the statutory Landlord's lien, Landlord shall have have, at all times during the Term of this Leasetimes, a valid lien for security interest to secure payment of all rents rentals and other sums of money becoming due hereunder from Tenant, and to secure payment of any damages or loss which Landlord may suffer by reason of breach by Tenant of any covenant, agreement or condition contained herein, upon all goods, accounts, wares, merchandiseequipment, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant but excluding the financial portfolios of Tenant's customers presently, or which may hereafter be situated in or upon on the Premisesdemised premises, and all proceeds therefrom, and such property shall not be removed therefrom except in accordance with the terms of this Lease without the approval and consent of the Landlord until all arrearages in rent rent, as well as any and all other sums of money then due to Landlord hereunder hereunder, shall first have been paid and discharged in fulldischarges and all the covenants, agreements and conditions hereof have been fully complied with and performed by Tenant. Upon the occurrence of any Event an event of Default default by Tenant, Landlord may, in addition to any other remedies provided herein or by lawherein, enter upon the Premises demised premises and take possession of any and all goods, wares, merchandiseequipment, books and records, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant but excluding the financial portfolios of Tenant's customers situated in or upon or with respect to on the Premises premises, without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property appraisedat the sale, after giving Tenant reasonable notice of the time and place of any public sale or of the time after which any private sale is to be made, at which sale Landlord or its assigns may purchase purchase, unless otherwise prohibited by law. Unless otherwise provided by law, and without intending to exclude any other manner of giving Tenant reasonable notice, the same and apply requirement of reasonable notice shall be met if such notice is given in the manner prescribed in Paragraph 30 of this lease at least five (5) days before the time of sale. The proceeds thereoffrom any such disposition, less any and all expenses connected with the taking of possession possession, holding and saleselling of the property (including reasonable attorneys' fees and other expenses), shall be applied as a credit against any sums due the indebtedness secured by Tenant, the security interest granted in this paragraph. Any surplus shall be paid to Tenant or as otherwise required by law; and Tenant agrees to shall pay any deficiency deficiencies forthwith. If Landlord takes possession and control of the Premises and operates the same, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The Landlord's statutory lien for rent, if any, rent is not hereby waived and waived, the express contractual lien security interest herein granted is being in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord in order to perfect the Landlord's lien provided herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereunder26.

Appears in 1 contract

Samples: Office Lease Agreement (Friedman Industries Inc)

LANDLORD'S LIEN. Tenant hereby grants to Landlord shall have at a lien and security interest (herein "Lien") , as security for payment of all times during the Term obligations of this Lease, a valid lien for all rents and other sums of money becoming due hereunder from TenantTenant hereunder, upon all goodstangible and intangible personal property of Tenant, accountsincluding, wareswithout limitation, merchandiseall equipment, inventorytrade fixtures, raw materials, work-in-process and inventory (and the proceeds thereof) within the Leased Premises, including all improvements, furniture, trade fixtures, equipment, vehicles merchandise and other personal property and effects of Tenant situated at any time placed on or in or upon the Leased Premises, to the full extent of Tenant's interest therein, and all accounts, chattel paper and other general intangibles of Tenant. The Lien shall include the right to prevent removal of said property from the Leased Premises and may be enforced in the event of a Default, by the re-entry, taking and sale of such property property. Sale shall not be removed either public or private after at least three (3) days notice to Tenant at its last known address, which notice Tenant acknowledges to be commercially reasonable notice, and Landlord shall have the right and privilege to be a purchaser at any such sale. Upon request, Tenant shall provide a complete list of its creditors and indebtedness or otherwise do whatever may be necessary or appropriate to pass good and legal title under any such sale. Any and all proceeds obtained therefrom except in accordance with shall be applied first to the costs of sale, including reasonable attorneys' fees, then to any interest accrued and payable under the terms of this Lease without the approval and consent for nonpayment of Landlord until all arrearages Base Rent, Additional Rent and/or any other charges. Sale or retention under this Lien shall not be deemed to waive, alter, limit or affect in rent as well as any and all other sums of money then due to Landlord hereunder manner whatsoever, but shall first have been paid and discharged in full. Upon the occurrence of any Event of Default by Tenant, Landlord may, be in addition to to, any other remedies provided herein available to Landlord upon non-payment of rent or by law, enter upon the Premises and take possession of any and all goods, wares, merchandise, books and records, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant situated in charges under this Lease or upon or with respect to the Premises without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property appraised, at which Landlord or its assigns may purchase any of the same and apply the proceeds thereof, less any and all expenses connected with the taking of possession and sale, as a credit against any sums due by Tenant, and Tenant agrees to pay any deficiency forthwithotherwise. If Landlord takes possession and control of the Premises and operates the same, Tenant shall for so long as Landlord is actively operating the Premisesexecute, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required time, any financing statements or other documents requested by Landlord in order to evidence or perfect the Landlord's lien provided herein Lien or by state law. Tenant further agrees that during an Event of Default or to assign the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate Lien to Landlord's claim for Rent mortgagee or mortgagees. Tenant does hereby irrevocably appoint Landlord as its lawful attorney-in-fact, with full authority and right to execute and deliver any UCC financing statement, continuation statement or other sums hereunderdocument necessary to record, perfect, and continue the security interest herein granted and to give bills and/or receipts of sale therefore.

Appears in 1 contract

Samples: Lease Agreement (Rockwell Medical Technologies Inc)

LANDLORD'S LIEN. In addition to the statutory landlord's lien, Landlord shall have at all times during the Term of this Lease, a valid lien for security interest to secure payment of all rents rent and other sums of money becoming due hereunder from Tenant, and to secure payment of any damages or loss which Landlord may suffer by reason of the breach by Tenant of any covenant, agreement or condition contained herein, upon all goods, accounts, wares, merchandiseequipment, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant presently, or which may hereafter be, situated in or upon on the Premises, and all proceeds therefrom, and such property shall not be removed therefrom except in accordance with the terms of this Lease without the approval and consent of Landlord until all arrearages in rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in fulland all the covenants, agreements and conditions hereof have been fully complied with and performed by Tenant. Upon the occurrence of any Event an event of Default default by Tenant, Landlord may, may in addition to any other remedies provided herein or under the Uniform Commercial Code as adopted by lawthe state in which the Premises are located (including without limitation Texas section 9.505(b) or its equivalent), enter upon the Premises and take possession of any and all goods, wares, merchandiseequipment, books and records, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant situated in or upon or with respect to on the Premises Premises, without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property appraisedat the sale, after giving Tenant reasonable notice of the time and place of any public sale or of the time after which any private sale is to be made, at which sale the Landlord or its assigns may purchase unless otherwise prohibited by law. Unless otherwise provided by law, and without intending to exclude any other manner of giving Tenant reasonable notice, the requirement of reasonable notice shall be met if such notice is given in the manner prescribed in this Lease at least ten (10) days before the time of sale. Any sale made pursuant to the provisions of this paragraph shall be deemed to have been a public sale conducted in a commercially reasonable manner if held in the above described Premises or where the property is located after the time, place and method of sale and a general description of the same and apply types of property to be sold have been advertised in a daily newspaper published in the county in which the Premises are located for five consecutive days before the date of the sale. The proceeds thereoffrom any such disposition, less any and all expenses connected with the taking of possession possession, holding and saleselling of the property (including reasonable attorney's fees and legal expenses), shall be applied as a credit against any sums due the indebtedness secured by Tenant, and the security granted in this paragraph. Any surplus shall be paid to Tenant agrees to pay any deficiency forthwith. If Landlord takes possession and control of the Premises and operates the same, Tenant shall for so long or as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided otherwise required by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary theretoTenant shall pay any deficiencies forthwith upon request or demand by Landlord. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord a financing statement in order form sufficient to perfect the Landlord's security interest of Landlord in the aforementioned property and proceeds thereof under the provisions of the Uniform Commercial Code in force in the state in which the Premises are located. The statutory lien provided for rent is not hereby waived, the security interest herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners granted being in addition and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereundersupplementary thereto.

