LANDLORD'S LIEN. Tenant hereby grants to Landlord a security interest in all goods, inventory, furniture, equipment, trade fixtures and personal property (collectively, “Tenant’s Property”) belonging to Tenant which are or may be placed in the Premises during the term of this Lease together with all proceeds of the foregoing. Said security interest shall secure all amounts payable by Tenant hereunder, including all costs of collection and any other indebtedness of Tenant to Landlord. Upon the occurrence of a default by Tenant hereunder which is not cured within any applicable cure period, Landlord may, in addition to and not in lieu of any other remedies set forth herein, enter upon the Premises, by force if necessary, and take possession of Tenant’s Property without liability for trespass or conversion, and sell Tenant’s Property, or any part thereof, with or without notice to Tenant, at public or private sale, with or without having Tenant’s Property at such sale and Landlord or its assignee may purchase and apply the proceeds thereof, less any expenses incurred in connection with taking possession and selling Tenant’s Property, as a credit against any sums due by Tenant to Landlord pursuant hereto. Any surplus remaining after a sale shall be paid to Tenant and any deficiency shall be immediately paid to Landlord by Tenant. Within seven (7) days after Landlord’s request therefor, Tenant shall execute any financing statement or security agreement Landlord deems necessary to perfect such security interest in Tenant’s Property. The lien granted hereunder shall be in addition to any Landlord’s lien that may now or at any time hereafter be provided by law.
Appears in 3 contracts
Sources: Lease (U-Store-It Trust), Lease (U-Store-It Trust), Lease (U-Store-It Trust)
LANDLORD'S LIEN. In addition to any statutory lien for rent in Landlord's favor, Landlord (the secured party for purposes hereof) shall have and Tenant (the debtor for purposes hereof) hereby grants to Landlord Landlord, an express contract lien and a continuing security interest in to secure the payment of all Rent due hereunder from Tenant, upon all goods, inventorywares, equipment, fixtures, furniture, equipmentinventory, trade fixtures accounts, contract rights, chattel paper and other personal property of Tenant (collectively, “Tenant’s Property”and any transferees or other occupants of the Premises) belonging to Tenant which are presently or may be placed in hereafter situated on the Premises during the term of this Lease together with and upon all proceeds of any insurance which may accrue to Tenant by reason of damage or destruction of any such property. In the foregoing. Said security interest shall secure all amounts payable by Tenant hereunder, including all costs of collection and any other indebtedness of Tenant to Landlord. Upon the occurrence event of a default by Tenant hereunder which is not cured within any applicable cure periodunder this Lease, Landlord mayshall have, in addition to and not in lieu of any other remedies set forth hereinprovided herein or by law, enter all rights and remedies under the Uniform Commercial Code of the state in which the Premises is located, including without limitation the right to sell the property described in this paragraph at public or private sale upon the Premises, by force if necessary, and take possession of Tenant’s Property without liability for trespass or conversion, and sell Tenant’s Property, or any part thereof, with or without ten (10) days' notice to Tenant, at public which notice Tenant hereby agrees is adequate and reasonable. Tenant hereby agrees to execute such other instruments necessary or private saledesirable in Landlord's discretion to perfect the security interest hereby created. Any statutory lien for rent is not hereby waived, with or without having Tenant’s Property at such sale the express contractual lien herein granted being in addition and supplementary thereto. Landlord or its assignee may purchase and apply Tenant agree that this Lease and the proceeds thereof, less any expenses incurred in connection with taking possession and selling Tenant’s Property, security interest granted herein serve as a credit against any sums due financing statement, and a copy or photographic or other reproduction of this Paragraph of this Lease may be filed of record by Landlord and have the same force and effect as the original. Tenant warrants and represents that the collateral subject to the security interest granted herein is not purchased or used by Tenant for personal, family or household purposes. Tenant further warrants and represents to Landlord pursuant hereto. Any surplus remaining after a sale shall be paid to Tenant and any deficiency shall be immediately paid to Landlord by Tenant. Within seven (7) days after Landlord’s request therefor, Tenant shall execute any financing statement or security agreement Landlord deems necessary to perfect such security interest in Tenant’s Property. The that the lien granted hereunder shall be herein constitutes a first and superior lien and that Tenant will not allow the placing of any other lien upon any of the property described in addition to any this Article without the prior written consent of Landlord’s lien that may now or at any time hereafter be provided by law.
Appears in 3 contracts
Sources: Office Lease Agreement (Universal Access Inc), Office Lease Agreement (RDC International Inc), Standard Form Office Lease (Ritz Interactive, Inc.)
LANDLORD'S LIEN. Tenant hereby grants to Landlord a security interest in to secure the payment of all goodsrent or other sums of money 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 equipment, fixtures, furniture, improvements, inventory, furnitureconsumer goods, equipment, trade fixtures goods and any and all personal property (collectively, “Tenant’s Property”) belonging to Tenant which are or may be placed in the Premises during the term of this Lease together with all proceeds of the foregoing. Said security interest shall secure all amounts payable by Tenant hereunder, including all costs of collection and any other indebtedness of Tenant to Landlord. Upon the occurrence of a default by Tenant hereunder presently or which is not cured within any applicable cure periodmay hereafter be situated in, Landlord may, in addition to and not in lieu of any other remedies set forth herein, enter 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 force if necessaryreason 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 from the Premises at any time without the consent of Landlord until all arrearages of rent, as well as any 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 fulfilled and performed by Tenant. In addition to any other remedies provided herein, upon Tenant’s default under this Lease beyond all applicable notice and cure periods, Landlord may enter the Premises and take possession of Tenant’s Property any and all equipment, fixtures, furniture, improvements and other personal property of Tenant situated in, on or upon the Premises (other than the Excluded Items) without liability for trespass or conversion, and . Landlord may sell Tenant’s Property, or any part thereof, with or without notice to Tenant, 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 Property at last known address as to the time and place of the sale. At such sale and sale, Landlord or its assignee Landlord’s assigns may purchase and apply the proceeds thereofproperty 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 sale. Proceeds of any such disposition, less any all expenses incurred in connection with taking possession and selling Tenantincluding reasonable attorney’s Propertyfees, shall be applied as a credit against any sums due the indebtedness secured by Tenant to Landlord pursuant heretothe security interest granted in this Section. Any surplus remaining after a sale shall be paid to Tenant and Tenant shall pay any deficiency shall be immediately paid upon demand. Tenant consents to the filing by Landlord of financing statements in a form acceptable to Landlord by Tenant. Within seven (7) days after Landlord’s request therefor, Tenant shall execute any financing statement or security agreement Landlord deems necessary sufficient to perfect such protect the security interest in Tenant’s Propertyof Landlord In the aforementioned property and the proceeds thereof under the applicable provisions of the Uniform Commercial Code. The statutory lien is not waived and the security interest herein granted hereunder shall be is in addition to any Landlord’s lien that may now or at any time hereafter be provided by lawand supplementary thereto.
Appears in 2 contracts
Sources: Industrial Space Lease (XBiotech Inc.), Industrial Space Lease (XBiotech Inc.)
LANDLORD'S LIEN. In consideration of the mutual benefits arising under this Lease, Tenant hereby grants to Landlord a lien and security interest on all property of Tenant 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 goodsrent and other sums agreed to be paid by Tenant herein. The provisions of this paragraph relating to said lien and security interest shall constitute a security agreement under the Uniform Commercial Code (“the Code”) so that Landlord shall have and may enforce a security interest on all property of Tenant now or hereafter placed in or on the Premises, inventoryincluding but not limited to all fixtures, furnituremachinery, equipment, trade fixtures furnishings, inventory and other articles of personal property (collectively, “Tenant’s Property”) belonging to Tenant which are now or may be hereafter placed in or upon the Premises during by Tenant. Tenant agrees to execute as debtor such financial statement or statements as Landlord may now or hereafter reasonably request in order that such security interest or interests be protected pursuant to the term Code. Landlord may, at its election, at any time file a copy of this Lease together (or a copy of this Lease with the rental and other major business terms of this Lease deleted therefrom) as a financing statement. Landlord, as a secured party, shall be entitled to all proceeds of the foregoing. Said security interest shall secure all amounts payable by Tenant hereunder, including all costs of collection rights and any other indebtedness of Tenant to Landlord. Upon remedies afforded a secured party under the occurrence of a default by Tenant hereunder which is not cured within any applicable cure period, Landlord may, Code in addition to and not in lieu of any other remedies set forth herein, enter upon the Premises, by force if necessary, and take possession of Tenant’s Property without liability for trespass or conversion, and sell Tenant’s Property, or any part thereof, cumulative with or without notice to Tenant, at public or private sale, with or without having Tenant’s Property at such sale and Landlord or its assignee may purchase and apply the proceeds thereof, less any expenses incurred in connection with taking possession and selling Tenant’s Property, as a credit against any sums due by Tenant to Landlord pursuant hereto. Any surplus remaining after a sale shall be paid to Tenant and any deficiency shall be immediately paid to Landlord by Tenant. Within seven (7) days after Landlord’s liens and rights provided by law or by other terms and provisions of this Lease. Concurrently with the execution of this Lease or at any time thereafter upon request thereforof Landlord, Tenant shall execute any financing statement or security agreement Landlord deems necessary to perfect such security interest in the UCC-1 Financing Statement covering all Tenant’s Propertyproperty herein referred to. The lien granted hereunder Notwithstanding anything set forth in this Section 5.04 to the contrary, Landlord agrees that it shall be subordinate this Landlord Lien in addition to favor of any Landlordlender of Tenant financing Tenant’s lien that may now leasehold interest or at any time hereafter be provided by lawfurniture, fixtures, equipment, inventory or other personal property of Tenant used in the Premises for the Permitted Use.
Appears in 2 contracts
Sources: Lease (1847 Holdings LLC), Lease (1847 Holdings LLC)
LANDLORD'S LIEN. Tenant hereby grants In addition to the statutory Landlord's lien, Landlord shall have, at all times, a valid security interest in to secure payment of all 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, inventorywares, equipment, fixtures, furniture, equipment, trade fixtures improvements and other personal property (collectively, “Tenant’s Property”) belonging to of Tenant presently or which are or may hereafter be placed in situated on the Premises during the term of this Lease together with and all proceeds therefrom, and such property shall not be removed therefrom without the 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 the foregoing. Said security interest shall secure all amounts payable covenants, agreements and conditions hereof have been fully complied with and performed by Tenant hereunderTenant, including all costs of collection and any other indebtedness of Tenant to Landlord. Upon upon the occurrence of a an event of default by Tenant hereunder which is not cured within any applicable cure periodTenant, Landlord may, in addition to and not in lieu of any other remedies set forth provided herein, enter upon the Premises, by force if necessary, Premises and take possession of Tenant’s Property any and all goods, wares, equipment, fixtures, furniture, improvements and other personal property of Tenant situated on the Premises without liability for trespass or conversion, and sell Tenant’s Property, or any part thereof, with or without notice to Tenant, the same at public or private sale, with or without having Tenant’s Property such property at such the sale, after giving Tenant reasonable notice of the time and place of any public sale and or of the time after which any private sale is to be made, at which sales the Landlord or its assignee assigns may purchase unless otherwise prohibited by law. Unless otherwise provided by law, and apply 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 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 incurred in connection connected with the taking possession of possession, holding and selling Tenant’s Propertyof the property (including reasonable attorneys' fees and other expenses), shall be applied as a credit against any sums due the indebtedness secured by Tenant to Landlord pursuant heretothe security interest granted in this Paragraph 24. Any surplus remaining after a sale shall be paid to Tenant or as otherwise required by law; and any deficiency shall be immediately paid to Landlord by Tenant. Within seven (7) days after Landlord’s request therefor, the Tenant shall execute pay any financing statement or security agreement Landlord deems necessary to perfect such security interest in Tenant’s Propertydeficiencies forthwith. The statutory lien granted hereunder shall be in addition to any Landlord’s lien that may now or at any time hereafter be provided by lawfor rent is not hereby waived.
Appears in 2 contracts
Sources: Annual Report, Office Lease Agreement (Sonus Networks Inc)
LANDLORD'S LIEN. Tenant hereby grants In addition to the statutory Landlord’s lien, Landlord shall have at all times, a valid security interest in to secure payment of all 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, inventorywares, equipment, fixtures, furniture, equipment, trade fixtures improvements and other personal property (collectively, “Tenant’s Property”) belonging to of Tenant presently or which are or may hereafter be placed in situated on the Premises during the term of this Lease together with and all proceeds therefrom, and such property shall not be removed therefrom without the consent of the foregoing. Said security interest shall secure Landlord until all amounts payable by Tenant arrearages in rent, as well as any and all other sums of money then due or to become due to Landlord hereunder, including shall first have been paid and discharged and all costs of collection the covenants, agreements and any other indebtedness of Tenant to Landlordconditions hereof have been fully complied with and performed by Tenant. Upon the occurrence of a default by Tenant hereunder which is not cured within any applicable cure periodan Event of Default, Landlord may, in addition to and not in lieu of any other remedies set forth provided herein, enter upon the Premises, by force if necessary, Premises and take possession of Tenant’s Property any and all goods, wares, equipment, fixtures, furniture, improvements and other personal property of Tenant situated on the Premises, without liability for trespass or conversion, and sell Tenant’s Property, or any part thereof, with or without notice to Tenant, the same at public or private sale without having such property at the sale, with after giving Tenant reasonable notice of the time and place of any public sale or without having Tenant’s Property of the time after which any private sale is to be made, at such sale and which sales the Landlord or its assignee assigns may purchase unless otherwise prohibited by law. Unless otherwise provided by law, and apply 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 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 incurred in connection connected with the taking possession of possession, holding and selling Tenantof the Property (including reasonable attorney’s Propertyfees and other expenses), shall be applied as a credit against any sums due the indebtedness secured by Tenant to Landlord pursuant heretothe security interest granted in this Section 40. Any surplus remaining after a sale shall be paid to Tenant or as otherwise required by law; and any deficiency shall be immediately paid to Landlord by Tenant. Within seven (7) days after Landlord’s request therefor, the Tenant shall execute pay any financing statement or deficiencies forthwith. This Lease is intended as and constitutes a security agreement Landlord deems necessary to perfect such security interest in Tenant’s Property. The lien granted hereunder shall be within the meaning of the Uniform Commercial Code of the State of Texas, and Landlord, in addition to any Landlordthe rights prescribed in this Lease, shall have all of the rights, titles, liens and interests in and to Tenant’s lien that may property now or at any time hereafter be provided 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 under and the full performance of all Tenant’s covenants under this Lease. Upon request by lawLandlord, 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 State of Texas. The statutory lien for rent is not hereby waived, the security interest herein granted being in addition and supplementary thereto.