Appears in 1 contract

Samples: Lease Agreement (Essxsport Corp)

LANDLORD'S LIEN. In addition to any statutory landlord's lien, Landlord shall have have, and Tenant does hereby grant to Landlord, at all times during the Term of this Leasetimes, a valid security interest and lien for to secure payment of all rents rent and other sums of money becoming due hereunder from Tenant, and to secure payment of any damages or loss which Landlord may suffer by reason of the breach by Tenant of any covenant, agreement or condition contained herein, upon all goods, accountsequipment, wares, merchandise, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant presently, or which may hereinafter be situated in or upon within the Demised Premises, and all proceeds therefrom, and such property shall not be removed therefrom except in accordance with from the terms of this Lease Demised Premises without the approval and consent of Landlord until all arrearages in rent rent, as well as any and all other sums of money then due to Landlord hereunder hereunder, shall first have been paid and discharged in full. Upon and all the occurrence of any Event of Default covenants, agreements and conditions hereof have been fully complied with and performed by Tenant. In the event of a default by Tenant hereunder, Landlord may, in addition to any other remedies provided herein or by lawelsewhere herein, enter upon the Demised Premises and take possession of any and all goods, waresequipment, merchandise, books and records, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant situated in or upon or with respect to within the Premises Demised Premises, without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property appraisedat the sale, after giving Tenant reasonable notice of the time and place of any public sale or of the time after which any private sale is to be made, at which sale the Landlord or its assigns may purchase any of such property unless otherwise prohibited by law. Unless otherwise provided by law, and without intending to exclude any other manner of giving Tenant reasonable notice, the same and apply requirement of reasonable notice shall be met if such notice is given in the manner prescribed in Paragraph 27 of this Lease at least ten (10) days before the time of sale. The proceeds thereoffrom any such disposition, less any and all expenses connected with the taking of possession possession, holding and sale, selling of the property (including reasonable attorneys' fees and legal expenses) shall be applied as a credit against any sums due the indebtedness secured by Tenantthe security interest and lien granted in this paragraph. Any surplus shall be paid by Tenant or as otherwise required by law, and Tenant agrees to shall pay any deficiency deficiencies forthwith. If Landlord takes possession and control of the Premises and operates the sameUpon request by Landlord, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord a financing statement in order form sufficient to perfect the Landlord's security interest of Landlord in the aforementioned property and proceeds thereof under the provisions of the Uniform Commercial Code in force in the State of Texas. Any statutory lien provided for rent is not hereby waived, the security interest herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners granted being in addition and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereundersupplementary thereto.

Appears in 1 contract

Samples: Lease Agreement (Woodhaven Homes Inc)

LANDLORD'S LIEN. In addition to the statutory landlord's lien, Landlord shall have have, at all times during the Term of this Leasetimes, and Tenant hereby grants to Landlord, a valid lien for security interest to secure payment of all rents rental and other sums of money becoming due hereunder from Tenant, and to secure payment of any damages or loss which Landlord may suffer by reason of the breach by Tenant of any covenant, agreement or condition contained herein, upon all goods, accounts, wares, merchandiseequipment, inventoryfixtures, furniture, fixturesimprovement, equipment, vehicles and other personal property and effects of Tenant presently or which may hereafter be situated in or upon on the Premises, and all proceeds therefrom, and such property shall not be removed therefrom except in accordance with the terms of this Lease without the approval and consent of the Landlord until all arrearages in rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in fulland all the covenants, agreements and conditions hereof have been fully complied with and performed by Tenant. Upon the occurrence of any Event event of Default default by Tenant, Landlord may, in addition to any other remedies provided herein or by lawherein, enter upon the Premises and take possession of any and all goods, wares, merchandiseequipment, books and records, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant situated in or upon or with respect to on the Premises Premises, without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property appraisedat the sale, after giving Tenant reasonable notice of the time and place of any public sale, or of the time after which any private sale is to be made, at which sale Landlord or its assigns may purchase unless otherwise prohibited by law. Unless otherwise provided by law, and without intending to exclude any other manner of giving Tenant reasonable notice, the same and apply requirement of reasonable notice shall be met if such notice is given in the manner described in Paragraph 28 of this lease at least five (5) days before the time of sale. The proceeds thereoffrom any such disposition, less any and all expenses connected with the taking of possession possession, holding and saleselling of the property (including reasonable attorney's fees and other expenses), shall be applied as a credit against any sums due the indebtedness secured by Tenant, the security interest granted in this Paragraph 23. Any surplus shall be paid to Tenant or as otherwise required by law; and Tenant agrees to shall pay any deficiency deficiencies forthwith. If Landlord takes possession and control of the Premises and operates the sameUpon request by Landlord, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord a financing statement in order form sufficient to perfect the Landlord's security interest of Landlord in the aforementioned property and proceeds thereof under the provisions of the Uniform Commercial Code in force in the State of Texas. The statutory lien provided for rent is not hereby waived, the security interest herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners granted being in addition and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereundersupplementary thereto.

Appears in 1 contract

Samples: Lease Agreement (Pervasive Software Inc)

LANDLORD'S LIEN. In addition to the statutory Landlord's lien, Landlord shall have have, at all times during the Term of this Leasetimes, and Tenant hereby grants to Landlord, a contractual Landlord's lien and a valid lien for security interest to secure payment of all rents rentals and other sums of money becoming due hereunder from Tenant, and to secure payment loss which Landlord may suffer by reason of the breach by Tenant of any damages or covenant, agreement or condition contained herein, upon all goods, accounts, wares, merchandiseequipment, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant presently or which may hereafter be situated in or upon on the Premisespremises, and all proceeds therefrom, and such property shall not be removed therefrom except in accordance with the terms of this Lease without the approval and consent of Landlord until all arrearages in rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in fulland all the covenants, agreements and conditions hereof have been fully complied with and performed by Tenant. Upon the occurrence of any Event an event of Default default by Tenant, Landlord may, in addition to any other remedies provided herein or by lawherein, enter upon the Premises premises and take possession of any and all goods, wares, merchandiseequipment, books and records, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant situated in or upon or with respect to on the Premises premises, without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property appraisedat the sale, after giving Tenant reasonable notice of the time and place of any public sale or of the time after which any private sale is to be made, at which sale Landlord or its assigns may may, pursuant to its contractual Landlord's lien or its security interest, purchase unless otherwise prohibited by law. Unless otherwise provided by law, and without intending to exclude any other manner of giving Tenant reasonable notice, the same and apply requirements of reasonable notice shall be met if such notice is given in the manner prescribed in Paragraph 29 of this lease at least five (5) days before the time of sale. The proceeds thereoffrom any such disposition, less any and all expenses connected with the taking of possession possession, holding and saleselling of the property (including reasonable attorney's fees and other expenses), shall be applied as a credit against any sums due the indebtedness secured by Tenant, the security interest granted in this Paragraph 22. Any surplus shall be paid to Tenant or as otherwise required by law; and Tenant agrees to shall pay any deficiency deficiencies forthwith. If Landlord takes possession and control of the Premises and operates the sameUpon request by Landlord, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord Landlofd a financing statement in order form sufficient to perfect the security interest of Landlord in the aforementioned property and proceeds thereof under the provisions of the Uniform Commercial Code in force in the State of Texas. The statutory lien for rent is not hereby waived, the contractual Landlord's lien provided and the security interest herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners granted being in addition and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereundersupplementary thereto.

Appears in 1 contract

Samples: Office Building Lease Agreement (Rackspace Com Inc)

LANDLORD'S LIEN. 22.1. Subordinate to any equipment acquisition financing, Tenant grants to Landlord shall have at all times during a lien upon and a security interest in, as security for the Term performance of this LeaseTenant's obligations, a valid lien for all rents and other sums of money becoming due hereunder from Tenant, upon all goods, accounts, wares, merchandise's existing or hereafter acquired personal property, inventory, furniture, fixtures, equipment, vehicles equipment and other personal property and effects of Tenant situated assets which are located in the Premises or upon the Premises, and such property shall not be removed therefrom except used in accordance connection with the terms business to be conducted in the Premises (hereinafter collectively called "Personal Property"). Such lien shall be in addition to all rights of this Lease without the approval distraint available under applicable law. Within fifteen (15) days after Landlord's request, Tenant shall execute, acknowledge and consent of Landlord until all arrearages in rent as well as any and all other sums of money then due deliver to Landlord hereunder shall first have been paid a financing statement and discharged any other document submitted to Tenant evidencing or establishing such lien and security interest. During any period Tenant is in full. Upon the occurrence of any Event of Default by Tenantunder this Lease, Landlord mayTenant shall not sell, in addition to any other remedies provided herein transfer or by law, enter upon remove from the Premises such Personal Property. Landlord may at any time after Event of Default in the payment of rent or Event of Default of other obligations, seize and take possession of any and all goodsPersonal Property belonging to Tenant which may be found in and upon the Premises. If Tenant fails to redeem the Personal Property so seized, waresby payment of whatever sum may be due Landlord under and by virtue of the provisions of this Lease, merchandisethen and in that event, books and recordsLandlord shall have the right, inventoryafter twenty (20) days' written notice to Tenant of its intention to do so, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant situated in or upon or with respect to the Premises without liability for trespass or conversion, and sell the same such Personal Property so seized at public or private sale and upon such terms and conditions as to Landlord may appear advantageous, and after the payment of charges incident to such sale, with or without having such property appraisedincluding storage charges if any, at which Landlord or its assigns may purchase any of the same and apply the proceeds thereofthereof to the payment of any balance due to Landlord on account of rent or other obligations of Tenant pursuant to this Lease. In the event there shall then remain in the hands of Landlord any balance realized from the sale of said Personal Property as aforesaid, less any and all expenses connected with the taking same shall be paid over to Tenant. The exercise of possession and sale, as a credit against any sums due the foregoing remedy by Tenant, and Landlord shall not relieve or discharge Tenant agrees to pay from any deficiency forthwith. If owed to Landlord takes possession and control of that Landlord has the Premises and operates the same, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation right to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in enforce pursuant to any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term provisions of this Lease such Financing Statements as may be required by Landlord in order to perfect the Landlord's lien provided herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereunderLease.

Appears in 1 contract

Samples: Sideware Systems Inc

LANDLORD'S LIEN. In addition to any statutory lien for Rent in Landlord’s favor, Landlord shall have at all times during the Term of this Lease, and Tenant hereby grants to Landlord a valid lien continuing security interest for all rents rentals and other sums of money becoming due hereunder from Tenant, upon all goods, accounts, wares, merchandiseequipment, fixtures, furniture, inventory, furnitureaccounts, fixturescontract rights, equipmentreceivables, vehicles chattel paper and other personal property and effects of Tenant situated in or upon on the Leased Premises, and such property shall not be removed therefrom except in accordance with the terms of this Lease there from without the approval and consent of Landlord until all arrearages arrearage in rent Rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in fulldischarged. Upon In the occurrence event of any Event of Default by Tenanta default under this Lease, Landlord mayshall have, in addition to any other remedies provided herein or by law, enter upon all rights and remedies under the Premises Texas Business and take possession of any and all goodsCommerce Code, wares, merchandise, books and records, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant situated in or upon or with respect including without limitation the right to the Premises without liability for trespass or conversion, and sell the same property described in this paragraph at public or private sale, with or without having such property appraised, at which sale upon ten (10) days notice to Tenant. Tenant hereby authorizes Landlord or its assigns may purchase any to file financing statement(s) in form sufficient to perfect the security interest granted hereunder. Landlord shall have all the rights and remedies of a secured party under the same Texas Business and apply the proceeds thereof, less any Commerce Code and all expenses connected with the taking of possession this lien and sale, as a credit against any sums due by Tenant, and Tenant agrees to pay any deficiency forthwith. If Landlord takes possession and control of the Premises and operates the same, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted security interest may be foreclosed by process of law. The requirement of reasonable notice prior to any sale under Article 9 of the Texas Business and Commerce Code shall be met if such notice is given in the manner prescribed herein at least ten (10) days before the day of sale. Any sale made pursuant to the provisions of this Paragraph shall be deemed to have been a public sale conducted in a commercially reasonable manner if held in the Leased Premises after the time, place and form provided by law method of sale and a general description of the types of property to be sold have been advertised for foreclosure ten (10) consecutive days prior to the date of security interests or sale in any other manner and form provided by lawa daily newspaper published in the county in Texas where the Building is located. The Any statutory lien for rent, if any, Rent is not hereby waived and waived, the express contractual lien herein granted is being in addition thereto and supplementary thereto. Notwithstanding the provisions of this Paragraph 23 to the contrary, if Tenant desires to obtain a loan secured by Tenant’s personal property in the Premises and requests that Landlord execute a lien waiver in connection therewith, Landlord agrees to execute and deliver subordinate its lien rights to the rights of Tenant’s lender pursuant to a lien subordination on Landlord’s standard form, provided that Tenant delivers such request in writing to Landlord from time to time during together with a nonrefundable processing fee in the Term amount of this Lease Five Hundred Dollars ($500.00). Notwithstanding the foregoing, however, if Landlord incurs processing costs (including attorneys’ fees) in connection with any such Financing Statements as may be required by Landlord in order to perfect the Landlord's lien provided herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance whichrequest which exceed Five Hundred Dollars ($500.00), with the passage of time may become an Event of Default, then Tenant shall not make any distributions reimburse Landlord for such excess within three (3) business days following Tenant’s receipt of invoice(s) therefor from Landlord. Nothing in this Article 23.shall permit Tenant to encumber its shareholders, partners, members or other owners and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereunderleasehold interest in the Premises.