Appears in 2 contracts
Sources: Office Building Lease, Office Building Lease (E2open Inc)
LANDLORD'S LIEN. Tenant hereby grants to Landlord a security interest in to secure the payment of all goodsrent or other sums of money 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 equipment, fixtures, furniture, improvements, inventory, furnitureconsumer goods, equipment, trade fixtures goods and any and all personal property (collectively, “Tenant’s Property”) belonging to Tenant which are or may be placed in the Premises during the term of this Lease together with all proceeds of the foregoing. Said security interest shall secure all amounts payable by Tenant hereunder, including all costs of collection and any other indebtedness of Tenant to Landlord. Upon the occurrence of a default by Tenant hereunder presently or which is not cured within any applicable cure periodmay hereafter be situated in, Landlord may, in addition to and not in lieu of any other remedies set forth herein, enter 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 force if necessaryreason 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 from the Premises at any time without the consent of Landlord until all arrearages of rent, as well as any 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 fulfilled and performed by Tenant. In addition to any other remedies provided herein, upon Tenant’s default under this Lease beyond all applicable notice and cure periods, Landlord may enter the Premises and take possession of Tenant’s Property any and all equipment, fixtures, furniture, improvements and other personal property of Tenant situated in, on or upon the Premises (other than the Excluded items) without liability for trespass or conversion, and . Landlord may sell Tenant’s Property, or any part thereof, with or without notice to Tenant, 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 Property at last known address as to the time and place of the sale. At such sale and sale, Landlord or its assignee Landlord’s assigns may purchase and apply the proceeds thereofproperty 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 sale. Proceeds of any such disposition, less any all expenses incurred in connection with taking possession and selling Tenantincluding reasonable attorney’s Propertyfees, shall be applied as a credit against any sums due the indebtedness secured by Tenant to Landlord pursuant heretothe security interest granted in this Section. Any surplus remaining after a sale shall be paid to Tenant and Tenant shall pay any deficiency shall be immediately paid upon demand. Tenant consents to the filing by Landlord of financing statements in a form acceptable to Landlord by Tenant. Within seven (7) days after Landlord’s request therefor, Tenant shall execute any financing statement or security agreement Landlord deems necessary sufficient to perfect such protect the security interest of Landlord in Tenant’s Propertythe aforementioned property and the proceeds thereof under the applicable provisions of the Uniform Commercial Code. The statutory lien is not waived and the security interest herein granted hereunder shall be is in addition to any Landlord’s lien that may now or at any time hereafter be provided by lawand supplementary thereto.
Appears in 2 contracts
Sources: Industrial Space Lease (XBiotech Inc.), Industrial Space Lease (XBiotech Inc.)
LANDLORD'S LIEN. All property of Tenant hereby grants which is now or hereafter may be in or upon the Premises, whether or not exempt from execution, shall be bound by and subject to Landlord lien and also to the encumbrance of a security interest in all goodssaid property, inventory, furniture, equipment, trade fixtures and personal property which hereby Tenant grants to Landlord in accordance with the provisions of Uniform Commercial Code (collectively, “Tenant’s Property”"UCC") belonging to Tenant which are or may be placed in the state in which the Premises during are located for the term payment of all rents and charges herein reserved and for the payment of any damages arising from Tenant's breach of any of the covenants or agreements of this Lease together with all proceeds of Lease; provided that the foregoing. Said provisions hereof shall not apply to inventory stock-in-trade kept by Tenant, but the lien and security interest hereby created shall secure apply as to all amounts payable other property of Tenant now or hereafter in or upon said Premises. Tenant hereby appoints Landlord as its agent and attorney-in-fact to execute any and all financing statements, amendments and extensions thereof on UCC forms on behalf of Tenant, and to file the same on behalf of Tenant or without ▇▇▇▇▇▇'s signature, at Landlord's option. In case of default in the payment of any installment of rents or any other sums required to be paid by Tenant hereunderwhen the same become due, including all costs which default continues for a period of collection and any other indebtedness of Tenant ten (10) days after written notice from Landlord to Landlord. Upon the occurrence of a default by Tenant hereunder which is not cured within any applicable cure periodTenant, Landlord may, in addition to and not in lieu of any other remedies set forth herein, enter upon the Premises, by force if necessary, and may take possession of Tenant’s Property without liability for trespass all or conversion, any parts of such property and sell Tenant’s Property, or any part thereof, with or without notice cause the same to Tenant, be sold at public or private sale, with or without having Tenant’s Property at such sale and Landlord or its assignee may purchase notice, to the highest bidder for cash, and apply the proceeds thereof, less of said sale toward the costs thereof and then toward the debt and/or damages as aforesaid. ▇▇▇▇▇▇▇▇'s exercise of the security interest herein created shall cause Landlord's interest in said property to be senior to ▇▇▇▇▇▇'s interest therein for proposes of any expenses incurred in connection with taking possession and selling Tenant’s Property, as a credit replevin action brought against any sums due by Tenant to Landlord pursuant hereto. Any surplus remaining after a sale shall be paid to Tenant and any deficiency shall be immediately paid to Landlord by Tenant. Within seven (7) days after Landlord’s request therefor, Tenant shall execute any financing statement or security agreement Landlord deems necessary to perfect such security interest in Tenant’s Property. The lien granted hereunder shall be in addition to any Landlord’s lien that may now or at any time hereafter be provided by law▇▇▇▇▇▇.
Appears in 2 contracts
Sources: Commercial Lease (Healthcore Medical Solutions Inc), Commercial Lease (Healthcore Medical Solutions Inc)
LANDLORD'S LIEN. Landlord does hereby subordinate its liens, statutory and contractually, to the liens of Tenant's mortgagee, as provided in the Landlord's Agreement of even date herewith. In addition to any statutory lien for rent in Landlord's favor, Landlord shall have and Tenant hereby grants to Landlord a continuing security interest in for all rentals and other sums of money becoming due hereunder from Tenant, upon all goods, inventorywares, equipment, fixtures, furniture, equipmentinventory, trade fixtures accounts, contract rights, chattel paper and other personal property (collectively, “Tenant’s Property”) belonging to Tenant which are or may be placed in the Premises during the term of this Lease together with all proceeds of the foregoing. Said security interest shall secure all amounts payable by Tenant hereunder, including all costs of collection and any other indebtedness of Tenant situated on the premises, and such property shall not be removed therefrom without the consent of Landlord until all arrearages in rent as well as any and all other sums of money then due to LandlordLandlord hereunder shall first have been paid and discharged. Upon In the occurrence event of a default by Tenant hereunder which is not cured within any applicable cure period, under this lease. Landlord mayshall have, in addition to and not in lieu of any other remedies set forth hereinherein or by law, enter upon all rights and remedies under the PremisesUniform Commercial Code, by force if necessary, and take possession of Tenant’s Property including without liability for trespass or conversion, and limitation the right to sell Tenant’s Property, or any part thereof, with or without notice to Tenant, the property described in this Paragraph 19. at public or private sale, with sale upon five (5) days' notice to Tenant. Tenant hereby agrees to execute such financing statements and other instruments necessary or without having Tenant’s Property at such sale and Landlord or its assignee may purchase and apply desirable in Landlord's discretion to perfect the proceeds thereof, less any expenses incurred in connection with taking possession and selling Tenant’s Property, as a credit against any sums due by Tenant to Landlord pursuant heretosecurity interest hereby created. Any surplus remaining after a sale shall be paid to Tenant and any deficiency shall be immediately paid to Landlord by Tenant. Within seven (7) days after Landlord’s request thereforstatutory lien for rent is not hereby waived, Tenant shall execute any financing statement or security agreement Landlord deems necessary to perfect such security interest in Tenant’s Property. The the express contractual lien herein granted hereunder shall be being in addition to any Landlord’s lien that may now or at any time hereafter be provided by lawand supplementary thereto.
Appears in 1 contract
Sources: Lease Agreement (Conns Inc)
LANDLORD'S LIEN. In addition to any statutory landlord’s lien, now or hereafter enacted, Tenant hereby grants to Landlord Landlord, to secure performance of Tenant’s obligations hereunder, a security interest in all goodsof Tenant’s property situated in or upon, or used in connection with, the Premises or the Project, and all proceeds thereof (except merchandise sold in the ordinary course of business) (collectively, the “Collateral”), and the Collateral shall not be removed from the Premises or the Project without the prior written consent of Landlord until all obligations of Tenant have been fully performed. Such personalty thus encumbered includes specifically all trade and other fixtures for the purpose of this Section 20 and inventory, furniture, equipment, trade fixtures contract rights, accounts receivable and personal property (collectively, “Tenant’s Property”) belonging to Tenant which are or may be placed in the Premises during the term of this Lease together with all proceeds of the foregoing. Said security interest shall secure all amounts payable by Tenant hereunder, including all costs of collection and any other indebtedness of Tenant to Landlordthereof. Upon the occurrence of a default by Tenant hereunder which is not cured within any applicable cure periodan Event of Default, Landlord may, in addition to and not all other remedies, without notice or demand except as provided below, exercise the rights afforded to a secured party under the Uniform Commercial Code of the state in lieu which the Premises are located (the “UCC”). To the extent the UCC requires Landlord to give to Tenant notice of any act or event and such notice cannot be validly waived before a default occurs, then five-days’ prior written notice thereof shall be reasonable notice of the act or event. In order to perfect such security interest, Landlord may file any financing statement or other remedies set forth herein, enter upon the Premises, by force if necessary, and take possession of instrument necessary at Tenant’s Property without liability for trespass expense at the state and county Uniform Commercial Code filing offices. Tenant grants to Landlord a power of attorney to execute and file any financing statement or conversionother instrument necessary to perfect Landlord’s security interest under this Section 20, which power is coupled with an interest and sell Tenant’s Property, or any part thereof, with or without notice to Tenant, at public or private sale, with or without having Tenant’s Property at such sale and is irrevocable during the Term. Landlord or its assignee may purchase and apply the proceeds thereof, less any expenses incurred in connection with taking possession and selling Tenant’s Property, also file a copy of this Lease as a credit against any sums due by Tenant financing statement to Landlord pursuant hereto. Any surplus remaining after a sale shall be paid to Tenant and any deficiency shall be immediately paid to Landlord by Tenantperfect its security interest in the Collateral. Within seven ten (710) days after Landlord’s following written request therefor, Tenant shall execute any financing statement or security agreement Landlord deems necessary statements to be filed of record to perfect such Landlord’s security interest in Tenant’s Property. The lien granted hereunder shall be in addition to any Landlord’s lien that may now or at any time hereafter be provided by lawthe Collateral.
Appears in 1 contract
Sources: Lease Agreement
LANDLORD'S LIEN. To secure Tenant’s obligations under this Lease, Tenant hereby grants to Landlord a contractual security interest in on all of Tenant’s inventory, goods, inventoryconsumer goods and equipment now or hereafter situated in the Premises and all proceeds therefrom, furniture, equipment, trade fixtures and personal property including insurance proceeds (collectively, “Collateral”). No Collateral shall be removed from the Premises without Landlord’s prior written consent until all of Tenant’s Property”) belonging to Tenant which obligations are or may be placed fully satisfied (except in the Premises during the term ordinary course of this Lease together business and then only if replaced with all proceeds items of the foregoing. Said security interest shall secure all amounts payable by Tenant hereunder, including all costs of collection same or greater value and any other indebtedness of Tenant to Landlordquality). Upon the occurrence any event of a default by Tenant hereunder which is not cured within any applicable cure perioddefault, Landlord may, to the fullest extent permitted by Law and in addition to and not in lieu of any other remedies set forth provided herein, enter upon the Premises, by force if necessary, Premises and take possession of Tenant’s Property any Collateral without liability being held liable for trespass or conversion, and sell Tenant’s Property, or any part thereof, with or without notice to Tenant, 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 return receipt requested. Unless prohibited by Law, any Landlord Party may purchase any Collateral at such sale. Subject to applicable Law, the proceeds from such sale, less Landlord’s expenses, including reasonable attorneys’ fees and other expenses, shall be credited against Tenant’s Property at such sale and Landlord or its assignee may purchase and apply the proceeds thereof, less any expenses incurred in connection with taking possession and selling Tenant’s Property, as a credit against any sums due by Tenant to Landlord pursuant heretoobligations. Any surplus remaining after a sale shall be paid to Tenant (or as otherwise required by Law) and any deficiency shall be immediately paid by Tenant to Landlord by Tenantupon demand. Within seven (7) days after Upon Landlord’s request thereforrequest, Tenant shall agrees to execute any and deliver to Landlord for filing purposes a financing statement or security agreement Landlord deems necessary sufficient to perfect such the foregoing security interest in Tenant’s Propertyinterest. The lien granted hereunder shall be in addition Tenant authorizes Landlord to any Landlord’s lien that may now or at any time hereafter be provided by lawfile a copy of this Lease as a financing statement, as permitted under Law.
Appears in 1 contract
Sources: Office Lease (Power Efficiency Corp)
LANDLORD'S LIEN. Subject to Section 21.2, Tenant hereby grants to Landlord Landlord, to secure payment by Tenant of all Base Rent, Additional Rent, and all other payments to be made by Tenant under this Lease and the performance by Tenant of all its other duties and obligations under this Lease, a first priority lien and security interest in all goods, inventory, furniture, equipment, trade fixtures fixtures, goods and other tangible personal property (collectivelynow or hereafter owned by Tenant and located on the Leased Premises, “Tenant’s Property”) belonging to Tenant which are or may and all substitutions, replacements, additions and accessions thereto and proceeds thereof. No such property shall be placed in removed from the Leased Premises during the term of until all Base Rent, Additional Rent and other amounts payable under this Lease together with have been paid and until Tenant has fully and completely performed all proceeds of the foregoing. Said security interest shall secure all amounts payable by Tenant hereunder, including all costs of collection other duties and any other indebtedness obligations of Tenant to Landlordunder this Lease. Upon the occurrence of a default by Tenant hereunder which is not cured within any applicable cure periodEvent of Default hereunder, Landlord mayshall have, in addition to all other rights and not remedies provided for herein or allowed by law or in lieu equity, all rights and remedies of a secured party under the Uniform Commercial Code, including the right to sell any other remedies set forth herein, enter upon or all of the Premises, by force if necessary, and take possession of Tenant’s Property without liability for trespass property described above at one or conversion, and sell Tenant’s Property, or any part thereof, with or without notice to Tenant, at more public or private sale, with or without having Tenant’s Property at sales upon providing the notice required by the Uniform Commercial Code. Tenant agrees that ten (10) days' prior notice of any such sale will constitute commercially reasonable notice. Tenant shall, at the request of Landlord, execute and Landlord or its assignee deliver such additional documents as may purchase be reasonably required, including Uniform Commercial Code financing statements, to perfect the lien and apply the proceeds thereof, less any expenses incurred in connection with taking possession and selling Tenant’s Property, as a credit against any sums due security interest granted by Tenant to Landlord pursuant heretoherein. Any surplus remaining after a sale shall be paid to Tenant statutory lien for rent is not waived, the express contractual lien and any deficiency shall be immediately paid to Landlord by Tenant. Within seven (7) days after Landlord’s request therefor, Tenant shall execute any financing statement or security agreement Landlord deems necessary to perfect such security interest in Tenant’s Property. The lien herein granted hereunder shall be in addition to any Landlord’s lien that may now or at any time hereafter be provided by lawbeing supplementary thereto.
Appears in 1 contract
Sources: Standard Office Lease Agreement (Net2000 Communications Inc)
LANDLORD'S LIEN. Tenant hereby grants Subject to any applicable state and federal laws, in addition to the statutory Landlord's lien, Landlord shall have, at all times, a valid security interest in to secure payment of all 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 captained herein, upon al goods, inventorywares, equipment, fixtures, furniture, equipmentimprovements, trade fixtures and other personal property (collectivelyof Tenant present of which may hereinafter be situated on the Premises, “Tenant’s Property”) belonging to Tenant which are or may be placed in the Premises during the term of this Lease together with and all proceeds therefrom, and such property shall not be removed therefrom, with the consent of Landlord until all arrearages in rent as well as any and all other sums of money due to Landlord hereunder shall first have been paid and discharged and all the foregoing. Said security interest shall secure all amounts payable covenant agreement, and conditions hereof have been fully complied with and performed by Tenant hereunder, including all costs of collection and any other indebtedness of Tenant to LandlordTenant. Upon the occurrence of a an event of default by Tenant hereunder which is not cured within any applicable cure periodTenant, Landlord may, in addition to and not in lieu of any other remedies set forth provided herein, to the extent allowed by law, enter upon the Premises, by force if necessary, Premises and take possession of Tenant’s Property any and all goods, wares, equipment, fixtures, furniture, improvements, and other personal property of Tenant situated on the Premises, without liability for trespass or conversion, and sell Tenant’s Property, or any part thereof, with or without notice to Tenant, the same at public or private sale, with after giving Tenant reasonable notice of the time and place of any public sale or without having Tenant’s Property of the time after which any private sale is to be made, at such sale and which sale, the Landlord or its assignee assigns may purchase unless otherwise prohibited by law. Unless otherwise provided by law, and apply 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 at least five (5) days before the time of sale. The proceeds thereoffrom any such disposition, less any and all expenses incurred in connection connected with the taking possession of possession, holding, and selling Tenant’s Propertyof 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 to Landlord pursuant heretothe security interest granted in this section. Any surplus remaining after a sale shall be paid to Tenant or as otherwise required by law; and the Tenant shall pay any deficiency shall be immediately paid deficiencies forthwith. Upon request by Landlord, Tenant agrees to execute and delivery to Landlord by Tenant. Within seven (7) days after Landlord’s request therefor, Tenant shall execute any a financing statement or in form sufficient to perfect the security agreement interest of Landlord deems in the aforementioned property and proceeds thereof under the provisions of the Uniform Commercial Code in force in the State of Texas. Tenant does hereby appoint Landlord its attorney-in-fact to execute in Tenants name and in its place and stead any instrument necessary to perfect such effectuate the terms of this Landlord's Lien including any Financing Statement in connection therewith. The statutory lien for rent is not hereby waived, the security interest in Tenant’s Property. The lien herein granted hereunder shall be being in addition to any Landlord’s lien that may now or at any time hereafter be provided by lawand supplementary thereto.