Appears in 1 contract

Samples: Lease Agreement (Sulphco Inc)

LANDLORD'S LIEN. In addition to the statutory landlord's lien, --------------- Landlord shall have at all times during the Term of this Lease, a valid lien for security interest to secure payment of all rents rentals and other sums of money becoming due hereunder from Tenant, and to secure payment of any damage or loss which Landlord may suffer by reason of the breach by Tenant of any covenant, agreement or condition contained herein, upon all goods, accounts, wares, merchandiseequipment, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant presently or which may hereafter be situated in or upon the PremisesPremises and all proceeds therefrom, and such property shall not be removed therefrom except in accordance with the terms of this Lease without the approval and consent of Landlord until all arrearages in rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in fulland all the covenants, agreements and conditions hereof have been fully complied with and performed by Tenant. Upon the occurrence of any Event an event of Default default by Tenant, Landlord may, in addition to of any other remedies provided herein or by lawherein, enter upon the Premises and take possession of any and all goods, wares, merchandiseequipment, books and records, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal person property and effects of Tenant situated in or upon or with respect to the Premises Premises, without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property appraisedat the sale, after giving Tenant reasonable notice of the time and place of any public sale or of the time after which any private sale is to made, at which sale(s) Landlord or its assigns may purchase unless otherwise prohibited by law. Unless otherwise provided by law, and without intending to exclude any other manner of giving Tenant reasonable notice, the same and apply requirement of reasonable notice shall be met if such notice is given at least five (5) days before the time of sale. Such notice shall be deemed to be delivered if personally delivered or when deposited in the United States mail, postage prepaid, certified or registered mail (with or without return receipt requested), addressed to the parties hereto at the addresses as shown herein, whether or not actually received. The proceeds thereoffrom any such disposition, less any and all expenses connected with the taking of possession possession, holding and saleselling of the property (including reasonable attorneys' fees and other expenses), shall be applied as a credit against any sums due the indebtedness secured by Tenant, the security interest granted in this paragraph. Any surplus shall be paid to Tenant or as otherwise required by law; and Tenant agrees to shall pay any deficiency deficiencies forthwith. If Landlord takes possession and control of the Premises and operates the sameUpon request by Landlord, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord a financing statement in order form sufficient to perfect the Landlord's security interest of Landlord in aforementioned property and proceeds thereof under the provisions of the Uniform Commercial Code in force in the State of Texas. The statutory lien provided for rent is not hereby waived, the security interest herein or by state lawgranted being in addition and supplementary thereto. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance whichLandlord shall be entitled to file a carbon, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members photographic or other owners reproduction of this lease as a financing statement as is permitted under section 9.402(a) of the Texas Business and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereunderCommerce Code.

Appears in 1 contract

Samples: Office Lease (Turbochef Inc)

LANDLORD'S LIEN. In addition to the statutory Landlord's lien, Tenant hereby grants to Landlord shall have at a security interest to secure payment of all times during the Term of this Lease, a valid lien for all rents rent and other sums of money becoming due hereunder from Tenant, upon all goods, accounts, wares, merchandise, inventory, furnitureequipment, fixtures, equipment, vehicles furniture and other personal property and effects of Tenant situated in or upon the Premisesproperty, and such together with the proceeds from the sale or lease thereof. Such property shall not be removed therefrom except in accordance with the terms of this Lease without the approval and consent of Landlord until all arrearages arrearage in rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in fulldischarged. Upon the occurrence of any Event an event of Default by Tenantdefault, Landlord may, in addition to any other remedies provided herein or by law, enter upon the Premises property and take possession of any and all goods, wares, merchandise, books and records, inventory, furnitureequipment, fixtures, equipment, vehicles furniture and other personal property and effects of Tenant situated in or upon or with respect to on the Premises property without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property appraisedat the sale, after giving Tenant reasonable notice of the time and place of any such sales. Unless otherwise required by law, notice to Tenant of such sale shall be deemed sufficient if given in the manner prescribed in this lease at which least ten (10) days before the time of the sale. Any public sale made under this Article shall be deemed to have been conducted in a commercially reasonable manner if held on the Property or where the property is located, after the time, place and method of sale and general description of the types of property to be sold have been advertised in a daily newspaper published in Dallas County, Texas, for five consecutive days before the date of the sale. Landlord or its assigns may purchase at a public sale and, unless prohibited by law, at a private sale. The proceeds from any of the same and apply the proceeds thereofdisposition dealt with in this Article, less any and all expenses connected with the taking of possession possession, holding and saleselling of the property (including reasonable attorneys' fees and legal expenses(), shall be applied as a credit against any sums due the indebtedness secured by Tenant, and the security interest granted herein. Any surplus shall be paid to Tenant agrees to or as otherwise required by law; Tenant shall pay any deficiency deficiencies forthwith. If Landlord takes possession and control of the Premises and operates the sameUpon request by Landlord, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord a financing statement in order form sufficient to perfect the Landlord's security interest of Landlord in the aforementioned property and proceeds thereof under the provision of the Uniform Commercial Code in force in the State of Texas. The statutory lien provided for rent is expressly reserved; the security interest herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners granted is in addition and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereundersupplementary thereto.

Appears in 1 contract

Samples: Lease Agreement (Pharmaceutical Laboratories Inc)

LANDLORD'S LIEN. Landlord shall have at all times during the Term of this LeaseTerm, a valid lien for all rents and other sums of money becoming due hereunder from Tenant, upon all goods, accounts, wares, merchandise, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant or any Subtenant situated in or upon the PremisesLeased Property, including Tenant Personal Property and any interest of Tenant or Subtenant in FF&E Replacements, but specifically excluding the Excluded Trademarks and the other Excluded Collateral, and such property subject to Landlord’s lien (the “Collateral”) shall not be removed therefrom except in accordance with the terms of this Lease Agreement without the approval and consent of Landlord until all arrearages in rent Rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in full. Upon the occurrence of any Event of Default by Tenant, Landlord may, in addition to any other remedies provided herein or by law, enter upon the Premises and take possession of any and all goods, wares, merchandise, books and records, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant situated in or upon or with respect to the Premises without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property appraised, at which Landlord or its assigns may purchase any of the same and apply the proceeds thereof, less any and all expenses connected with the taking of possession and sale, as a credit against any sums due by Tenant, and Tenant agrees to pay any deficiency forthwith. If Landlord takes possession and control of the Premises and operates the same, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of 60 Master Lease security interests or in any other manner and form provided by law. The statutory lien for rentRent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees and each Subtenant by its signature to this Agreement hereby respectively grants to Landlord a lien and security interest in Tenant’s and Subtenant’s right, title and interest in the Collateral to secure the Tenant’s Obligations. Tenant and Subtenants agree to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord in order to perfect the Landlord's ’s lien provided herein or granted or created by state law. Tenant and each Subtenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant and Subtenants shall not make any distributions to its their shareholders, partners, members or other owners (except Subtenants may make distributions to Tenant) and any such prohibited distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's ’s claim for Rent and other sums hereunder.

Appears in 1 contract

Samples: Master Lease Agreement (Care Investment Trust Inc.)

LANDLORD'S LIEN. Landlord shall have at all times during the Term In addition to any statutory landlord’s lien now in effect or hereafter enacted, Tenant grants to Landlord, to secure performance of this LeaseTenant’s obligations hereunder, a valid lien for all rents security interest in Tenant’s owned furniture and other sums of money becoming due hereunder from Tenantnon-confidential, upon all goods, accounts, wares, merchandise, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant non-proprietary owned equipment situated in or upon the PremisesPremises or the Project, and such property shall not be removed therefrom all proceeds thereof (except merchandise sold in accordance with the terms ordinary course of this Lease without business) (collectively, the approval “Collateral”). Such personalty thus encumbered expressly excludes intellectual property, confidential or proprietary property, inventory, contract rights, accounts receivable and consent of Landlord until all arrearages in rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in fullthe proceeds thereof. Upon the occurrence of any an Event of Default by TenantDefault, Landlord may, in addition to any all other remedies remedies, without notice or demand except as provided herein or by lawbelow, enter upon exercise the rights afforded to a secured party under the Uniform Commercial Code of the state in which the Premises and take possession are located (the OFFICE LEASE AGREEMENT Xxxxxxxx Xxxx Xxxxx, Xxxxxxxx Xxxx, Xxxxxxxxxx Arcutis, Inc. 26 “UCC”). To the extent the UCC requires Landlord to give to Tenant notice of any act or event and all goodssuch notice cannot be validly waived before a default occurs, wares, merchandise, books and records, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant situated in or upon or with respect to the Premises without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property appraised, at which Landlord or its assigns may purchase any then five (5) days’ prior written notice thereof shall be reasonable notice of the same act or event. In order to perfect such security interest, Landlord may file any financing statement or other instrument necessary at Tenant’s expense at the state and apply the proceeds thereof, less any and all expenses connected with the taking of possession and sale, as a credit against any sums due by Tenant, and Tenant agrees to pay any deficiency forthwithcounty Uniform Commercial Code filing offices. If Landlord takes possession and control of the Premises and operates the sameWithin ten (10) days following written request therefor, Tenant shall for execute financing statements to be filed of record to perfect Landlord’s security interest in the Collateral. The landlord’s lien shall survive the expiration or earlier termination of the Lease, until all obligations of Tenant have been fully performed. Notwithstanding the foregoing, however, Landlord shall, at no cost to Landlord, when requested to do so long as by Tenant in writing, execute appropriate documents reasonably acceptable to Landlord is actively operating to subordinate Landlord’s statutory, contractual, common law and other lien rights in and to the Premises, have no obligation Collateral to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in rights of any lenders of Tenant or any third-party lien rights over the manner and form provided by law for foreclosure Collateral that predate the date of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary theretothis Lease. Tenant agrees to execute shall promptly reimburse Landlord on demand for all of Landlord’s costs and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord expenses, including, without limitation, attorneys’ fees and costs, incurred in order to perfect the Landlord's lien provided herein or by state law. Tenant further agrees that during an Event of Default or the pendency connection with its review, negotiation and execution of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereunderdocumentation.

Appears in 1 contract

Samples: Office Lease Agreement (Arcutis Biotherapeutics, Inc.)

LANDLORD'S LIEN. In addition to the statutory Landlord’s Lien, Landlord shall have at all times during the Term of this Leasetimes, a valid lien for security interest to secure payment of all rents rentals and other sums sums, and to secure payment of money becoming due hereunder from Tenantany damages or loss which Landlord may suffer by reason of the breach by Tenant of any covenant, agreement or condition contained herein, upon all goodsequipment, accounts, wares, merchandise, inventoryfixtures, furniture, fixturesimprovement, equipment, vehicles and other personal property and effects of Tenant situated in or upon on the Premises, and all proceeds therefrom, and such property shall not be removed therefrom except in accordance with the terms of this Lease without the approval and consent of the Landlord until all arrearages in rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in fullall the covenants, agreements and conditions hereof have been fully complied with and performed by Tenant. Upon the occurrence of any Event event of Default default by Tenant, Landlord may, in addition to any other remedies provided herein or by lawherein, enter upon the Premises and take possession of any and all goods, wares, merchandiseequipment, books and records, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant situated in or upon or with respect to on the Premises Premises, without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property appraisedat the sale, after giving Tenant notice of the time and place of any public sale, or of the time after which any private sale is to be made, at which sale Landlord or its assigns may purchase unless otherwise prohibited by law. The proceeds from any of the same and apply the proceeds thereofsuch disposition, less any and all expenses connected with the taking of possession possession, holding and saleselling of the property (including reasonable attorney’s fees and other expenses), shall be applied as a credit against any sums due the indebtedness secured by Tenant, the security interest granted in this paragraph. Any surplus shall be paid to Tenant or as otherwise required by law; and Tenant agrees to shall pay any deficiency deficiencies forthwith. If Landlord takes possession and control of the Premises and operates the sameUpon request by Landlord, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord a financing statement in order form sufficient to perfect the security interest of Landlord in the aforementioned property and proceeds thereof under the provisions of the Uniform Commercial Code in force in the State of Texas. The statutory lien for rent is not hereby waived, the security interest herein granted being in addition and supplementary thereto. In the event that Tenant or its lenders require a Landlord's lien provided herein or ’s Lien Subordination, such request for review shall be accompanied by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance whicha $3,000 review fee, with the passage of time and Landlord may become an Event of Default, Tenant grant such but shall not make be required to give any distributions notice, ability to its shareholderscure, partners, members free occupancy period or other owners and any such distributions shall be considered and deemed ability to be fraudulent and preferential and subordinate conduct sales on premises to Landlord's claim for Rent and other sums hereunderTenant’s lender.

Appears in 1 contract

Samples: Lease Agreement (Hippo Holdings Inc.)