Appears in 1 contract
LANDLORD'S LIEN. In addition to any statutory lien for Rent in Landlord’s favor, Landlord shall have, and Tenant hereby grants to Landlord Landlord, a continuing security interest in for all Rent, upon all goods, inventorywares, equipment, fixtures, furniture, equipmentinventory, trade fixtures and other personal property (collectivelyof Tenant now or hereafter situated at or upon the Premises, “Tenant’s Property”) belonging and such property shall not be removed therefrom without the consent of Landlord until all arrearages in Rent as well as any and all other sums of money then due to Tenant which are or may be placed Landlord hereunder shall first have been paid and discharged. In the event any of the foregoing described property is removed from the Premises in violation of the covenant in the Premises during preceding sentence, the term of this Lease together with all proceeds of the foregoing. Said security interest shall secure continue in such property and all amounts payable proceeds and products, regardless of location. Upon an Event of Default hereunder by Tenant hereunder, including all costs of collection and any other indebtedness of after reasonable notice thereof to Tenant to by Landlord. Upon the occurrence of a default by Tenant hereunder which is not cured within any applicable cure period, Landlord may, in addition to all other rights and not remedies, Landlord shall have all rights and remedies under the Uniform Commercial Code, including without limitation, the right to sell the property described in lieu of any other remedies set forth herein, enter upon the Premises, by force if necessary, and take possession of Tenant’s Property without liability for trespass or conversion, and sell Tenant’s Property, or any part thereof, with or without notice to Tenant, this Paragraph at public or private salesale upon fifteen (15) days notice by Landlord. Tenant hereby agrees to execute such other instruments, with necessary or without having Tenant’s Property at such sale desirable under applicable law to perfect the security interest hereby created. Landlord and Landlord or its assignee may purchase Tenant agree that this Lease and apply the proceeds thereof, less any expenses incurred in connection with taking possession and selling Tenant’s Property, security agreement serves as a credit against any sums due by Tenant to Landlord pursuant hereto. Any surplus remaining after a sale shall be paid to Tenant and any deficiency shall be immediately paid to Landlord by Tenant. Within seven (7) days after Landlord’s request therefor, Tenant shall execute any financing statement and that a copy, photographic 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 Landlord deems necessary and financing statement also covers fixtures located at the premises subject to perfect such security interest this Lease and legally described in Tenant’s PropertyExhibit A attached hereto and is to be filed for record in the real estate records. The lien granted hereunder shall be in addition to any record owner of the real property is Landlord’s lien that may now or at any time hereafter be provided by law.
Appears in 1 contract
LANDLORD'S LIEN. Tenant hereby grants In addition to the statutory Landlord’s Lien, Landlord shall have at all times, a valid security interest in to secure payment of all goodsrentals and other sums, inventoryand 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 equipment, fixtures, furniture, equipmentimprovement, trade fixtures and other personal property (collectivelyof Tenant situated on the Premises, “Tenant’s Property”) belonging to Tenant which are or may be placed in the Premises during the term of this Lease together with and all proceeds therefrom, and such property shall not be removed therefrom without the consent of the foregoing. Said security interest Landlord until all sums of money then due to Landlord hereunder shall secure first have been paid and all amounts payable the covenants, agreements and conditions hereof have been fully complied with and performed by Tenant hereunder, including all costs of collection and any other indebtedness of Tenant to LandlordTenant. Upon the occurrence of a any event of default by Tenant hereunder which is not cured within any applicable cure periodTenant, Landlord may, in addition to and not in lieu of any other remedies set forth provided herein, enter upon the Premises, by force if necessary, Premises and take possession of Tenant’s Property any and all goods, wares, equipment, fixtures, furniture, improvements and other personal property of Tenant situated on the Premises, without liability for trespass or conversion, and sell Tenant’s Property, or any part thereof, with or without notice to Tenant, the same at public or private sale, with or without having Tenant’s Property such property at such the sale, after giving Tenant notice of the time and place of any public sale, or of the time after which any private sale and is to be made, at which sale Landlord or its assignee assigns may purchase and apply the unless otherwise prohibited by law. The proceeds thereoffrom any such disposition, less any and all expenses incurred in connection connected with the taking possession of possession, holding and selling Tenantof the property (including reasonable attorney’s Propertyfees and other expenses), shall be applied as a credit against any sums due the indebtedness secured by Tenant to Landlord pursuant heretothe security interest granted in this paragraph. Any surplus remaining after a sale shall be paid to Tenant or as otherwise required by law; and Tenant shall pay any deficiency deficiencies forthwith. Upon request by Landlord, 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 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 Subordination, such request for review shall be immediately paid accompanied by a $3,000 review fee, and Landlord may grant such but shall not be required to Landlord by Tenant. Within seven (7) days after Landlord’s request thereforgive any notice, Tenant shall execute any financing statement ability to cure, free occupancy period or security agreement Landlord deems necessary ability to perfect such security interest in conduct sales on premises to Tenant’s Property. The lien granted hereunder shall be in addition to any Landlord’s lien that may now or at any time hereafter be provided by lawlender.
Appears in 1 contract
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 a lien upon and security interest in all goods, inventory, furniture, equipment, trade fixtures and personal property (collectively, “Tenant’s Property”) belonging to of Tenant which are now or may be placed subsequently located upon the Leased Premises. If Tenant is in the Premises during the term default of any provision of this Lease together with all proceeds of the foregoing. Said security interest shall secure all amounts payable by Tenant hereunder, including all costs of collection and any other indebtedness of Tenant to Landlord. Upon the occurrence of a default by Tenant hereunder which is not cured within any applicable cure periodLease, Landlord may, in addition to and not in lieu of any other remedies set forth herein, may enter upon the Premises, Leased Premises by force picking or changing locks if necessary, and take possession of Tenant’s Property without liability for trespass or conversion, and sell Tenant’s Property, all or any part thereofof such property, with and may sell all or without notice to Tenant, 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’s Property at , sell and convey all or part of such property to the highest bidder, delivering to the highest bidder all of Tenant s title and interest in the property sold. The proceeds of the sale of such property shall be applied by Landlord toward the reasonable costs and Landlord or its assignee may purchase expenses of the sale, including attorney's fees, and apply then toward the proceeds thereof, less any expenses incurred in connection with taking possession and selling Tenant’s Property, as a credit against any payment of all sums then due by Tenant to Landlord pursuant heretounder the terms of this Lease. Any surplus excess remaining after a sale shall be paid to Tenant or any other person entitled thereto by law. This Lease is intended as and any deficiency shall be immediately paid to Landlord by Tenant. Within seven (7) days after Landlord’s request therefor, Tenant shall execute any financing statement or constitutes a security agreement Landlord deems necessary to perfect such security interest within the meaning of the Uniform Commercial Code of the state in Tenant’s Propertywhich the Leased Premises are situated. The lien granted hereunder shall be 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 may be granted a secured party (as that term is defined under such Uniform Commercial Code) under this Lease. Tenant will, on request, execute and deliver to Landlord a financing statement (or continuation statement) for the 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 as a financing statement. All of the above notwithstanding, any Landlord’s lien that may now or at any time hereafter Lien shall be provided by lawsubordinate to ▇▇▇▇▇▇’s trade creditors.
Appears in 1 contract
Sources: Lease Agreement
LANDLORD'S LIEN. In addition to any statutory landlord's lien, now or hereafter enacted, Tenant hereby grants to Landlord Landlord, to secure performance of Tenant's obligations hereunder, a security interest in all goodsof Tenant's property situated in or upon, or used in connection with, the Premises or the Project, and all proceeds thereof (except merchandise sold in the ordinary course of business) (collectively, the "Collateral"), and the Collateral shall not be removed from the Premises or the Project without the prior written consent of Landlord until all obligations of Tenant have been fully performed. Such personalty thus encumbered includes specifically all trade and other fixtures for the purpose of this Section 20 and inventory, furniture, equipment, trade fixtures contract rights, accounts receivable and personal property (collectively, “Tenant’s Property”) belonging to Tenant which are or may be placed in the Premises during the term of this Lease together with all proceeds of the foregoing. Said security interest shall secure all amounts payable by Tenant hereunder, including all costs of collection and any other indebtedness of Tenant to Landlordthereof. Upon the occurrence of a default by Tenant hereunder which is not cured within any applicable cure periodan Event of Default, Landlord may, in addition to and not all other remedies, without notice or demand except as provided below, exercise the rights afforded to a secured party under the Uniform Commercial Code of the state in lieu which the Premises are located (the "UCC"). To the extent the UCC requires Landlord to give to Tenant notice of any act or event and such notice cannot be validly waived before a default occurs, then five-days' prior written notice thereof shall be reasonable notice of the act or event. In order to perfect such security interest, Landlord may file any financing statement or other remedies set forth hereininstrument necessary at Tenant's expense at the state and county Uniform Commercial Code filing offices. Tenant grants to Landlord a power of attorney to execute and file any financing statement or other necessary instrument to perfect Landlord's security interest under this Section 20, enter upon which power is coupled with an interest and is irrevocable during the Premises, by force if necessary, and take possession Term. Landlord may also file a copy of Tenant’s Property without liability for trespass or conversion, and sell Tenant’s Property, or any part thereof, with or without notice to Tenant, at public or private sale, with or without having Tenant’s Property at such sale and Landlord or its assignee may purchase and apply the proceeds thereof, less any expenses incurred in connection with taking possession and selling Tenant’s Property, this Lease as a credit against any sums due by Tenant financing statement to Landlord pursuant hereto. Any surplus remaining after a sale shall be paid to Tenant and any deficiency shall be immediately paid to Landlord by Tenantperfect its security interest in the Collateral. Within seven (7) ten days after Landlord’s following written request therefor, Tenant shall execute any financing statement or security agreement Landlord deems necessary statements to be filed of record to perfect such Landlord's security interest in Tenant’s Property. The lien granted hereunder shall be in addition to any Landlord’s lien that may now or at any time hereafter be provided by lawthe Collateral.
Appears in 1 contract
LANDLORD'S LIEN. Tenant hereby grants In addition to the statutory Landlord’s Lien, Landlord shall have at all times, a valid security interest in to secure payment of all goodsrentals and other sums, inventoryand 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 equipment, fixtures, furniture, equipmentimprovement, trade fixtures and other personal property (collectivelyof Tenant situated on the Premises, “Tenant’s Property”) belonging to Tenant which are or may be placed in the Premises during the term of this Lease together with and all proceeds therefrom, and such property shall not be removed therefrom without the consent of the foregoing. Said security interest Landlord until all sums of money then due to Landlord hereunder shall secure first have been paid and all amounts payable the covenants, agreements and conditions hereof have been fully complied with and performed by Tenant hereunder, including all costs of collection and any other indebtedness of Tenant to Landlord▇▇▇▇▇▇. Upon the occurrence of a any event of default by Tenant hereunder which is not cured within any applicable cure periodTenant, Landlord may, in addition to and not in lieu of any other remedies set forth provided herein, enter upon the Premises, by force if necessary, Premises and take possession of Tenant’s Property any and all goods, wares, equipment, fixtures, furniture, improvements and other personal property of Tenant situated on the Premises, without liability for trespass or conversion, and sell Tenant’s Property, or any part thereof, with or without notice to Tenant, the same at public or private sale, with or without having Tenant’s Property such property at such the sale, after giving Tenant notice of the time and place of any public sale, or of the time after which any private sale and is to be made, at which sale Landlord or its assignee assigns may purchase and apply the unless otherwise prohibited by law. The proceeds thereoffrom any such disposition, less any and all expenses incurred in connection connected with the taking possession of possession, holding and selling Tenantof the property (including reasonable attorney’s Propertyfees and other expenses), shall be applied as a credit against any sums due the indebtedness secured by Tenant to Landlord pursuant heretothe security interest granted in this paragraph. Any surplus remaining after a sale shall be paid to Tenant or as otherwise required by law; and Tenant shall pay any deficiency deficiencies forthwith. Upon request by ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇ 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 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 Subordination, such request for review shall be immediately paid accompanied by a $3,000 review fee, and Landlord may grant such but shall not be required to Landlord by Tenant. Within seven (7) days after Landlord’s request thereforgive any notice, Tenant shall execute any financing statement ability to cure, free occupancy period or security agreement Landlord deems necessary ability to perfect such security interest in conduct sales on premises to Tenant’s Property. The lien granted hereunder shall be in addition to any Landlord’s lien that may now or at any time hereafter be provided by lawlender.
Appears in 1 contract
LANDLORD'S LIEN. In addition to any statutory lien for rent in Landlord's favor, Landlord (the secured party for purposes hereof) shall have and Tenant (the debtor for purposes hereof) hereby grants to Landlord Landlord, a continuing security interest in for all Base Rent, Additional Rent and other sums of money becoming due hereunder from Tenant, upon all goods, inventorywares, equipment, fixtures, furniture, equipmentinventory, trade fixtures accounts, contract rights, chattel paper and other personal property (collectively, “Tenant’s Property”) belonging to of Tenant which are or may be placed in situated on the Premises during the term of subject to this Lease together with and such property shall not be removed therefrom without the consent of Landlord until all proceeds arrearages in Rent as well as any and all sums of money then due to Landlord hereunder shall first have been paid and discharged. In the foregoing. Said security interest shall secure all amounts payable by Tenant hereunder, including all costs of collection and any other indebtedness of Tenant to Landlord. Upon the occurrence event of a default by Tenant hereunder which is not cured within any applicable cure periodunder this Lease, Landlord maylandlord shall have, in addition to and not in lieu of any other remedies set forth hereinprovided herein or by law, enter upon all rights and remedies under the PremisesUniform Commercial Code, by force if necessary, and take possession of Tenant’s Property including without liability for trespass or conversion, and limitation the right to sell Tenant’s Property, or any part thereof, with or without notice to Tenant, the property described in this Section at public or private salesale upon ten (10) days notice to Tenant which notice Tenant hereby agrees is adequate and reasonable. Tenant hereby agrees to execute such other instruments necessary or desirable in Landlord's discretion to perfect the security interest hereby created. Any statutory lien for Rent is not hereby waived, with the express contractual lien herein being granted in addition and supplementary thereto. Tenant warrants and represents that the collateral subject to the security interest granted herein is not purchased or without having Tenant’s Property at such sale and Landlord or its assignee may purchase and apply the proceeds thereof, less any expenses incurred in connection with taking possession and selling Tenant’s Property, as a credit against any sums due used by Tenant to Landlord pursuant heretofor personal, family or household purposes. Any surplus remaining after a sale shall be paid to Tenant further warrants and any deficiency shall be immediately paid to Landlord by Tenant. Within seven (7) days after Landlord’s request therefor, Tenant shall execute any financing statement or security agreement Landlord deems necessary to perfect such security interest in Tenant’s Property. The represents that the lien granted hereunder shall be herein constitutes a first and superior lien and the Tenant will not allow the placing of any other lien upon the property described in addition to any this Section without the prior written consent of Landlord’s lien that may now or at any time hereafter be provided by law.