LANDLORD'S LIEN. In addition to any statutory lien for rent in Landlord’s favor, subject to the provisions hereof, Landlord shall have at and Tenant hereby grants to Landlord a continuing security interest in all times during the Term of this Lease, a valid lien for all rents rentals and other sums of money becoming which may become due hereunder under this Lease from Tenant, upon all goods, accountsequipment, waresfixtures, merchandisefurniture, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant now or hereafter situated at, on or within the real property described in or upon the PremisesEXHIBIT “A” attached hereto and incorporated herein by reference, and such property shall not be removed therefrom without the consent of Landlord, except in accordance with the terms ordinary course of this Lease without Tenant’s business In the approval and consent event any of Landlord until all arrearages the foregoing described property is removed from the Premises in rent as well as any violation of the covenant in the preceding sentence, the security interest shall continue in such property and all other sums proceeds and products, regardless of money then due to Landlord hereunder shall first have been paid and discharged in fulllocation. Upon the occurrence of any an Event of Default hereunder by Tenant, Landlord may, in addition to any all of Landlord’s other rights and remedies, Landlord shall have all rights and remedies provided herein or by lawunder the Uniform Commercial Code, enter upon including without limitation the Premises and take possession of any and all goods, wares, merchandise, books and records, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant situated in or upon or with respect right to the Premises without liability for trespass or conversion, and sell the same property described in this paragraph at public or private salesale at any time after ten (10) days prior notice by Landlord Tenant hereby agrees to execute such other instruments deemed by Landlord as necessary or desirable under applicable law to perfect more fully the security interest hereby created Landlord and Tenant agree that this Lease and security agreement and EXHIBIT “A” attached hereto serves as a financing statement and that a copy, photograph or other reproduction of this portion of this Lease may be filed of record by Landlord and have the same force and effect as the original This security agreement and financing statement also covers fixtures located at the Premises subject to this Lease and legally described in EXHIBIT “A” attached hereto, and all rents or other consideration received by or on behalf of Tenant in connection with any assignment of Tenant’s interest in this Lease or without having such property appraised, at which Landlord or its assigns may purchase any sublease of the same and apply the proceeds Premises or any part thereof, less and, therefore, may also be filed for record in the appropriate real estate records. It is agreed and understood that the lien the Landlord has as a result of this provision shall be subordinate to any and all expenses connected with the taking of possession and saleliens granted by Tenant to any lender, as a credit against any sums due by Tenantequipment lessor, and Tenant agrees to pay any deficiency forthwith. If or other creditor Landlord takes possession and control of the Premises and operates the same, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute as necessary such commercially reasonable subordination agreements as are requested by Tenant to evidence the subordination described in this provision. In the event that Landlord fails to execute such commercially reasonable subordination agreement within ten (10) business days of receipt of a commercially reasonable agreement, then Landlord shall thereafter forfeit all rights it has under this provision Initial Illegible Date 6/6/96 EXECUTED BY LANDLORD, this 11th day of June, 1996 MET 94, LTD., a Texas Limited Partnership: By: ORI, Inc., a Texas Corporation, General Partner /s/ Xxxxxxx X Xxxxxxxxx By: Xxxxxxx X Xxxxxxxxx Title: President Address: x/x Xxxxxxxx Xxxx Central Texas, Inc. 000 Xxxxxxxx Xxxxxx, Xxxxx 0000, Xxxxxx, XX 00000 EXECUTED BY TENANT, this day of June, 1996 ENCORE ORTHOPEDIC, INC : /s/ Xxxxx X Xxxxx By: Xxxxx X Xxxxx Title: President Address: 0000 Xxxxx Xxxxx Xxxx , Xxxx 000 Xxxxxx, Xxxxx 00000 EXHIBIT “A” - Description of Premises EXHIBIT “B” - Location of Parking EXHIBIT “C” - Additional Provisions EXHIBIT “D” - Form of Letter of Credit EXHIBIT “E” - Sign Plan Initial Illegible Date 6/6/96 FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN MET 94, LTD., AS LANDLORD, AND ENCORE ORTHOPEDICS, INC., AS TENANT To be attached to and deliver to form a part of Lease made the 11th day of June, 1996 (which together with any amendments, modifications and extensions thereof, is hereinafter called the Lease), between Landlord from time to time during and Tenant, covering a total of 52,800 square feet and located at 0000 Xxxxxx Xxxxxxxxx, Xxxxxx, Xxxxx, known as Metric #4. WITNESSETH that the Term of this Lease such Financing Statements is hereby amended as may be required by Landlord in order to perfect the Landlord's lien provided herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereunder.follows:

Appears in 1 contract

Samples: Lease Agreement (DJO Finance LLC)

LANDLORD'S LIEN. In addition to any statutory Landlord's Lien, Landlord shall have have, at all times during the Term of this Leasetimes, a valid lien for security interest to secure payment of all rents Minimum Annual Rental, Additional Rent, and other sums of money becoming due hereunder from Tenant, and to secure payment of any damages or loss which Landlord may suffer by reason of the breach by Tenant of any covenant, agreement or condition contained herein, upon all goods, accounts, wares, merchandiseequipment, inventoryfixtures, furniture, fixturestypes, equipment, vehicles improvements and other personal property and effects of Tenant presently or which may hereinafter be situated in or upon the Demised Premises, and all proceeds therefrom, and such property shall not be removed therefrom except in accordance with the terms of this Lease without the approval and consent of Landlord until all arrearages in rent as well as any Minimum Annual Rental, Additional Rent, and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in fulland all of the covenants, agreements, and conditions hereof have been fully complied with and performed by Tenant. Upon In consideration of this Lease, upon the occurrence of any Event event of Default default by Tenant, Landlord may, in addition to any other remedies provided herein or by lawherein, enter upon the Demised Premises and take possession of any and all goods, wares, merchandiseequipment, books and records, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant situated on or in or upon or with respect to the Premises Demised Premises, without liability for trespass or conversionconversation, and sell the same at public or private sale, with or without having such property appraisedat the sale, after giving Tenant reasonable notice of the time and place of any public sale or of the time after which any private sale is to be made, at which sale the Landlord or its assigns may purchase the above described Property unless otherwise prohibited by law. Unless otherwise provided by law, and without intending to exclude any other manner of giving Tenant reasonable notice, the same and apply requirement of reasonable notice shall be met if such notice is given in the manner proscribed in Paragraph 20 of this Lease at least five (5) days before the time of sale. The proceeds thereoffrom any such disposition, less any and all expenses connected with the taking of possession and sale, selling of the property (including reasonable attorney's fees and other expenses) shall be applied as a credit against any sums due the indebtedness secured by Tenantthe security interest granted in this Paragraph 29. Any surplus shall be paid to Tenant or as otherwise required by law, and Tenant agrees to shall pay any deficiency forthwithdeficiencies upon demand. If Landlord takes possession and control of the Premises and operates the sameUpon request by Landlord, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord a financing statement in order form sufficient to perfect the Landlord's security interest of Landlord in the aforementioned property and proceeds thereof under the provisions of the uniform Commercial Code in force in the State of Florida. Any statutory lien provided herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent is not hereby waived, the security interest herein granted being in addition and other sums hereundersupplementary thereto.

Appears in 1 contract

Samples: Memorandum of Agreement (National Auto Finance Co Inc)

LANDLORD'S LIEN. Tenant hereby grants to Landlord shall have at a lien and security interest on all times during the Term of this Lease, a valid lien for all rents and other sums of money becoming due hereunder from Tenant, upon all goods, accounts, wares, merchandise, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant situated now or hereafter placed in or upon the Premises, and such property shall be and remain subject to such lien and security interest of Landlord for payment of all Rent and other sums agreed to be paid by Tenant herein. This lien shall also secure payment of any damages or loss which Landlord may suffer by reason of the breach by Tenant of any covenant, agreement or condition contained herein, upon all goods, wares, equipment, fixtures, furniture, improvements and other personal property of Tenant presently or which may hereinafter be situated in the Premises, and all proceeds therefrom, and such property shall not be removed therefrom except in accordance with the terms of this Lease without the approval and consent of Landlord until all arrearages in rent Rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in fulland all of the covenants, agreements, and conditions hereof have been fully complied with and performed by Tenant. Upon In consideration of this Lease, upon the occurrence of any Event an event of Default default by Tenant, Landlord may, in addition to any other remedies provided herein or by lawherein, enter upon the Premises and take possession of any and all goods, wares, merchandiseequipment, books and records, inventoryfixtures, furniture, fixturesimprovements, equipment, vehicles and other personal property and effects of Tenant situated on or in or upon or with respect to the Premises Premises, without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property appraisedat the sale, after giving Tenant reasonable notice of the time and place of any public sale or of the time after which any private sale is to be made, at which sale Landlord or its assigns may purchase unless otherwise prohibited by law. Unless otherwise provided by law, and without intending to exclude any other manner of giving Tenant reasonable notice, the same and apply requirement of reasonable notice shall be met if such notice is given in the manner prescribed in Section 34 of this Lease dealing with “Notices” in this Lease at least five (5) days before the time of sale. The proceeds thereoffrom any such disposition, less any and all expenses connected with the taking of possession possession, holding and saleselling of the property (including reasonable attorney’s fees and other expenses), shall be applied as a credit against any sums due the indebtedness secured by Tenantthe security interest granted in this Section 21. Any surplus shall be paid to Tenant or as otherwise required by law, and Tenant agrees to shall pay any deficiency deficiencies forthwith. If Landlord takes possession and control of the Premises and operates the sameUpon request by Landlord, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord a financing statement in order form sufficient to perfect the Landlord's lien provided herein or by state law. Tenant further agrees that during an Event security interest of Default or Landlord in the pendency aforementioned property and proceeds thereof under the provisions of any event or circumstance which, with the passage Uniform Commercial Code in force in the State of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereunderFlorida.