Appears in 1 contract
LANDLORD'S LIEN. In addition to any statutory lien for rent in Landlord's favor, Landlord (the secured party for purposes hereof) shall have and Tenant (the debtor for purposes hereof) hereby grants to Landlord Landlord, a continuing security interest in for all Base Rent, Additional Rent and other sums of money becoming due hereunder from Tenant, upon all goods, inventorywares, equipment, fixtures, furniture, equipmentinventory, trade fixtures accounts, contract rights, chattel paper and other personal property (collectively, “Tenant’s Property”) belonging to of Tenant which are or may be placed in situated on the Premises during the term of subject to this Lease together with and such property shall not be removed therefrom without the consent of Landlord until all proceeds arrearages in Rent as well as any and all sums of money then due to Landlord hereunder shall first have been paid and discharged. In the foregoing. Said security interest shall secure all amounts payable by Tenant hereunder, including all costs of collection and any other indebtedness of Tenant to Landlord. Upon the occurrence event of a default by Tenant hereunder which is not cured within any applicable cure periodunder this Lease, Landlord maylandlord shall have, in addition to and not in lieu of any other remedies set forth hereinprovided herein or by law, enter upon all rights and remedies under the PremisesUniform Commercial Code, by force if necessary, and take possession of Tenant’s Property including without liability for trespass or conversion, and limitation the right to sell Tenant’s Property, or any part thereof, with or without notice to Tenant, the property described in this Section at public or private salesale upon ten (10) days notice to Tenant which notice Tenant hereby agrees is adequate and reasonable. Tenant hereby agrees to execute such other instruments necessary or desirable in Landlord’s discretion to perfect the security interest hereby created. Any statutory lien for Rent in not hereby waived, with the express contractual lien herein being granted in addition and supplementary thereto. Tenant warrants and represents that the collateral subject to the security interest granted herein is not purchased or without having Tenant’s Property at such sale and Landlord or its assignee may purchase and apply the proceeds thereof, less any expenses incurred in connection with taking possession and selling Tenant’s Property, as a credit against any sums due used by Tenant to Landlord pursuant heretofor personal, family or household purposes. Any surplus remaining after a sale shall be paid to Tenant further warrants and any deficiency shall be immediately paid to Landlord by Tenant. Within seven (7) days after Landlord’s request therefor, Tenant shall execute any financing statement or security agreement Landlord deems necessary to perfect such security interest in Tenant’s Property. The represents that the lien granted hereunder shall be herein constitutes a first and superior lien and the Tenant will not allow the placing of any other lien upon the property described in addition to any this Section without the prior written consent of Landlord’s lien that may now or at any time hereafter be provided by law.
Appears in 1 contract
Sources: Office Lease
LANDLORD'S LIEN. In addition to any statutory landlord’s lien, now or hereafter enacted, Tenant hereby grants to Landlord Landlord, to secure performance of Tenant’s obligations hereunder, a security interest in all goodsof Tenant’s property situated in or upon, or used in connection with, the Premises or the Project, and all proceeds thereof (except merchandise sold in the ordinary course of business) (collectively, the “Collateral”), and the Collateral shall not be removed from the Premises or the Project without the prior written consent of Landlord until all obligations of Tenant have been fully performed. Such personalty thus encumbered includes specifically all trade and other fixtures for the purpose of this Section 20 and inventory, furniture, equipment, trade fixtures contract rights, accounts receivable and personal property (collectively, “Tenant’s Property”) belonging to Tenant which are or may be placed in the Premises during the term of this Lease together with all proceeds of the foregoing. Said security interest shall secure all amounts payable by Tenant hereunder, including all costs of collection and any other indebtedness of Tenant to Landlordthereof. Upon the occurrence of a default by Tenant hereunder which is not cured within any applicable cure periodan Event of Default, Landlord may, in addition to and not all other remedies, without notice or demand except as provided below, exercise the rights afforded to a secured party under the Uniform Commercial Code of the state in lieu which the Premises are located (the “UCC”). To the extent the UCC requires Landlord to give to Tenant notice of any act or event and such notice cannot be validly waived before a default occurs, then five-days’ prior written notice thereof shall be reasonable notice of the act or event. In order to perfect such security interest, Landlord may file any financing statement or other remedies set forth herein, enter upon the Premises, by force if necessary, and take possession of instrument necessary at Tenant’s Property without liability for trespass expense at the state and county Uniform Commercial Code filing offices. Tenant grants to Landlord a power of attorney to execute and file any financing statement or conversionother instrument necessary to perfect Landlord’s security interest under this Section 20, which power is coupled with an interest and sell Tenant’s Property, or any part thereof, with or without notice to Tenant, at public or private sale, with or without having Tenant’s Property at such sale and is irrevocable during the Term. Landlord or its assignee may purchase and apply the proceeds thereof, less any expenses incurred in connection with taking possession and selling Tenant’s Property, also file a copy of this Lease as a credit against any sums due by Tenant financing statement to Landlord pursuant hereto. Any surplus remaining after a sale shall be paid to Tenant and any deficiency shall be immediately paid to Landlord by Tenantperfect its security interest in the Collateral. Within seven (7) ten days after Landlord’s following written request therefor, Tenant shall execute any financing statement or security agreement Landlord deems necessary statements to be filed of record to perfect such Landlord’s security interest in Tenant’s Property. The lien granted hereunder shall be in addition to any Landlord’s lien that may now or at any time hereafter be provided by lawthe Collateral.
Appears in 1 contract
Sources: Lease Agreement (Energytec Inc)
LANDLORD'S LIEN. To secure Tenant's obligations under this Lease, Tenant hereby grants to Landlord a contractual security interest in on all goods, inventory, of Tenant's owned furniture, equipment, trade fixtures and personal property (collectively, “Tenant’s Property”) belonging to Tenant which are equipment now or may be placed hereafter situated in the Premises during the term of this Lease together with and all proceeds of the foregoing. Said security interest shall secure all amounts payable by Tenant hereundertherefrom, including insurance proceeds (collective, "Collateral"). No Collateral shall be removed from the Premises without Landlord's prior written consent until all costs of collection Tenant's obligations are fully satisfied (except in the ordinary course of business and any other indebtedness then only if replaced with items of Tenant to Landlordsame value and quality). Upon the occurrence any uncured event of a default by Tenant hereunder which is not cured within any applicable cure period(as defined in this Lease), Landlord may, to the fullest extent permitted by Law and in addition to and not in lieu of any other remedies set forth provided herein, enter upon the Premises, by force if necessary, Premises and take possession of Tenant’s Property any Collateral without liability being held liable for trespass or conversion, and sell Tenant’s Property, or any part thereof, with or without notice to Tenant, 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 Tenant’s Property return receipt requested. Unless prohibited by Law, any Landlord Party may purchase any Collateral at such sale and Landlord or its assignee may purchase and apply the sale. The proceeds thereoffrom such sale, less any expenses incurred in connection with taking possession Landlord's expenses, including reasonable attorneys' fees and selling other expenses, shall be credited against Tenant’s Property, as a credit against any sums due by Tenant to Landlord pursuant hereto's obligations. Any surplus remaining after a sale shall be paid to Tenant (or as otherwise required by Law) and any deficiency shall be immediately paid by Tenant to Landlord by Tenantupon demand. Within seven (7) days after Landlord’s request thereforUpon request, Tenant shall execute any and deliver to Landlord a financing statement or security agreement Landlord deems necessary sufficient to perfect such the foregoing security interest in Tenant’s Propertyor Landlord may file a copy of this Lease as a financing statement, as permitted under Law. The lien granted hereunder shall be in addition to any Landlord’s lien that may now or at any time hereafter be provided by lawLandlord retains all statutory rights.
Appears in 1 contract
Sources: Office Lease (PROS Holdings, Inc.)
LANDLORD'S LIEN. In addition to any statutory lien granted by applicable law, Landlord shall have a lien upon, and Tenant hereby grants to Landlord a security interest in in, all goods, inventory, furniture, equipment, trade fixtures and personal property (collectively, “Tenant’s Property”) belonging to of Tenant which are now or may be placed hereafter located in the Premises during as security for the term payment of all rent and the performance of all other obligations of Tenant required by this Lease together with Lease. In order to perfect and enforce said lien and security interest, ▇▇▇▇▇▇ agrees to execute all proceeds required financing statements whenever requested by ▇▇▇▇▇▇▇▇. After an Event of the foregoing. Said security interest shall secure all amounts payable Default by Tenant hereunder, including all costs of collection and Tenant may not remove any other indebtedness of Tenant to Landlord. Upon the occurrence of a default by Tenant hereunder which is not cured within any applicable cure period, Landlord may, in addition to and not in lieu of any other remedies set forth herein, enter upon personal property from the Premises, by force if necessaryand, without further notice to Tenant, Landlord may enter the Premises and seize and take possession of Tenant’s Property without liability for trespass or conversionany and all personal property which may be found in and upon the Premises. If ▇▇▇▇▇▇ fails to redeem the personal property so seized by payment of all sums due Landlord under and by virtue of this Lease, and sell Tenant’s PropertyLandlord shall have the right, or any part thereof, with or without after ten (10) days’ written notice to Tenant▇▇▇▇▇▇, to sell such personal property so seized at public or private sale and upon such terms and conditions as may appear advantageous to Landlord, and ▇▇▇▇▇▇ agrees to indemnify and hold landlord harmless against any claim to any such personal property by any third party. Landlord may be the purchaser at any such sale. After the payment of all proper charges incident to such sale, with or without having Tenant’s Property at such sale and Landlord or its assignee may purchase and apply the proceeds thereof, less thereof shall be applied to the payment of any expenses incurred in connection with taking possession and selling Tenant’s Property, as a credit against all sums due to Landlord pursuant to this Lease. In the event there shall be any surplus remaining after the payment of any sums due by Tenant to Landlord pursuant hereto. Any Landlord, such surplus remaining after a sale shall be paid over to Tenant and any deficiency shall be immediately paid to Landlord by Tenant. Within seven (7) days after Landlord’s request therefor, Tenant shall execute any financing statement or security agreement Landlord deems necessary to perfect such security interest in Tenant’s Property. The lien granted hereunder shall be in addition to any Landlord’s lien that may now or at any time hereafter be provided by law.
Appears in 1 contract
Sources: Lease Agreement
LANDLORD'S LIEN. To secure Tenant’s obligations under this Lease, Tenant hereby grants to Landlord a contractual security interest in on all goods, inventory, of Tenant’s furniture, equipment, trade fixtures and personal property equipment now or hereafter situated in the Premises and all proceeds therefrom, including insurance proceeds (collectively, “Collateral”). No Collateral shall be removed from the Premises without Landlord’s prior written consent until all of Tenant’s Property”) belonging to Tenant which obligations are or may be placed fully satisfied (except in the Premises during the term ordinary course of this Lease together business and then only if replaced with all proceeds items of the foregoing. Said security interest shall secure all amounts payable by Tenant hereunder, including all costs of collection same or greater value and any other indebtedness of Tenant to Landlordquality). Upon the occurrence any event of a default by Tenant hereunder which is not cured within any applicable cure perioddefault, Landlord may, to the fullest extent permitted by Law and in addition to and not in lieu of any other remedies set forth provided herein, enter upon the Premises, by force if necessary, Premises and take possession of Tenant’s Property any Collateral without liability being held liable for trespass or conversion, and sell Tenant’s Property, or any part thereof, with or without notice to Tenant, the same at public or private sale, after giving Tenant at least 5 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 return receipt requested. Unless prohibited by Law, any Landlord Party may purchase any Collateral at such sale. The proceeds from such sale, less Landlord’s expenses, including reasonable attorneys’ fees and other expenses, shall be credited against Tenant’s Property at such sale and Landlord or its assignee may purchase and apply the proceeds thereof, less any expenses incurred in connection with taking possession and selling Tenant’s Property, as a credit against any sums due by Tenant to Landlord pursuant heretoobligations. Any surplus remaining after a sale shall be paid to Tenant (or as otherwise required by Law) and any deficiency shall be immediately paid by Tenant to Landlord by Tenantupon demand. Within seven (7) days after Landlord’s request thereforUpon request, Tenant shall execute any and deliver to Landlord a financing statement or security agreement Landlord deems necessary sufficient to perfect such the foregoing security interest in Tenant’s Property. The lien granted hereunder shall be in addition to any Landlord’s lien that interest, or Landlord may now or at any time hereafter be provided by law.file a copy of this Lease as a financing statement, as permitted under Law.43
Appears in 1 contract
Sources: Office Lease (Gainsco Inc)
LANDLORD'S LIEN. Against Tenant's Equipment. Landlord hereby agrees that should Tenant hereby grants default in the performance of any of its obligations hereunder, it will not assert against any of the Equipment, any statutory, contractual, possessory, or other liens, including, without limitation, rights of levy or distraint for rent, it may have or assert under this Lease until Landlord has first given Lender (a) written notice of the default under the Lease or other event creating such lien and (b) 60 days to Landlord a either cure or cause Tenant to cure such default or other event or remove the Equipment from the Real Property. If Lender has not cured such default or other event by the end of such 60-day period, Lender's security interest in all goodsthe Equipment shall be deemed to be subordinate to any of Landlord's statutory, inventorycontractual, furniture, equipment, trade fixtures possessory or other liens; provided that Lender/shall have no obligation to cure or cause such default to be cured. Nothing provided herein shall waive or be deemed a waiver any rights Landlord may have to make a claim against Tenant for amounts due and personal property (collectively, “Tenant’s Property”) belonging to Tenant which are or may be placed in the Premises during the term of this Lease together with all proceeds of the foregoing. Said security interest shall secure all amounts payable owing by Tenant hereunder, including all costs of collection and any other indebtedness of Tenant to Landlord. Upon the occurrence of a If, after any default by Tenant hereunder which is not cured within under its obligations to Lender and the passage of any applicable cure periodperiod without Tenant curing such default, Lender undertakes to enforce its remedies against the Equipment, Landlord maywill, in addition good faith, cooperate with Lender in its efforts to promptly assemble and not remove all of the Equipment located on the Real Property within the time period specified in lieu of this paragraph; provided that Lender shall repair any other remedies set forth herein, enter upon the Premises, by force if necessary, and take possession of Tenant’s Property without liability for trespass or conversion, and sell Tenant’s Property, or any part thereof, with or without notice damage to Tenant, at public or private sale, with or without having Tenant’s Property at 's Building caused by such sale and Landlord or its assignee may purchase and apply the proceeds thereof, less any expenses incurred in connection with taking possession and selling Tenant’s Property, as a credit against any sums due by Tenant to Landlord pursuant hereto. Any surplus remaining after a sale shall be paid to Tenant and any deficiency shall be immediately paid to Landlord by Tenant. Within seven (7) days after Landlord’s request therefor, Tenant shall execute any financing statement or security agreement Landlord deems necessary to perfect such security interest in Tenant’s Property. The lien granted hereunder shall be in addition to any Landlord’s lien that may now or at any time hereafter be provided by lawremoval.
Appears in 1 contract
LANDLORD'S LIEN. Tenant hereby grants to Landlord shall have at all times during the Term of this Agreement, a security interest in 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, trade fixtures vehicles and other personal property (collectivelyand effects of Tenant situated in or upon the Leased Property, “including Tenant’s Property”) belonging Personal Property or any derivation or replacement thereof or addition thereto applied by Affiliated Persons of Guarantor to Tenant which are or other facilities, and such property shall not be removed therefrom except in accordance with the terms of this 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. Alternatively, the lien hereby granted may be placed foreclosed in the Premises manner and form provided by Applicable Law for foreclosure of security interests or in any other manner and form provided by Applicable 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 Term of this Lease together with all proceeds Agreement such Financing Statements as may be required by Landlord in order to perfect the Landlord’s lien provided for herein or granted or created by State law. Tenant further agrees that during an Event of the foregoing. Said security interest shall secure all amounts payable Default by Tenant hereunder, including all costs of collection and any other indebtedness involving a failure of Tenant to Landlord. Upon pay any Rent or other monetary sum hereunder, the occurrence of a default by Tenant hereunder which is not cured within any applicable cure period, Landlord may, terms and provisions in addition to and not in lieu of any other remedies set forth herein, enter upon the Premises, by force if necessary, and take possession of Tenant’s Property without liability for trespass or conversion, and sell Tenant’s Property, or any part thereof, with or without notice to Tenant, at public or private sale, with or without having Tenant’s Property at such sale and Landlord or its assignee may purchase and apply the proceeds thereof, less any expenses incurred in connection with taking possession and selling Tenant’s Property, as a credit against any sums due by Tenant to Landlord pursuant hereto. Any surplus remaining after a sale Section 22.4 shall be paid to Tenant and any deficiency shall be immediately paid to Landlord by Tenant. Within seven (7) days after Landlord’s request therefor, Tenant shall execute any financing statement or security agreement Landlord deems necessary to perfect such security interest in Tenant’s Property. The lien granted hereunder shall be in addition to any Landlord’s lien that may now or at any time hereafter be provided by lawapplicable.
Appears in 1 contract
LANDLORD'S LIEN. Tenant hereby grants In addition to the statutory Landlord's lien, Landlord shall have, at all times, a valid security interest in to secure payment of all 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, inventorywares, equipment, fixture, furniture, equipment, trade fixtures improvements and other personal property (collectivelyof Tenant presently or which may hereafter be situated on the premises, “Tenant’s Property”) belonging to Tenant which are or may be placed in the Premises during the term of this Lease together with and all proceeds therefrom and such property shall not be removed therefrom without the 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 the foregoing. Said security interest shall secure all amounts payable covenants, agreements and conditions hereof have been fully complied with and performed by Tenant hereunder, including all costs of collection and any other indebtedness of Tenant to LandlordTenant. Upon the occurrence of a an event of default by Tenant hereunder which is not cured within any applicable cure periodTenant, Landlord may, in addition to and not in lieu of any other remedies set forth provided herein, enter upon the Premises, by force if necessary, premises and take possession of Tenant’s Property any and all goods, wares, equipment, fixtures, furniture, improvements and other personal property of Tenant situated on the premise, without liability for trespass or conversion, and sell Tenant’s Property, or any part thereof, with or without notice to Tenant, the same at public or private sale, with or without having Tenant’s Property such property at such the sale, after giving Tenant reasonable notice of the time and place of any public sale and or of the time after which any private sale is to be made, at which sale the Landlord or its assignee assigns may purchase unless otherwise prohibited by law. Unless otherwise provided by law, and apply 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 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 incurred in connection connected with the taking possession of possession, holding and selling Tenant’s Propertyof the property (including reasonable attorneys' fees and other expenses), shall be applied as a credit against any sums due the indebtedness secured by Tenant to Landlord pursuant heretothe security interest granted in this paragraph 24. Any surplus remaining after a sale shall be paid to Tenant or as otherwise required by law; and the Tenant shall pay any deficiency shall be immediately paid deficiencies forthwith. Upon request by Landlord, Tenant agrees to execute and deliver to Landlord by Tenant. Within seven (7) days after Landlord’s request therefor, Tenant shall execute any a financing statement or security agreement Landlord deems necessary in form sufficient to perfect such the security interest of Landlord in Tenant’s Propertythe 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 hereunder shall be being in addition to any Landlord’s lien that may now or at any time hereafter be provided by lawand supplementary thereto.
Appears in 1 contract
Sources: Lease Agreement (Omega Research Inc)
LANDLORD'S LIEN. Tenant hereby grants In addition to the statutory Landlord's lien, Landlord shall have at all times, a valid security interest in to secure payment of all 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, inventorywares, equipment, fixtures, furniture, equipment, trade fixtures improvements and other personal property (collectively, “Tenant’s Property”) belonging to of Tenant presently or which are or may hereafter be placed in situated on the Premises during the term of this Lease together with and all proceeds therefrom, and such property shall not be removed therefrom without the consent of the foregoing. Said security interest shall secure Landlord until all amounts payable by Tenant arrearages in rent, as well as any and all other sums of money than due to Landlord hereunder, including shall first have been paid and discharged and all costs of collection the covenants, agreements and any other indebtedness of Tenant to Landlordconditions hereof have been fully complied with and performed by Tenant. Upon the occurrence of a an event of default by Tenant hereunder which is not cured within any applicable cure periodTenant, Landlord may, in addition to and not in lieu of any other remedies set forth provided herein, enter upon the Premises, by force if necessary, Premises and take possession of Tenant’s Property any and all goods, wares, equipment, fixtures, furniture, improvements and other personal property of Tenant situated on the Premises, without liability for trespass or conversion, and sell Tenant’s Property, or any part thereof, with or without notice to Tenant, the same at public or private sale, with or without having Tenant’s Property such property at such the sale, after giving Tenant reasonable notice of the time and place of any public sale and or of the time after which any private sale is to be made, at which sales the Landlord or its assignee assigns may purchase unless otherwise prohibited by law. Unless otherwise provided by law, and apply 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 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 incurred in connection connected with the taking possession of possession, holding and selling Tenant’s Propertyof 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 to Landlord pursuant heretothe security interest granted in this paragraph 24. Any surplus remaining after a sale shall be paid to Tenant or as otherwise required by law; and the Tenant shall pay any deficiency shall be immediately paid deficiencies forthwith. Upon request by Landlord, Tenant agrees to execute and deliver to Landlord by Tenant. Within seven (7) days after Landlord’s request therefor, Tenant shall execute any a financing statement or security agreement Landlord deems necessary in form sufficient to perfect such the security interest of Landlord in Tenant’s Propertythe 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 hereunder shall be being in addition to any Landlord’s lien that may now or at any time hereafter be provided by lawand supplementary thereto.
Appears in 1 contract
LANDLORD'S LIEN. To secure Tenant's obligations under this Lease, 'Tenant hereby grants to Landlord a contractual security interest on all of Tenant's FF&E now or hereafter situated in the Premises and all goodsproceeds therefrom, inventory, furniture, equipment, trade fixtures and personal property including insurance proceeds (collectively, “"Collateral"). No Collateral shall be removed from the Premises without Landlord's prior written consent until all of Tenant’s Property”) belonging to Tenant which 's obligations are or may be placed fully satisfied (except in the Premises during the term ordinary course of this Lease together business and then only if replaced with all proceeds items of the foregoing. Said security interest shall secure all amounts payable by Tenant hereunder, including all costs of collection same value and any other indebtedness of Tenant to Landlordquality). Upon the occurrence any Event of a default by Tenant hereunder which is not cured within any applicable cure periodDefault, Landlord may, to the fullest extent permitted by Applicable Law and in addition to and not in lieu of any other remedies set forth provided herein, enter upon the Premises, by force if necessary, Premises and take possession of Tenant’s Property any Collateral without liability being held liable for trespass or conversion, and sell Tenant’s Property, or any part thereof, with or without notice to Tenant, the same at public or private sale, after giving Tenant at least 5 days written notice (or more if required by Applicable Law) of the time and place of such sale. Such notice may be sent with or without having Tenant’s Property return receipt requested. Unless prohibited by Applicable Law, any Landlord Party may purchase any Collateral at such sale and Landlord or its assignee may purchase and apply the sale. The proceeds thereoffrom such sale, less any expenses incurred in connection with taking possession Landlord's expenses, including reasonable attorneys' fees and selling other expenses, shall be credited against Tenant’s Property, as a credit against any sums due by Tenant to Landlord pursuant hereto's obligations. Any surplus remaining after a sale shall be paid to Tenant (or as otherwise required by Applicable Law) and any deficiency shall be immediately paid by Tenant to Landlord by Tenantupon demand. Within seven (7) days after Landlord’s request thereforUpon request, Tenant shall execute any and deliver to Landlord a financing statement or security agreement Landlord deems necessary sufficient to perfect such the foregoing security interest in Tenant’s Property. The lien granted hereunder shall be in addition to any Landlord’s lien that or Landlord may now or at any time hereafter be provided by lawfile a copy of this Lease as a financing statement, as permitted under Applicable Law.
Appears in 1 contract
Sources: Office Lease (Infonow Corp /)
LANDLORD'S LIEN. In addition to the statutory Landlord’s lien, Landlord shall have, at all times, and Tenant hereby grants to Landlord Landlord, a valid security interest in to secure payment of all goodsrentals and other sums of money becoming due hereunder from Tenant, inventoryand to secure payment of any damages or loss which Landlord may suffer by reason of the breach by Tenant of any covenant, furnitureagreement or condition contained herein, upon all equipment, trade fixtures fixtures, furniture and personal property (collectivelyimprovements of Tenant presently or which may hereafter be situated on the Premises, “Tenant’s Property”) belonging to Tenant which are or may be placed in the Premises during the term of this Lease together with and all proceeds therefrom, and such property shall not be removed therefrom without the consent of Landlord until all arrearages in Base Rent and Additional 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 foregoing. Said security interest shall secure all amounts payable covenants, agreements and conditions hereof have been fully complied with and performed by Tenant hereunder, including all costs of collection and any other indebtedness of Tenant to LandlordTenant. Upon the occurrence of a default by Tenant hereunder which is not cured within any applicable cure periodEvent of Default, Landlord may, in addition to and not in lieu of any other remedies set forth provided herein, enter upon the Premises, by force if necessary, Premises and take possession of Tenant’s Property any and all equipment, fixtures, furniture and improvements of Tenant situated on the Premises, without liability for trespass or conversion, and sell Tenant’s Property, or any part thereof, with or without notice to Tenant, the same at public or private sale, with or without having Tenant’s Property at such sale and Landlord or its assignee may purchase and apply the proceeds thereof, less any expenses incurred in connection with taking possession and selling Tenant’s Property, as a credit against any sums due by Tenant to Landlord pursuant hereto. Any surplus remaining after a sale shall be paid to Tenant or as otherwise required by law; and Tenant shall pay any deficiency shall be immediately paid deficiencies therein to Landlord by Tenantforthwith. Within seven (7) days after Landlord’s request therefor, Tenant Landlord shall execute any have the right to file a financing statement or in form sufficient to perfect the security agreement interest of Landlord deems in the aforementioned property and proceeds thereof under the provisions of the applicable Uniform Commercial Code. Tenant authorizes Landlord to file such instruments as are necessary to perfect such the security interest of Landlord granted in Tenant’s Property. The lien granted hereunder shall be in addition to any Landlord’s lien that may now or at any time hereafter be provided by lawthis Section 27.
Appears in 1 contract
Sources: Lease Agreement (InterDigital, Inc.)
LANDLORD'S LIEN. To secure Tenant’s obligations under this Lease, Tenant hereby grants to Landlord a contractual security interest in on all of Tenant’s inventory, goods, inventoryconsumer goods and equipment now or hereafter situated in the Premises and all proceeds therefrom, furniture, equipment, trade fixtures and personal property including insurance proceeds (collectively, “Collateral”). No Collateral shall be removed from the Premises without Landlord’s prior written consent until all of Tenant’s Property”) belonging to Tenant which obligations are or may be placed fully satisfied (except in the Premises during the term ordinary course of this Lease together business and then only if replaced with all proceeds items of the foregoing. Said security interest shall secure all amounts payable by Tenant hereunder, including all costs of collection same or greater value and any other indebtedness of Tenant to Landlordquality). Upon the occurrence any event of a default by Tenant hereunder which is not cured within any applicable cure perioddefault, Landlord may, to the fullest extent permitted by Law and in addition to and not in lieu of any other remedies set forth provided herein, enter upon the Premises, by force if necessary, Premises and take possession of Tenant’s Property any Collateral without liability being held liable for trespass or conversion, and sell Tenant’s Property, or any part thereof, with or without notice to Tenant, 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 return receipt requested. Unless prohibited by Law, any Landlord Party may purchase any Collateral at such sale. Subject to applicable Law, the proceeds from such sale, less Landlord’s expenses, including reasonable attorneys’ fees and other expenses, shall be credited against Tenant’s Property at such sale and Landlord or its assignee may purchase and apply the proceeds thereof, less any expenses incurred in connection with taking possession and selling Tenant’s Property, as a credit against any sums due by Tenant to Landlord pursuant heretoobligations. Any surplus remaining after a sale shall be paid to Tenant (or as otherwise required by Law) and any deficiency shall be immediately paid by Tenant to Landlord by Tenantupon demand. Within seven (7) days after Tenant hereby authorizes Landlord to file a financing statement sufficient to perfect the foregoing security interest, or to file a copy of this Lease as a financing statement, as permitted under Law. Notwithstanding the foregoing, Landlord’s request therefor, Tenant shall execute any financing statement or security agreement Landlord deems necessary to perfect such security interest (i) shall not attach to any personal property subject to an existing perfected security interest (but only for so long as such other security interest exists) in Tenant’s Property. The lien granted hereunder favor of a bank or other Financial institution whose loan and security agreements with Tenant prohibit any other liens on such collateral, but (ii) shall be in addition subordinate to any Landlord’s lien such existing security interests that may now or at any time hereafter be provided by lawdo not prohibit subordinate liens.
Appears in 1 contract
LANDLORD'S LIEN. Tenant hereby grants In addition to the statutory landlord's lien, Landlord shall have, at all times, a valid security interest in to secure payments of all 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, inventorywares, equipment, fixtures, furniture, equipment, trade fixtures improvements and other personal property (collectively, “Tenant’s Property”) belonging to of Tenant presently or which are or may hereafter be placed situated in the Premises during the term of this Lease together with Property and all proceeds therefrom, and such property shall not be removed therefrom without the consent of the foregoing. Said security interest shall secure Landlord until all amounts payable by Tenant arrearages in rent, as well as any and all other sums of money then due to Landlord hereunder, including shall first have been paid and discharged and all costs of collection the covenants, agreements and any other indebtedness of Tenant to Landlordconditions hereof have been fully complied with and performed by Tenant. Upon the occurrence of a an event of default by Tenant hereunder which is not cured within any applicable cure periodTenant, Landlord may, in addition to and not in lieu of any other remedies set forth provided herein, enter upon the Premises, by force if necessary, Property and take possession of Tenant’s Property any and all goods, wares, equipment, fixtures, furniture, improvements, and other personal property of Tenant situated in the Property, without liability for trespass or conversion, and sell Tenant’s Property, or any part thereof, with or without notice to Tenant, the same at public or private sale, with or without having Tenant’s Property such property at such the sale, after giving Tenant reasonable notice of the time and place of any public sale and or of the time after which any private sale is to be made, at which sale the Landlord or its assignee assigns may purchase unless otherwise prohibited by law. Unless otherwise provided by law, and apply 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 (5) days before the time of sale. The proceeds thereoffrom any such disposition, less any and all expenses incurred in connection connected with the taking possession of possession, holding and selling Tenant’s Propertyof 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 to Landlord pursuant heretothe security interest granted in this Section 17. Any surplus remaining after a sale shall be paid to Tenant or as otherwise required by law; and Tenant shall pay any deficiency shall be immediately paid to Landlord by Tenantdeficiencies forthwith. Within seven (7) days after Upon request of the Landlord’s request therefor, Tenant shall agrees to execute any and deliver to Tenant a financing statement or security agreement Landlord deems necessary in form sufficient to perfect such the security interest of Landlord in Tenant’s Propertythe aforementioned property and proceeds thereof under the provisions of the Uniform Commercial Code in force in the State of Florida. The statutory lien for rent is not hereby waived, the security interest herein granted hereunder shall be being in addition to any Landlord’s lien that may now or at any time hereafter be provided by lawand supplementary thereto.