Appears in 1 contract

Samples: Office Lease (Marpai, Inc.)

LANDLORD'S LIEN. In addition to any applicable common law or statutory lien, none of which are to be deemed waived by Landlord, Landlord shall have have, at all times during the Term of this Leasetimes, and Tenant hereby grants to Landlord, a valid lien for and security interest to secure payment of all rents rentals and other sums of money becoming due hereunder from Tenant, and to secure payment of any damages or loss which Landlord may suffer by reason of the breach by Tenant of any covenant, agreement or condition contained herein, upon all goods, accounts, wares, merchandiseequipment, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant which may hereafter be situated in or upon on the Premises, and all proceeds therefrom, and such property shall not be removed therefrom except in accordance with the terms of this Lease without the approval and consent of Landlord until all arrearages arrearage in rent Rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in fulland all the covenants, agreements and conditions hereof have been fully complied with and performed by Tenant. Upon the occurrence of any an Event of Default by Tenant, but subject to Tenant’s lender rights, if any, after the expiration of all stated notice and cure periods, Landlord may, in addition to any other remedies provided herein or by lawherein, peaceably enter upon the Premises and take possession of any and all goods, wares, merchandiseequipment, books and records, inventoryfixtures, furniture, fixtures, equipment, vehicles improvements and other personal property and effects of Tenant situated in or upon or with respect to on the Premises Premises, without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property appraisedat the sale, after giving Tenant reasonable notice of time and place of any public sale or of the time after which any private sale is to be made, at which sale Landlord or its assigns may purchase unless otherwise prohibited by law. Unless otherwise provided by law, and without intending to exclude any other manner of giving Tenant reasonable notice, the same and apply requirement of reasonable notice shall be met if such notice is given in the manner prescribed in Article 28 of this Lease at least five (5) days before the time of sale. The proceeds thereoffrom any such disposition, less any and all expenses connected with the taking of possession possession, holding and saleselling of the property (including reasonable attorneys’ fees and other expenses), shall be applied as a credit against any sums due the indebtedness secured by Tenant, the security interest granted in this Article 23. Any surplus shall be paid to Tenant or as otherwise required by law; and Tenant agrees to shall pay any deficiency deficiencies forthwith. If Landlord takes possession and control of the Premises and operates the sameUpon request by Landlord, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required by Landlord a financing statement in order form sufficient to perfect the Landlord's security interest of Landlord in the aforementioned property and proceeds thereof under the provisions of the Uniform Commercial Code in force in the State of Texas. Landlord covenants and agrees to subordinate the lien provided herein granted hereunder to any commercial, institutional or by state lawventure lender which Tenant grants a security interest in Tenant’s property upon request of Tenant. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of DefaultAccordingly, Tenant shall not make any distributions agrees to its shareholders, partners, members or other owners and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to execute a mutually acceptable form of Landlord's claim for Rent and other sums hereunder’s subordination agreement which includes reasonable lender access rights.

Appears in 1 contract

Samples: SolarWinds, Inc.

LANDLORD'S LIEN. If Tenant elects to use any portion of the Equipment Allowance for the purchase of Funded Equipment, Landlord shall have at all times during the Term of this Lease, have a valid lien for all rents and other sums of money becoming due hereunder from Tenant, first priority security interest (“Security Interest”) upon all goodsof the Funded Equipment, accounts, wares, merchandise, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant any replacements thereof or additions thereto which may hereafter be situated in or upon the Premises, and such property all proceeds therefrom (collectively, the “Collateral”), which Security Interest shall not secure payment of all Rent, and secure payment of any damages or loss which Landlord may suffer by reason of any default by Tenant of any covenant, agreement or conditions contained in this Lease. Once the Equipment Allowance has been repaid in full, the Security Interest will be removed therefrom except in accordance with automatically extinguished and the terms of this Section 42 will no longer apply to the Collateral. Nothing in this Lease will be construed or is intended to create any security interest in any of Tenant’s property other than as specifically set forth herein, and Landlord acknowledges and agrees that Landlord has no security interest or other interest in any of Tenant’s work product, products or intellectual property of any kind. Under no circumstances shall any of the Collateral be removed from the Premises without the approval and prior written consent of Landlord unless and until all arrearages in rent as well as any and all other sums of money then due to Landlord hereunder Rent shall first have been paid and discharged in fulland all of the covenants, agreements and conditions of this Lease have been fully complied with and fully performed by Tenant. Upon the occurrence of any Event of Default by Tenant, Landlord mayshall have the right, to the extent permitted by law and in addition to any other rights or remedies provided herein or by lawto Landlord in this Lease, to enter upon the Premises and take possession of any and all goods, wares, merchandise, books and records, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant situated in or upon or with respect to the Premises Collateral without liability for trespass or conversionconversion (and Tenant agrees that no such entry shall be deemed to constitute a constructive eviction of Tenant or entitle Tenant to any abatement of Rent), and to sell the same Collateral at a public or private sale (with or without having the Collateral at any such sale); provided, however, that Landlord shall provide to Tenant reasonable notice of the time and place of any public sale of the Collateral or of the date after which the Collateral will be sold pursuant to a private sale, as the case may be; provided, further, however, that the above requirement of reasonable notice shall be deemed met if such notice is given in the manner prescribed in this Lease at least 10 days before the time of the public sale or the date after which a private sale will be made, as applicable. Unless otherwise prohibited by law, Landlord or any of Landlord’s assigns may purchase the Collateral at any such public or private sale, with or without having . Tenant further agrees that any such property appraised, at which Landlord or its assigns may purchase any sale of the same Collateral shall be deemed to have been a public sale conducted in a commercially reasonable manner if such sale is held on or about the Project or at any other location where the Collateral is located after the time, place and apply ***Confidential Treatment Requested method of sale and a general description of the types of Collateral to be sold have been advertised in a daily newspaper published in the county in which the Project is located for 5 consecutive days (or any longer period that may be required by any Legal Requirement) before the date of the sale. The proceeds thereoffrom any such disposition, less any and all expenses connected with the taking of possession possession, holding and sale, selling of the Collateral (including attorneys’ fees actually incurred by Landlord in connection therewith) shall be applied as a credit against the indebtedness secured by the security interest in the Collateral granted in this Section 42. After deducting any sums amounts due under this Lease to Landlord, any surplus shall be paid to Tenant or applied as otherwise required by applicable Legal Requirements. Tenant authorizes Landlord to take any actions necessary to perfect Landlord’s security interest in the Collateral including, without limitation, to duly execute on behalf of Tenant a Financing Statement describing the Collateral and file or cause to be filed the Financing Statement with all appropriate authorities so as to perfect Landlord’s security interest in the Collateral; provided that upon the termination of the Security Interest, Landlord will, upon written request from Tenant, promptly cause such Financing Statement to be removed or record and Tenant agrees to pay any deficiency forthwith. If Landlord takes possession and control of the Premises and operates the same, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary theretoextinguished. Tenant agrees to execute any Financing Statement and/or additional documents and deliver to Landlord from time to time during the Term of this Lease such Financing Statements as may be required take any further actions requested by Landlord in order good faith to evidence, perfect or maintain Landlord’s first priority security interest in the Landlord's lien provided herein or by state lawCollateral. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members change the state where Tenant’s chief executive office is located or other owners change Tenant’s corporate name without providing Landlord with at least 30 days prior written notice thereof. Tenant represents and any such distributions shall be considered warrants that Tenant’s exact legal name and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereunderstate of incorporation is set forth in the preamble on page 1 of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Verenium Corp)

LANDLORD'S LIEN. As security for the performance of Tenant’s obligations, Tenant grants to Landlord shall have at all times during the Term of this Lease, a valid lien for all rents upon and other sums of money becoming due hereunder from a security interest in Tenant, upon all goods, accounts, wares, merchandise’s existing or hereafter acquired personal property, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant situated in or upon the Premises, and such property shall not be removed therefrom except in accordance with the terms of this Lease without the approval and consent of Landlord until all arrearages in rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged in full. Upon the occurrence of any Event of Default by Tenant, Landlord may, in addition to any other remedies provided herein or by law, enter upon the Premises and take possession of any and all goods, wares, merchandise, books and records, inventory, furniturefurnishings, fixtures, equipment, vehicles and other personal property and effects of Tenant situated in or upon or with respect to the Premises without liability for trespass or conversionlicenses, permits, and sell the same at public or private saleall other tangible and intangible property, with or without having such property appraisedassets and accounts, at which Landlord or its assigns may purchase any of the same and apply the all additions, modifications, products and proceeds thereof, less including, without limitation, such tangible property which has been used at the Premises, purchased for use at the Premises, located at any and all expenses connected time in the Premises or used or to be used in connection with the taking business conducted or to be conducted in the Premises, whether or not the same may thereafter be removed from the Premises. Such lien shall be in addition to all rights of possession and sale, as a credit against any sums due by Tenant, and Tenant agrees distraint available under applicable law. Within five (5) days after request from time to pay any deficiency forthwith. If Landlord takes possession and control of the Premises and operates the sametime, Tenant shall for so long as Landlord is actively operating the Premisesexecute, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute acknowledge and deliver to Landlord from time to time during the Term of this Lease a financing statement and any other document evidencing or establishing such Financing Statements as lien and security interest which may be required requested by Landlord in order to perfect Landlord. During the Landlord's lien provided herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the passage of time may become an Event of DefaultLease Term, Tenant shall not make sell, transfer or remove from the Premises any distributions of the aforementioned tangible property without Landlord’s prior written consent, unless the same shall be promptly replaced with similar items of comparable value. In order to further assure Tenant’s performance of its shareholdersobligations under this Lease, partnersTenant covenants that during the Lease Term, members it will not convey or otherwise transfer its assets or permit its assets to be encumbered to the extent that any such conveyance, transfer or encumbrance is not done in the ordinary course of Tenant’s business or would materially and adversely affect the net worth of Tenant. Notwithstanding anything herein to the contrary, said lien shall be subordinated to the rights of any lessor of any equipment or personal property under any equipment lease, the rights of the seller under any conditional sales contract, and to the properly perfected lien of any bona fide third party lender providing financing to Tenant in the ordinary course of Tenant’s business. Landlord also shall, to the extent permitted by law, have (in addition to all other owners rights) a right of distress for rent as security for all Rent, Additional Rent and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereunderpayable under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Gtsi Corp)

LANDLORD'S LIEN. In addition to any statutory lien for rent in Landlord's favor, Landlord (the secured party for purposes hereof) shall have at all times during and Tenant (the Term debtor for purposes hereof) hereby grants to Landlord, subject to the last sentence of this Leaseparagraph, a valid lien continuing security interest for all rents Base Rental, rent and other sums of money becoming due hereunder from Tenant, upon all goods, accounts, wares, merchandiseequipment, fixtures, furniture, inventory, furnitureaccounts, fixturescontract rights, equipment, vehicles chattel paper and other personal property and effects of Tenant situated on the Premises subject to this Lease being described as Suite 500 of the Building, located in or Dallas, Dallas County, Texas (a description of the property in and upon which the PremisesPremises is located and an outline of the Premises are attached hereto as EXHIBIT "A" and EXHIBIT "B" respectively), and such property shall not be removed therefrom except in accordance with the terms of this Lease without the approval and consent of Landlord until all arrearages in rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged discharged. Fixtures located at the Premises and products of collateral are also covered hereby by the filing hereof in fullthe real property records of Dallas County, Texas. Upon In the occurrence event of any Event of Default by Tenanta default under this Lease, Landlord mayshall have, in addition to any other remedies provided herein or by law, enter upon all rights and remedies under the Premises and take possession of any and all goodsUniform Commercial Code, wares, merchandise, books and records, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of Tenant situated in or upon or with respect including without limitation the right to the Premises without liability for trespass or conversion, and sell the same property described in this Paragraph at public or private sale, with or without having such property appraised, at sale upon ten (10) days notice to Tenant which Landlord or its assigns may purchase any of the same notice Tenant hereby agrees is adequate and apply the proceeds thereof, less any and all expenses connected with the taking of possession and sale, as a credit against any sums due by Tenant, and reasonable. Tenant hereby agrees to pay any deficiency forthwithexecute such other instruments necessary or desirable in Landlord's discretion to perfect the security interest hereby created. If Landlord takes possession and control of the Premises and operates the same, Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The Any statutory lien for rent, if any, rent is not hereby waived and waived, the express contractual lien herein EXHIBIT 10.6 granted is being in addition thereto and supplementary thereto. Landlord and Tenant agrees to execute agree that this Lease and deliver to Landlord from time to time during the Term security interest granted herein serve as a financing statement and a copy or photographic or other reproduction of this Paragraph of this Lease such Financing Statements as may be required filed of record by Landlord in order and have the same force and effect as the original. Tenant warrants and represents that the collateral subject to perfect the Landlord's lien provided security interest granted herein is not purchased or used by state lawTenant for personal, family or household purposes. Tenant further agrees warrants and represents to Landlord that during an Event of Default or the pendency lien granted herein constitutes a first and superior lien and that Tenant will not allow the placing of any event other lien upon any of the property described in this Paragraph without the prior written consent of Landlord. Record owner of the Premises is 14850 Quorum Associates, Ltd. Tenant/Debtor's address is 00000 XXXXXX XXXXX, XXXXX 000, XXXXXX, XXXXX 00000 and Landlord/Secured Party's address is C/X XXXXXX BROTHERS, 3 WORLD FINANCIAL XXXXXX, 00XX XXXXX, XXX XXXX, XX 00000. Landlord, on a case-by case basis, not as a blanket waiver of lien, will subordinate the landlord's lien granted in this paragraph to the lien of Tenant's lending institution on any furniture, fixtures or circumstance whichequipment after Landlord is presented proper documentation of that lending institution's lien on said furniture, with the passage of time may become an Event of Default, Tenant shall not make any distributions to its shareholders, partners, members or other owners fixtures and any such distributions shall be considered and deemed to be fraudulent and preferential and subordinate to Landlord's claim for Rent and other sums hereunderequipment.

Appears in 1 contract

Samples: Office Lease Agreement (Objectspace Inc)

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