Appears in 1 contract
LANDLORD'S LIEN. To secure Tenant’s obligations under this Lease, Tenant hereby grants to Landlord a contractual security interest on all of Tenant’s Property now or hereafter situated in the Premises and all goodsproceeds therefrom, inventory, furniture, equipment, trade fixtures and personal property including insurance proceeds (collectively, “Collateral”). No Collateral shall be removed from the Premises without Landlord’s prior written consent until all of Tenant’s Property”) belonging to Tenant which obligations are or may be placed fully satisfied (except in the Premises during the term ordinary course of this Lease together business and then only if replaced with all proceeds items of the foregoing. Said security interest shall secure all amounts payable by Tenant hereunder, including all costs of collection same value and any other indebtedness of Tenant to Landlordquality). Upon the occurrence any Event of a default by Tenant hereunder which is not cured within any applicable cure periodDefault, Landlord may, to the fullest extent permitted by Applicable Law and in addition to and not in lieu of any other remedies set forth provided herein, enter upon the Premises, by force if necessary, Premises and take possession of Tenant’s Property any Collateral without liability being held liable for trespass or conversion, and sell Tenant’s Property, or any part thereof, with or without notice to Tenant, the same at public or private sale, after giving Tenant at least 5 days written notice (or more if required by Applicable Law) of the time and place of such sale. Such notice may be sent with or without having return receipt requested. Unless prohibited by Applicable Law, any Landlord Party may purchase any Collateral at such sale. The proceeds from such sale, less Landlord’s expenses, including reasonable attorneys’ fees and other expenses, shall be credited against Tenant’s Property at such sale and Landlord or its assignee may purchase and apply the proceeds thereof, less any expenses incurred in connection with taking possession and selling Tenant’s Property, as a credit against any sums due by Tenant to Landlord pursuant heretoobligations. Any surplus remaining after a sale shall be paid to Tenant (or as otherwise required by Applicable Law) and any deficiency shall be immediately paid by Tenant to Landlord by Tenantupon demand. Within seven (7) days after Landlord’s request thereforUpon request, Tenant shall execute any and deliver to Landlord a financing statement or security agreement Landlord deems necessary sufficient to perfect such the foregoing security interest or Landlord may, at its option, file a copy of this Lease as a financing statement, as permitted under Applicable Law. Notwithstanding anything contained herein to the contrary, Landlord shall not be obligated to entertain or consider any request by Tenant for Landlord to subordinate Landlord’s security interest and lien in the Collateral unless each request by ▇▇▇▇▇▇ is accompanied by a nonrefundable fee payable to Landlord in the amount of $500.00 to cover Landlord’s administrative, legal, and other costs and expenses incurred in processing each of Tenant’s Property. The lien granted hereunder shall be in addition to any Landlord’s lien that may now or at any time hereafter be provided by lawrequests.
Appears in 1 contract
Sources: Office Lease (TWFG, Inc.)
LANDLORD'S LIEN. In addition to any statutory landlord’s lien now or hereafter enacted, Tenant hereby grants to Landlord Landlord, to secure performance of ▇▇▇▇▇▇’s obligations hereunder, a security interest in all goodsof Tenant’s property situated in or upon, or used in connection with. the Premises or the Project, and all proceeds thereof (except merchandise sold in the ordinary course of business) (collectively, the “Collateral”), and the Collateral shall not be removed from the Premises or the Project without the prior written consent of Landlord until all obligations of Tenant have been fully performed. Such personalty thus encumbered includes specifically all trade and other fixtures for the purpose of this Section 20 and inventory, furniture, equipment, trade fixtures contract rights, accounts receivable and personal property (collectively, “Tenant’s Property”) belonging to Tenant which are or may be placed in the Premises during the term of this Lease together with all proceeds of the foregoing. Said security interest shall secure all amounts payable by Tenant hereunder, including all costs of collection and any other indebtedness of Tenant to Landlordthereof. Upon the occurrence of a default by Tenant hereunder which is not cured within any applicable cure periodan Event of Default, Landlord may, in addition to and not all other remedies, without notice or demand except as provided below, exercise the rights afforded to a secured party under the Uniform Commercial Code of the state in lieu which the Premises are located (the “UCC”). To the extent the UCC requires Landlord to give to Tenant notice of any other remedies set forth hereinact or event and such notice cannot be validly waived before a default occurs, enter upon the Premises, by force if necessary, and take possession of Tenant’s Property without liability for trespass or conversion, and sell Tenant’s Property, or any part thereof, with or without then five-days’ prior written notice to Tenant, at public or private sale, with or without having Tenant’s Property at such sale and Landlord or its assignee may purchase and apply the proceeds thereof, less any expenses incurred in connection with taking possession and selling Tenant’s Property, as a credit against any sums due by Tenant to Landlord pursuant hereto. Any surplus remaining after a sale thereof shall be paid reasonable notice of the act or event. In order to Tenant and any deficiency shall be immediately paid to perfect such security interest, Landlord by Tenant. Within seven (7) days after Landlord’s request therefor, Tenant shall execute may file any financing statement or security agreement other instrument necessary at Tenant’s expense at the state and county Uniform Commercial Code filing offices. Tenant grants to Landlord deems a power of attorney to execute and file any financing statement or other instrument necessary to perfect such Landlord’s security interest under this Section 20, which power is coupled with an interest and is irrevocable during the Term. Landlord may also file a copy of this Lease as a financing statement to perfect its security interest in Tenantthe Collateral. Within ten days following written request therefor, ▇▇▇▇▇▇ shall execute financing statements to be filed of record to perfect Landlord’s Propertysecurity interest in the Collateral. The lien granted hereunder shall be Notwithstanding the foregoing to the contrary, ▇▇▇▇▇▇▇▇ agrees that upon request by ▇▇▇▇▇▇, and further provided that no Event of Default is then in addition existence, Landlord will execute and deliver an agreement to any ▇▇▇▇▇▇’s supplier or institutional financial source in a form mutually acceptable to both parties, whereby Landlord will subordinate Landlord’s lien that may now to the security interest of ▇▇▇▇▇▇’s supplier or at any time hereafter be provided by lawinstitutional financial source, subject to the terms and provisions of such separate agreement.
Appears in 1 contract
LANDLORD'S LIEN. Tenant hereby grants In addition to the statutory landlord's lien, Landlord shall have, at all times, a valid security interest in to secure payments of all 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, inventorywares, equipment, fixtures, furniture, equipment, trade fixtures improvements and other personal property (collectively, “Tenant’s Property”) belonging to of Tenant presently or which are or may hereafter be placed situated in the Premises during the term of this Lease together with Property, and all proceeds therefrom, and such property shall not be removed therefrom without the 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 the foregoing. Said security interest shall secure all amounts payable covenants, agreements and conditions hereof have been fully complied with and performed by Tenant hereunder, including all costs of collection and any other indebtedness of Tenant to LandlordTenant. Upon the occurrence of a an event of default by Tenant hereunder which is not cured within any applicable cure periodTenant, Landlord may, in addition to and not in lieu of any other remedies set forth provided herein, enter upon the Premises, by force if necessary, Property and take possession of Tenant’s Property any and all goods, wares, equipment, fixtures, furniture, improvements and other personal property of Tenant situated in the Property, without liability for trespass or conversion, and sell Tenant’s Property, or any part thereof, with or without notice to Tenant, the same at public or private sale, with or without having Tenant’s Property such property at such the sale, after giving Tenant reasonable notice of the time and place of any public sale and or of the time after which any private sale is to be made, at which sale Landlord or its assignee assigns may purchase unless otherwise prohibited by law. Unless otherwise provided by law, and apply 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 (5) days before the time of sale. The proceeds thereoffrom any such disposition, less any and all expenses incurred in connection connected with the taking possession of possession, holding and selling Tenant’s Propertyof 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 to Landlord pursuant heretothe security interest granted in this Section. Any surplus remaining after a sale shall be paid to Tenant or as otherwise required by law; and Tenant shall pay any deficiency shall be immediately paid to Landlord by Tenantdeficiencies forthwith. Within seven (7) days after Upon request of Landlord’s request therefor, Tenant shall agrees to execute any and deliver to Tenant a financing statement or security agreement Landlord deems necessary in form sufficient to perfect such the security interest of Landlord in Tenant’s Propertythe aforementioned property and proceeds thereof under the provisions of the Uniform Commercial Code in force in the State of Florida. The statutory lien for rent is not hereby waived, the security interest herein granted hereunder shall be being in addition to any Landlord’s lien that may now or at any time hereafter be provided by lawand supplementary thereto.
Appears in 1 contract
LANDLORD'S LIEN. In addition to any statutory lien for rent in Landlord's favor, Landlord shall have and Tenant hereby grants to Landlord a continuing security interest in for all rentals and other sums of money becoming due hereunder from Tenant, upon all goods, inventorywares, equipment, fixtures, furniture, equipmentinventory, trade fixtures accounts, contract rights, chattel paper and other personal property (collectively, “Tenant’s Property”) belonging to Tenant which are or may be placed in the Premises during the term of this Lease together with all proceeds of the foregoing. Said security interest shall secure all amounts payable by Tenant hereunder, including all costs of collection and any other indebtedness of Tenant situated on the Leased Premises, all additions and replacements of such property, the proceeds thereof of such property and all after-acquired property of Tenant located on the Leased Premises. Such property shall not be removed therefrom without the consent of Landlord until all arrearages in rent as well as any and all other sums of money then due to LandlordLandlord hereunder shall first have been paid and discharged. Upon In the occurrence event of a default by Tenant hereunder which is not cured within any applicable cure periodunder this Lease, Landlord mayshall have, in addition to and not in lieu of any other remedies set forth hereinprovided herein or by law or at equity, enter upon all rights and remedies under the PremisesUniform Commercial Code, by force if necessary, and take possession of Tenant’s Property including without liability for trespass or conversion, and limitation the right to sell Tenant’s Property, or any part thereof, with or without notice to Tenant, the property described in this Paragraph 19 at public or private sale, with sale upon five (5) days notice to Tenant. Tenant hereby agrees to execute such financing statements and other instruments necessary or without having Tenant’s Property at such sale and Landlord or its assignee may purchase and apply desirable in Landlord's discretion to perfect the proceeds thereof, less any expenses incurred in connection with taking possession and selling Tenant’s Property, as a credit against any sums due by Tenant to Landlord pursuant heretosecurity interest hereby created. Any surplus remaining after a sale shall be paid to Tenant and any deficiency shall be immediately paid to Landlord by Tenant. Within seven (7) days after Landlord’s request thereforstatutory lien for rent is not hereby waived, Tenant shall execute any financing statement or security agreement Landlord deems necessary to perfect such security interest in Tenant’s Property. The the express contractual lien herein granted hereunder shall be being in addition to any Landlord’s lien that may now or at any time hereafter be provided by lawand supplementary thereto.
Appears in 1 contract
LANDLORD'S LIEN. Tenant hereby grants In addition to the statutory landlord’s lien, Landlord shall have, at all times, a valid security interest in to secure payments of all 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, inventorywares, equipment, fixtures, furniture, equipment, trade fixtures improvements and other personal property (collectively, “Tenant’s Property”) belonging to of Tenant presently or which are or may hereafter be placed situated in the Premises during the term of this Lease together with Property and all proceeds therefrom, and such property shall not be removed therefrom without the consent of the foregoing. Said security interest shall secure Landlord until all amounts payable by Tenant arrearages in rent, as well as any and all other sums of money then due to Landlord hereunder, including shall first have been paid and discharged, and all costs of collection the covenants, agreements and any other indebtedness of Tenant to Landlordconditions hereof have been fully complied with and performed by Tenant. Upon the occurrence of a an event of default by Tenant hereunder which is not cured within any applicable cure periodTenant, Landlord may, in addition to and not in lieu of any other remedies set forth provided herein, enter upon the Premises, by force if necessary, Property and take possession of Tenant’s Property any and all goods, wares, equipment, fixtures, furniture, improvements, and other personal property of Tenant situated in the Property, without liability for trespass or conversion, and sell Tenant’s Property, or any part thereof, with or without notice to Tenant, the same at public or private sale, with or without having Tenant’s Property such property at such the sale, after giving Tenant reasonable notice of the time and place of any public sale and or of the time after which any private sale is to be made, at which sale the Landlord or its assignee assigns may purchase unless otherwise prohibited by law. Unless otherwise provided by law and apply 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 (5) days before the time of sale. The proceeds thereoffrom any such disposition, less any and all expenses incurred in connection connected with the taking possession of possession, holding and selling Tenantof the property (including reasonable attorney’s Propertyfees and other expenses), shall be applied as a credit against any sums due the indebtedness secured by Tenant to Landlord pursuant heretothe security interest granted in this Section 16. Any surplus remaining after a sale shall be paid to Tenant or as otherwise required by law, and Tenant shall pay any deficiency shall be immediately paid to Landlord by Tenantdeficiencies forthwith. Within seven (7) days after Upon request of the Landlord’s request therefor, Tenant shall agrees to execute any and deliver to Tenant a financing statement or security agreement Landlord deems necessary in form sufficient to perfect such the security interest of Landlord in Tenant’s Propertythe aforementioned property and proceeds thereof under the provisions of the Uniform Commercial Code in force in the Commonwealth of Pennsylvania. The statutory lien for rent is not hereby waived, and security interest herein granted hereunder shall be being in addition to any Landlord’s lien that may now or at any time hereafter be provided by lawand supplementary thereto.
Appears in 1 contract
Sources: Commercial Lease (Drugmax Inc)
LANDLORD'S LIEN. Tenant hereby grants to Landlord shall have at all items a security interest in valid lien for all rentals and other sums of money becoming due hereunder from Tenant, upon all goods, inventory, furniturewares, equipment, trade fixtures fixtures, furniture and other personal property (collectively, “Tenant’s Property”) belonging to Tenant which are or may be placed in the Premises during the term of this Lease together with all proceeds of the foregoing. Said security interest shall secure all amounts payable by Tenant hereunder, including all costs of collection and any other indebtedness of Tenant situated in or about the Premises, and such property shall not be removed there from without the consent of Landlord until all arrearages in rent as well as any and all other sums of money then due to LandlordLandlord hereunder shall first have been paid and discharged. Upon the occurrence of a default any Event of Default by Tenant hereunder which is not cured within any applicable cure periodTenant, Landlord may, in addition to and not in lieu of any other remedies set forth hereinprovided herein or by law or equity, enter upon the Premises, by force if necessary, Premises and take possession of Tenant’s Property any and all goods, wares, equipment, fixtures, furniture and other personal property of Tenant situated on the Premises without liability for trespass or conversion, and sell Tenant’s Property, or any part thereof, the same with or without notice to Tenant, at public or private sale, with or without having Tenant’s Property such property at such sale and the sale, at which Landlord or its assignee assigns may purchase purchase, and apply the proceeds thereof, thereof less any and all expenses incurred in connection connected with the taking of possession and selling Tenant’s Propertysale of the property, as a credit against any sums due by Tenant to Landlord pursuant heretoLandlord. Any surplus remaining after a sale shall be paid to Tenant, and Tenant and agrees to pay any deficiency shall forthwith. Alternatively, the lien hereby granted may be immediately paid to Landlord foreclosed in the manner and form provided by Tenantlaw for foreclosure of security interests or in any other form provided by law. Within seven (7) days after Any statutory lien for rent is not waived hereby, but rather, the express contractual lien herein granted is in addition and supplementary thereto. Tenant will execute upon Landlord’s request therefor, Tenant shall execute any a financing statement or and security agreement Landlord deems necessary to perfect such evidencing Landlord’s security interest in Tenant’s Property. The lien granted hereunder shall be in addition personal property and warrants to any Landlord’s lien Landlord that may now there are no prior liens or at any time hereafter be provided by lawsecurity interests on said personal properties.
Appears in 1 contract
Sources: Lease Agreement
LANDLORD'S LIEN. In addition to any statutory lien in Landlord’s favor, Landlord shall have and Tenant hereby grants to Landlord a continuing security lien interest in for all rentals and other sums of money due or to become due hereunder from Tenant, and to secure payment for 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, inventorywares, equipment, fixtures, furniture, equipmentinventory, trade fixtures and other personal property (collectivelyof Tenant now or hereafter situated at the Premises, “Tenant’s Property”) belonging to Tenant which are or may be placed in the Premises during the term of this Lease together with and all proceeds therefrom. In the event any of the foregoing. Said foregoing described property is removed from the Premises, the security interest shall secure all amounts payable by Tenant hereundercontinue in such property regardless of location, including all costs unless same is replaced with property of collection similar kind and any other indebtedness of Tenant to Landlordquality. Upon the occurrence of a default by Tenant hereunder which is not cured within any applicable cure periodhereunder, Landlord mayshall have, in addition to all other rights and not remedies, all rights and remedies under the Uniform Commercial Code then in lieu effect in the State of any other remedies set forth hereinNorth Carolina, enter upon including, without limitation, the Premises, by force if necessary, and take possession of Tenant’s Property without liability for trespass or conversion, and right to sell Tenant’s Property, or any part thereof, with or without notice to Tenant, the property described in this Section at public or private sale, with or without having Tenant’s Property at such sale and Landlord or its assignee may purchase and apply the proceeds thereof, less any expenses incurred in connection with taking possession and selling Tenant’s Property, as a credit against any sums due by Tenant to Landlord pursuant hereto. Any surplus remaining after a sale shall be paid to Tenant or as otherwise required by law; and Tenant shall pay any deficiency shall be immediately paid deficiencies therein to Landlord by forthwith. Tenant hereby agrees to execute such other instruments necessary or desirable under applicable law to perfect the security interest hereby created, including a financing statement. In no event shall Tenant or Tenant. Within seven (7) days after ’s lender cause to be recorded any financing statements, Uniform Commercial Code filings or their equivalents in connection with this Lease which would affect or otherwise impair or encumber title to the Building or Landlord’s request therefor, Tenant shall execute any financing statement fixtures and real or security agreement Landlord deems necessary to perfect such security interest personal property located in Tenant’s Property. The lien granted hereunder shall be in addition to any Landlord’s lien that may now the Building or at any time hereafter be provided by lawthe Business Park.
Appears in 1 contract
LANDLORD'S LIEN. In addition to any statutory lien for rent in Landlord’s favor, Landlord (the secured party for purposes hereof) shall have and Tenant (the debtor for purposes hereof) hereby grants to Landlord Landlord, a continuing security interest in for all Base Rent, Additional Rent and other sums of money becoming due hereunder from Tenant, upon all goods, inventorywares, equipment, fixtures, furniture, equipmentinventory, trade fixtures accounts, contract rights, chattel paper and other personal property (collectively, “Tenant’s Property”) belonging to of Tenant which are or may be placed in situated on the Premises during the term of subject to this Lease together with and such property shall not be removed therefrom without the consent of Landlord until all proceeds arrearages in Rent as well as any and all sums of money then due to Landlord hereunder shall first have been paid and discharged. In the foregoing. Said security interest shall secure all amounts payable by Tenant hereunder, including all costs of collection and any other indebtedness of Tenant to Landlord. Upon the occurrence event of a default by Tenant hereunder which is not cured within any applicable cure periodunder this Lease, Landlord mayshall have, in addition to and not in lieu of any other remedies set forth hereinprovided herein or by law, enter upon all rights and remedies under the PremisesUniform Commercial Code, by force if necessary, and take possession of Tenant’s Property including without liability for trespass or conversion, and limitation the right to sell Tenant’s Property, or any part thereof, with or without notice to Tenant, the property described in this Section at public or private salesale upon ten (10) days notice to Tenant which notice Tenant hereby agrees is adequate and reasonable. Tenant hereby agrees to execute such other instruments necessary or desirable in Landlord’s discretion to perfect the security interest hereby created. Any statutory lien for Rent in not hereby waived, with the express contractual lien herein being granted in addition and supplementary thereto. Tenant warrants and represents that the collateral subject to the security interest granted herein is not purchased or without having Tenant’s Property at such sale and Landlord or its assignee may purchase and apply the proceeds thereof, less any expenses incurred in connection with taking possession and selling Tenant’s Property, as a credit against any sums due used by Tenant to Landlord pursuant hereto. Any surplus remaining after a sale shall be paid to Tenant and any deficiency shall be immediately paid to Landlord by Tenant. Within seven (7) days after Landlord’s request thereforfor personal, Tenant shall execute any financing statement family or security agreement Landlord deems necessary to perfect such security interest in Tenant’s Property. The lien granted hereunder shall be in addition to any Landlord’s lien that may now or at any time hereafter be provided by lawhousehold purposes.
Appears in 1 contract
Sources: Joint Venture Contribution and Formation Agreement (SEACOR Marine Holdings Inc.)
LANDLORD'S LIEN. In order to secure payment of all rent becoming due hereunder from Tenant, and to secure payment of any damages or loss that Landlord may suffer by reason of the breach of Tenant of any covenant, or condition contained herein, Tenant hereby grants to Landlord a security interest in upon all goods, inventorywares, equipment, furniture, equipmentimprovements, trade fixtures and other personal property (collectively, “Tenant’s Property”) belonging to of Tenant which are presently or may be placed hereafter situated in the Premises during (the term "Collateral"), and all proceeds from the sale or lease thereof, and such property shall not be removed from the Premises without the consent of this Lease together Landlord except in the ordinary course of business, until Tenant has paid all arrearages in rent hereunder and complied with all proceeds of the foregoingagreements and conditions hereof. Said security interest shall secure all amounts payable by Tenant hereunder, including all costs of collection and any other indebtedness of Tenant to Landlord. Upon In the occurrence event of a default by Tenant hereunder which is not cured within any applicable cure period(as defined in Article 26), Landlord may, in addition to and not in lieu of any all other remedies set forth hereinprovided in Article 26 or by law, enter upon the Premises, by force if necessary, Premises and take possession of Tenant’s Property without liability for trespass or conversion, any and all of the Collateral and sell Tenant’s Property, or the Collateral pursuant to the Uniform Commercial Code provisions of the State of Tennessee. Commercially reasonable notice shall be deemed to be at least ten (10) days' notice prior to any part thereof, with or without notice foreclosure sale of the Collateral. The proceeds from any disposition pursuant to Tenant, at public or private sale, with or without having Tenant’s Property at such sale and Landlord or its assignee may purchase and apply the proceeds thereofthis Section, less any all expenses incurred in connection connected with the taking of possession and selling Tenant’s Propertyforeclosure, including reasonable attorneys' fees and legal expenses, shall be applied as a credit against any sums due by Tenant Tenant's indebtedness to Landlord pursuant heretoLandlord. Any surplus remaining after a sale shall be paid to Tenant and any deficiency shall be immediately paid to Landlord or as otherwise required by Tenantlaw. Within seven (7) days after Upon the request of Landlord’s request therefor, Tenant shall execute any and deliver to Landlord appropriate financing statement or security agreement Landlord deems necessary statements in form sufficient to perfect such the security interest in Tenant’s Property. The lien granted hereunder shall be in addition to any Landlord’s lien that may now or at any time hereafter be provided by lawherein.
Appears in 1 contract
LANDLORD'S LIEN. Tenant hereby grants In addition to the statutory landlord's lien, Landlord shall have, at all times, a valid security interest in to secure payment of all 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, inventorywares, equipment, fixtures, furniture, equipment, trade fixtures improvements and other personal property (collectivelyof Tenant presently or which may hereafter be situated on the premises, “Tenant’s Property”) belonging to Tenant which are or may be placed in the Premises during the term of this Lease together with and all proceeds therefrom, and such property shall not be removed therefrom without the 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 the foregoing. Said security interest shall secure all amounts payable covenants, agreements and conditions hereof have been fully complied with and performed by Tenant hereunder, including all costs of collection and any other indebtedness of Tenant to LandlordTenant. Upon the occurrence of a any event of default by Tenant hereunder which is not cured within any applicable cure periodTenant, Landlord may, in addition to and not in lieu of any other remedies set forth provided herein, enter upon the Premises, by force if necessary, premises and take possession of Tenant’s Property any and all goods, wares, equipment, fixtures, furniture, improvements and other personal property of Tenant situated on the premises, without liability for trespass or conversion, conversion and sell Tenant’s Property, or any part thereof, with or without notice to Tenant, the same at public or private sale, with or without having Tenant’s Property such property at such the sale, after giving Tenant reasonable notice of the time and place of any public sale and or of the time after which any private sale is to be made, at which sale the Landlord or its assignee assigns may purchase unless otherwise prohibited by law. Unless otherwise provided by law, and apply 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 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 incurred in connection connected with the taking possession of possession, holding and selling Tenant’s Propertyof the property (including reasonable attorneys' fees and other expenses), shall be applied as a credit against any sums due the indebtedness secured by Tenant to Landlord pursuant heretothe security interest granted in this paragraph 26. Any surplus remaining after a sale shall be paid to Tenant or as otherwise required by law; and the Tenant shall pay any deficiency shall be immediately paid deficiencies forthwith. Upon request by Landlord, Tenant agrees to execute and deliver to Landlord by Tenant. Within seven (7) days after Landlord’s request therefor, Tenant shall execute any a financing statement or security agreement Landlord deems necessary in form sufficient to perfect such the security interest of Landlord in Tenant’s Propertythe 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 hereunder shall be being in addition to any Landlord’s lien that may now or at any time hereafter be provided by lawand supplementary thereto.
Appears in 1 contract
Sources: Office/Showroom/Warehouse Lease Agreement (Pharmchem Laboratories Inc)
LANDLORD'S LIEN. As further security for Tenant's performance under this Lease, Tenant hereby grants to Landlord a lien and security interest in all goodsexisting and after acquired property and assets of Tenant, including property and assets placed in or relating to Tenant's business at the Premises, including but not limited to, accounts receivable, insurance proceeds, good will, contracts, intangibles, fixtures, equipment, inventory, furniture, equipment, trade fixtures furnishings and personal property (collectively, “Tenant’s Property”) belonging to Tenant which are or may be placed in the Premises during the term of this Lease together with all proceeds of the foregoing. Said security interest shall secure all amounts payable by Tenant hereunder, including all costs of collection and any other indebtedness of Tenant to Landlord. Upon the occurrence of a default by Tenant hereunder which is not cured within any applicable cure period, Landlord may, in addition to and not in lieu of any other remedies set forth herein, enter upon the Premises, by force if necessaryproperty, and take possession of Tenant’s Property without liability for trespass or conversion, and sell Tenant’s Property, or any part thereof, with or without notice to Tenant, at public or private sale, with or without having Tenant’s Property at such sale and Landlord or its assignee may purchase and apply the all proceeds thereof, less and all rents and other consideration from any expenses incurred Transfer. Notwithstanding the foregoing, Tenant may freely use, replace and dispose of such property (provided Tenant immediately replaces the same with similar property of comparable or better quality), and may receive such rents and consideration, in connection with taking possession the ordinary course of Tenant's business, until such time as Tenant shall commit a Default; upon such Default, ▇▇▇▇▇▇'s right to remove or use such property shall terminate, and selling Tenant’s Property, as a credit against any sums due by Tenant to Landlord pursuant hereto. Any surplus remaining after a sale all other parties shall be paid entitled to rely on written notification thereof given by Landlord without requiring any proof of such Default or any other matter. Tenant agrees to execute such financing statements, collateral assignment of rents and any deficiency shall be immediately paid to Landlord by Tenant. Within seven (7) days after Landlord’s request thereforsubleases, Tenant shall execute any financing statement or security agreement Landlord deems and other documents necessary to perfect such security interest interest, as Landlord may now or hereafter reasonably request in Tenant’s Propertyrecordable form. The lien granted hereunder Landlord may at its election at any time execute such a financing statement and collateral assignment as ▇▇▇▇▇▇'s agent and attorney-in-fact or file a copy of this Lease as such financing statement and collateral assignment. Landlord shall be entitled hereunder to all of the rights and remedies afforded a secured party under the Uniform Commercial Code or other applicable Law in addition to any Landlord’s landlord's lien that may now or at any time hereafter be and rights provided by lawapplicable Law.
Appears in 1 contract
Sources: Lease Agreement
LANDLORD'S LIEN. In addition to any statutory lien for Rent in Landlord’s favor, Landlord (the secured party for purposes hereof) shall have and Tenant (the debtor for purposes hereof) hereby grants to Landlord Landlord, a continuing security interest in for all Base Rent, Additional Rent and other sums of money becoming due hereunder from Tenant, upon all goods, inventorywares, equipment, fixtures, furniture, equipmentinventory, trade fixtures accounts, contract rights, chattel paper and other personal property (collectively, “Tenant’s Property”) belonging of Tenant situated on the Leased Premises subject to Tenant which are or may be placed in the Premises during the term of this Lease together with and such property shall not be removed therefrom without the consent of Landlord until all proceeds arrearages in Rent as well as any and all sums of money then due to Landlord hereunder shall first have been paid and discharged. In the foregoing. Said security interest shall secure all amounts payable by Tenant hereunder, including all costs of collection and any other indebtedness of Tenant to Landlord. Upon the occurrence event of a default by Tenant hereunder which is not cured within any applicable cure periodunder this Lease, Landlord maylandlord shall have, in addition to and not in lieu of any other remedies set forth hereinprovided herein or by law, enter upon all rights and remedies under the PremisesUniform Commercial Code, by force if necessary, and take possession of Tenant’s Property including without liability for trespass or conversion, and limitation the right to sell Tenant’s Property, or any part thereof, with or without notice to Tenant, the property described in this Section at public or private salesale upon ten (10) days notice to Tenant which notice Tenant hereby agrees is adequate and reasonable. Tenant hereby agrees to execute such other instruments necessary or desirable in Landlord’s discretion to perfect the security interest hereby created. Any statutory lien for Rent in not hereby waived, with the express contractual lien herein being granted in addition and supplementary thereto. Tenant warrants and represents that the collateral subject to the security interest granted herein is not purchased or without having Tenant’s Property at such sale and Landlord or its assignee may purchase and apply the proceeds thereof, less any expenses incurred in connection with taking possession and selling Tenant’s Property, as a credit against any sums due used by Tenant to Landlord pursuant heretofor personal, family or household purposes. Any surplus remaining after a sale shall be paid to Tenant further warrants and any deficiency shall be immediately paid to Landlord by Tenant. Within seven (7) days after Landlord’s request therefor, Tenant shall execute any financing statement or security agreement Landlord deems necessary to perfect such security interest in Tenant’s Property. The represents that the lien granted hereunder shall be herein constitutes a first and superior lien and the Tenant will not allow the placing of any other lien upon the property described in addition to any this Section without the prior written consent of Landlord’s lien that may now or at any time hereafter be provided by law.
Appears in 1 contract
Sources: Office Lease Agreement (Diamondback Energy Services, Inc.)
LANDLORD'S LIEN. To secure Tenant’s obligations under this Lease, Tenant hereby grants to Landlord a contractual security interest in on all of Tenant’s inventory, goods, inventoryconsumer goods and equipment now or hereafter situated in the Premises and all proceeds therefrom, furniture, equipment, trade fixtures and personal property including insurance proceeds (collectively, “Collateral”). No Collateral shall be removed from the Premises without Landlord’s prior written consent until all of Tenant’s Property”) belonging to Tenant which obligations are or may be placed fully satisfied (except in the Premises during the term ordinary course of this Lease together business and then only if replaced with all proceeds items of the foregoing. Said security interest shall secure all amounts payable by Tenant hereunder, including all costs of collection same or greater value and any other indebtedness of Tenant to Landlordquality). Upon the occurrence any event of a default by Tenant hereunder which is not cured within any applicable cure perioddefault, Landlord may, to the fullest extent permitted by Law and in addition to and not in lieu of any other remedies set forth provided herein, enter upon the Premises, by force if necessary, Premises and take possession of Tenant’s Property any Collateral without liability being held liable for trespass or conversion, and sell Tenant’s Property, or any part thereof, with or without notice to Tenant, the same at public or private sale, after giving Tenant at least ten (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 return receipt requested. Unless prohibited by Law, any Landlord Party may purchase any Collateral at such sale. Subject to applicable Law, the proceeds from such sale, less Landlord’s expenses, including reasonable attorneys’ fees and other expenses, shall be credited against Tenant’s Property at such sale and Landlord or its assignee may purchase and apply the proceeds thereof, less any expenses incurred in connection with taking possession and selling Tenant’s Property, as a credit against any sums due by Tenant to Landlord pursuant heretoobligations. Any surplus remaining after a sale shall be paid to Tenant (or as otherwise required by Law) and any deficiency shall be immediately paid by Tenant to Landlord by Tenantupon demand. Within seven (7) days after Landlord’s request therefor, Tenant shall execute any hereby authorizes Landlord to file a financing statement or security agreement Landlord deems necessary sufficient to perfect such the foregoing security interest in Tenant’s Property. The lien granted hereunder shall be in addition interest, or to any Landlord’s lien that may now or at any time hereafter be provided by lawfile a copy of this Lease as a financing statement, as permitted under Law.
Appears in 1 contract
LANDLORD'S LIEN. In addition to any statutory lien for rent in Landlord’s favor, Landlord (the secured party for purposes hereof) shall have and Tenant (the debtor for purposes hereof) hereby grants to Landlord Landlord, a continuing security interest in for all Base Rent, Additional Rent and other sums of money becoming due hereunder from Tenant, upon all goods, inventorywares, equipment, fixtures, furniture, equipmentinventory, trade fixtures accounts, contract rights, and chattel paper of Tenant, but excluding all personal property (collectively, “of Tenant’s Property”) belonging to Tenant which are or may be placed in employees, situated on the Premises during the term of subject to this Lease together with and such property shall not be removed therefrom without the consent of Landlord until all proceeds arrearages in Rent as well as any and all sums of money then due to Landlord hereunder shall first have been paid and discharged. In the foregoing. Said security interest shall secure all amounts payable by Tenant hereunder, including all costs of collection and any other indebtedness of Tenant to Landlord. Upon the occurrence event of a default by Tenant hereunder which is not cured within any applicable cure periodunder this Lease, Landlord maylandlord shall have, in addition to and not in lieu of any other remedies set forth hereinprovided herein or by law, enter upon all rights and remedies under the PremisesUniform Commercial Code, by force if necessary, and take possession of Tenant’s Property including without liability for trespass or conversion, and limitation the right to sell Tenant’s Property, or any part thereof, with or without notice to Tenant, the property described in this Section at public or private salesale upon ten (10) business days notice to Tenant which notice Tenant hereby agrees is adequate and reasonable. Tenant hereby agrees to execute such other instruments necessary or desirable in Landlord’s discretion to perfect the security interest hereby created. Any statutory lien for Rent is not hereby waived, with the express contractual lien herein being granted in addition and supplementary thereto. Tenant warrants and represents that the collateral subject to the security interest granted herein is not purchased or without having Tenant’s Property at such sale and Landlord or its assignee may purchase and apply the proceeds thereof, less any expenses incurred in connection with taking possession and selling Tenant’s Property, as a credit against any sums due used by Tenant to Landlord pursuant heretofor personal, family or household purposes. Any surplus remaining after a sale shall be paid to Tenant further warrants and any deficiency shall be immediately paid to Landlord by Tenant. Within seven (7) days after Landlord’s request therefor, Tenant shall execute any financing statement or security agreement Landlord deems necessary to perfect such security interest in Tenant’s Property. The represents that the lien granted hereunder shall be herein constitutes a first and superior lien and the Tenant will not allow the placing of any other lien upon the property described in addition to any this Section without the prior written consent of Landlord’s lien that may now or at any time hereafter be provided by law.
Appears in 1 contract
Sources: Office Lease (Wageworks, Inc.)
LANDLORD'S LIEN. Tenant hereby grants In addition to the statutory landlord’s lien, Landlord shall have, at all times, a valid security interest in to secure payments of all 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, inventorywares, equipment, fixtures, furniture, equipment, trade fixtures improvements and other personal property (collectivelyof Tenant presently or which may hereafter be situated in the Premises, “and all proceeds therefrom. Tenant’s Property”) belonging to Tenant which are or may personal property shall not be placed in removed from the Premises during without the term consent of this Lease together 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 the covenants, agreements and conditions hereof have been fully complied with all proceeds of the foregoing. Said security interest shall secure all amounts payable and performed by Tenant hereunder, including all costs of collection and any other indebtedness of Tenant to LandlordTenant. Upon the occurrence of a an event of default by Tenant hereunder which is not cured within any applicable cure periodTenant, Landlord may, in addition to and not in lieu of any other remedies set forth provided herein, enter upon the Premises, by force if necessary, Premises and take possession of Tenant’s Property any and all goods, wares, equipment, fixtures, furniture, improvements and other personal property of Tenant situated in the Premises, without liability for trespass or conversion, and sell Tenant’s Property, or any part thereof, with or without notice to Tenant, the same at public or private sale, with or without having Tenant’s Property such property at such the sale, after giving Tenant reasonable notice of the time and place of any public sale and or of the time after which any private sale is to be made, at which sale Landlord or its assignee assigns may purchase unless otherwise prohibited by law. Unless otherwise provided by law, and apply 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 (5) days before the time of sale. The proceeds thereoffrom any such disposition, less any and all expenses incurred in connection connected with the taking possession of possession, holding and selling Tenant’s Propertyof the Premises (including reasonable attorneys’ fees and other expenses), shall be applied as a credit against any sums due the indebtedness secured by Tenant to Landlord pursuant heretothe security interest granted in this Section. Any surplus remaining after a sale shall be paid to Tenant or as otherwise required by law; and Tenant shall pay any deficiency shall be immediately paid to Landlord by Tenantdeficiencies forthwith. Within seven (7) days after Upon request of Landlord’s request therefor, Tenant shall agrees to execute any and deliver to Tenant a financing statement or security agreement Landlord deems necessary in form sufficient to perfect such the security interest of Landlord in Tenant’s Propertythe aforementioned property and proceeds thereof under the provisions of the Uniform Commercial Code in force in the State of Florida. The statutory lien for rent is not hereby waived, the security interest herein granted hereunder shall be being in addition to any Landlord’s lien that may now or at any time hereafter be provided by lawand supplementary thereto.
Appears in 1 contract
LANDLORD'S LIEN. Tenant hereby grants to Landlord a lien and security interest on all property of Tenant 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, inventorywares, equipment, fixtures, furniture, equipment, trade fixtures improvements and other personal property (collectively, “Tenant’s Property”) belonging to of Tenant presently or which are or may hereinafter be placed situated in the Premises during Premises, and all proceeds therefrom, and such property shall not be removed therefrom without the term 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 of the covenants, agreements, and conditions hereof have been fully complied with and performed by Tenant. In consideration of this Lease together with all proceeds of the foregoing. Said security interest shall secure all amounts payable by Tenant hereunderLease, including all costs of collection and any other indebtedness of Tenant to Landlord. Upon upon the occurrence of a an event of default by Tenant hereunder which is not cured within any applicable cure periodTenant, Landlord may, in addition to and not in lieu of any other remedies set forth provided herein, enter upon the Premises, by force if necessary, Premises and take possession of Tenant’s Property any and all goods, wares, equipment, fixtures, furniture, improvements, and other personal property of Tenant situated on or in the Premises, without liability for trespass or conversion, and sell Tenant’s Property, or any part thereof, with or without notice to Tenant, the same at public or private sale, with or without having Tenant’s Property such property at such the sale, after giving Tenant reasonable notice of the time and place of any public sale and or of the time after which any private sale is to be made, at which sale Landlord or its assignee assigns may purchase unless otherwise prohibited by law. Unless otherwise provided by law, and apply 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 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 incurred in connection connected with the taking possession of possession, holding and selling Tenantof the property (including reasonable attorney’s Propertyfees and other expenses), shall be applied as a credit against any sums due the indebtedness secured by Tenant to Landlord pursuant heretothe security interest granted in this Section 21. Any surplus remaining after a sale shall be paid to Tenant or as otherwise required by law, and Tenant shall pay any deficiency shall be immediately paid deficiencies forthwith. Upon request by Landlord, Tenant agrees to execute and deliver to Landlord by Tenant. Within seven (7) days after Landlord’s request therefor, Tenant shall execute any a financing statement or security agreement Landlord deems necessary in form sufficient to perfect such the security interest of Landlord in Tenant’s Property. The lien granted hereunder shall be the aforementioned property and proceeds thereof under the provisions of the Uniform Commercial Code in addition to any Landlord’s lien that may now or at any time hereafter be provided by lawforce in the State of Florida.
Appears in 1 contract
Sources: Office Lease (Marpai, Inc.)
LANDLORD'S LIEN. Tenant hereby grants In addition to the statutory landlord’s lien, Landlord shall have, at all times, a valid security interest in to secure payments of all 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, inventorywares, equipment, fixtures, furniture, equipment, trade fixtures improvements and other personal property (collectively, “Tenant’s Property”) belonging to of Tenant presently or which are or may hereafter be placed situated in the Premises during the term of this Lease together with Property and all proceeds therefrom, and such property shall not be removed therefrom without the consent of the foregoing. Said security interest shall secure Landlord until all amounts payable by Tenant arrearages in rent, as well as any and all other sums of money then due to Landlord hereunder, including shall first have been paid and discharged and all costs of collection the covenants, agreements and any other indebtedness of Tenant to Landlordconditions hereof have been fully complied with and performed by Tenant. Upon the occurrence of a an event of default by Tenant hereunder which is not cured within any applicable cure periodTenant, Landlord may, in addition to and not in lieu of any other remedies set forth provided herein, enter upon the Premises, by force if necessary, Property and take possession of Tenant’s Property any and all goods, wares, equipment, fixtures, furniture, improvements, and other personal property of Tenant situated in the Property, without liability for trespass or conversion, and sell Tenant’s Property, or any part thereof, with or without notice to Tenant, the same at public or private sale, with or without having Tenant’s Property such property at such the sale, after giving Tenant reasonable notice of the time and place of any public sale and or of the time after which any private sale is to be made, at which sale the Landlord or its assignee assigns may purchase unless otherwise prohibited by law. Unless otherwise provided by law, and apply 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 (5) days before the time of sale. The proceeds thereoffrom any such disposition, less any and all expenses incurred in connection connected with the taking possession of possession, holding and selling Tenantof the Property (including reasonable attorney’s Propertyfees and other expenses), shall be applied as a credit against any sums due the indebtedness secured by Tenant to Landlord pursuant heretothe security interest granted in this Section 17. Any surplus remaining after a sale shall be paid to Tenant or as otherwise required by law; and Tenant shall pay any deficiency shall be immediately paid to Landlord by Tenantdeficiencies forthwith. Within seven (7) days after Upon request of the Landlord’s request therefor, Tenant shall agrees to execute any and deliver to Tenant a financing statement or security agreement Landlord deems necessary in form sufficient to perfect such the security interest of Landlord in Tenant’s Propertythe aforementioned property and proceeds thereof under the provisions of the Uniform Commercial Code in force in the State of Florida. The statutory lien for rent is not hereby waived, the security interest herein granted hereunder shall be being in addition to any Landlord’s lien that may now or at any time hereafter be provided by lawand supplementary thereto.
Appears in 1 contract
Sources: Commercial Lease (Drugmax Inc)
LANDLORD'S LIEN. Tenant hereby grants to Landlord a security interest in all goods, inventory, furniture, equipment, trade fixtures and personal property (collectively, “"Tenant’s 's Property”") belonging to Tenant which are or may be placed in the Premises during the term of this Lease together with all proceeds of the foregoing. Said security interest shall secure all amounts payable by Tenant hereunder, including all costs of collection and any other indebtedness of Tenant to Landlord. Upon the occurrence of a default by Tenant hereunder which is not cured within any applicable cure period, Landlord may, in addition to and not in lieu of any other remedies set forth herein, enter upon the Premises, by force if necessary, and take possession of Tenant’s 's Property without liability for trespass or conversion, and sell Tenant’s 's Property, or any part thereof, with or without notice to Tenant, at public or private sale, with or without having Tenant’s 's Property at such sale and Landlord or its assignee may purchase and apply the proceeds thereof, less any expenses incurred in connection with taking possession and selling Tenant’s 's Property, as a credit against any sums due by Tenant to Landlord pursuant hereto. Any surplus remaining after a sale shall be paid to Tenant and any deficiency shall be immediately paid to Landlord by Tenant. Within seven (7) days after Landlord’s 's request therefor, Tenant shall execute any financing statement or security agreement Landlord deems necessary to perfect such security interest in Tenant’s 's Property. The lien granted hereunder shall be in addition to any Landlord’s 's lien that may now or at any time hereafter be provided by law.
Appears in 1 contract
Sources: Lease (U-Store-It Trust)
LANDLORD'S LIEN. Tenant hereby grants to Landlord shall have a security interest in valid and subsisting lien for the payment of all goodsRent upon Tenant's signs, inventory, furniture, equipment, trade fixtures and personal property (collectivelysituated on the Premises. Such property shall not be removed therefrom without the written consent of Landlord until all arrearages then due to Landlord hereunder have been paid. Upon written request therefor, “Tenant’s Property”) belonging Tenant agrees to Tenant which are or may be placed in execute such documents as Landlord deems reasonably necessary to perfect the Premises during the term of this Lease together with all proceeds of the foregoing. Said security interest shall secure all amounts payable granted hereby. In the event of Default by Tenant hereunder, including all costs of collection and any other indebtedness of Tenant to Landlord. Upon the occurrence of a default by Tenant hereunder which is not cured within any applicable cure period, Landlord may, in addition to and not in lieu of any other remedies set forth hereinprovided herein or by law, enter upon the Premises, by force if necessary, Premises and take possession of Tenant’s Property signs, fixtures, furniture and other personal property of Tenant without liability for trespass or conversion, and sell Tenant’s Property, or any part thereof, the same with or without notice to Tenant, at public or private sale, with or without having Tenant’s Property at such sale and which Landlord or its assignee assigns may purchase and apply the proceeds thereofproceeds, less any expenses incurred in connection with taking possession and selling Tenant’s Propertyconnected therewith, as a credit against any sums due by Tenant to Landlord pursuant heretoLandlord. Any surplus remaining after a sale shall be paid to Tenant, and Tenant and agrees to pay any deficiency shall be immediately paid to forthwith, upon demand. Landlord may foreclose said lien in the manner provided by Tenant. Within seven (7) days after Landlord’s request therefor, Tenant shall execute any financing statement or security agreement Landlord deems necessary to perfect such security interest in Tenant’s Propertylaw. The lien herein granted hereunder to Landlord shall be in addition to any Landlord’s landlord's lien that may now or at any time hereafter be provided by law. Hereinafter, in the event Tenant obtains financing to be secured by Tenant's personal property, furniture, furnishings and fixtures located in the Premises, Landlord shall subordinate the lien herein granted as provided as and to the extent provided in paragraph 10 hereof.
Appears in 1 contract
Sources: Lease Agreement (Tangibledata Inc)