Common use of LANDLORD'S LIEN Clause in Contracts

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

Samples: Lease (U-Store-It Trust), Lease (U-Store-It Trust), Lease (U-Store-It Trust)

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LANDLORD'S LIEN. Tenant hereby grants A. In addition to Landlord and cumulative of any statutory or constitutional lien to which Lessor may be entitled, Lessor shall have a lien as security interest in all goodsfor rents and other covenants of Lessee herein on Lessee’s Property; provided, inventoryhowever, furniture, equipment, trade fixtures Lessor acknowledges and personal property agrees that any statutory or constitutional liens of Lessor and the lien granted to Lessor pursuant to this Section 22 (collectively, “TenantLessor’s PropertyLiens”) belonging are subordinate to Tenant which are any and all properly perfected liens now or may be placed in the Premises during the term hereafter held by any of this Lease together with all proceeds of the foregoing. Said security interest shall secure all amounts payable by Tenant hereunderLessee’s lenders, including all costs renewals, modifications, and extensions thereof. The subordination herein provided shall be self-operative and no further instrument of collection subordination shall be required; provided, however, within ten (10) business days following any request therefor, Lessor agrees to execute and deliver to Lessee or any other indebtedness of Tenant Lessee’s lenders any instrument reasonably requested to Landlordevidence such subordination. Upon Lessor hereby appoints Lessee as its true and lawful agent and attorney-in-fact (“Attorney-in-Fact”) for the occurrence Lessor and in the Lessor’s name, place and stead for the sole purpose of a executing and delivering all documents and to take such action as is deemed necessary to evidence subordination of Lessor’s Liens in the event Lessor fails to execute and deliver such instrument as herein required. If Lessee is in default by Tenant hereunder which is not cured within any applicable cure periodunder this Lease, Landlord mayor if Lessee abandons or vacates the Leased Premises, in addition to and not in lieu of any other remedies set forth herein, Lessor may enter upon the Leased Premises, by force if necessaryany means whatsoever, and take possession of Tenant’s Property without liability for trespass all or conversion, and sell Tenantany part of the Lessee’s Property, or and store same at the expense of Lessee. Lessor will relinquish its possession of any part thereofof Lessee’s Property that is subject to a superior lien described above upon the written request of the holder of such superior lien. Subject to the rights of superior lien holders, with or without notice to Tenant, Lessor may sell Lessee’s Property at a public or private sale, with or without having Tenant’s Property sale to the highest bidder for cash thirty (30) days after written notice of such sale has been mailed to Lessee at its last known address. The proceeds of any such sale shall be first applied by Lessor to the cost of such sale and Landlord or its assignee may purchase and apply then to 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 due by Tenant Lessee to Landlord pursuant heretoLessor under the terms of this Lease. Any surplus remaining after a sale shall be paid mailed to Tenant and any deficiency Lessee at its last known address. It is agreed that none of the above procedures 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 lawnecessitate prior judicial hearing.

Appears in 2 contracts

Samples: Commercial Lease Agreement (Argyle Security, Inc.), Commercial Lease Agreement (Argyle Security, 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 Xxxxxx'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. Xxxxxxxx's exercise of the security interest herein created shall cause Landlord's interest in said property to be senior to Xxxxxx'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 lawXxxxxx.

Appears in 2 contracts

Samples: Healthcore Medical Solutions Inc, Healthcore Medical Solutions Inc

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

Samples: Office Lease Agreement (Wageworks, Inc.)

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

Samples: Lease (Tangibledata Inc)

LANDLORD'S LIEN. In addition to any applicable common law or statutory lien, none of which are to be deemed waived by Landlord, Landlord shall have, at all times, and Tenant hereby grants to Landlord Landlord, a valid lien and 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 which are or may hereafter be placed in situated on the Premises during the term of this Lease together with Premises, and all proceeds therefrom, and such property shall not be removed therefrom without the consent of Landlord until all arrearage in Rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged and all the foregoingcovenants, agreements and conditions hereof have been fully complied with and performed by Tenant. Said Landlord covenants and agrees to subordinate the lien granted hereunder to any commercial lender or furniture, fixture or equipment supplier from whom Tenant either leases or finances ("FFE Supplier") to which Tenant grants a security interest shall secure all amounts payable by Tenant hereunder, including all costs of collection and any other indebtedness of Tenant to Landlordinterest. Upon the occurrence of a default an Event of Default by Tenant hereunder which is not cured within any applicable Tenant, but subject to Tenant’s lender rights, if any, after the expiration of all stated notice and cure periodperiods, Landlord may, in addition to and not in lieu of any other remedies set forth provided herein, peaceably 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 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 23 of this Lease at least five (5) days before the time of sale. The proceeds thereoffrom any such disposition, less any 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 deficiencies forthwith. Upon request by Landlord, Tenant agrees to execute and deliver to Landlord by a financing statement in form sufficient to perfect the security interest of Landlord in the aforementioned property and proceeds thereof under the provisions of the Uniform Commercial Code in force in the Commonwealth of Pennsylvania. Notwithstanding the foregoing, the parties acknowledge and agree that Tenant’s lender or FFE Supplier may have superior rights to the property noted herein. Within seven Tenant shall use its best efforts to obtain, within forty-five (745) days after Landlord’s request thereforof the date hereof, a waiver of all such rights from its lender in this regard, and, failing to obtain such waiver, that Tenant shall execute any financing statement or security agreement use its best efforts to obtain from such lender, the right to grant a subordinated lien to Landlord deems necessary in such goods, second only to perfect the lien of 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 lawlender.

Appears in 1 contract

Samples: Inovio Pharmaceuticals, 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

Samples: Office Lease (Safety Quick Lighting & Fans Corp.)

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

Samples: Ground Lease Agreement (Renegy Holdings, Inc.)

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

Samples: Office Lease Agreement (Net2000 Communications 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 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

Samples: Office Lease (Gainsco Inc)

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

Samples: Industrial Building Lease Agreement (Intelliready Inc /Co/)

LANDLORD'S LIEN. (a) Subject to this Section 12.15, as security for the payment and performance of all of Tenant’s obligations and Landlord’s rights under this Lease, Tenant hereby assigns, grants, delivers, sets over and transfers to Landlord and grants to Landlord, and Tenant shall cause the Operating Subtenants, to the extent permitted by Applicable Law, to assign, grant, deliver, set over and transfer to the applicable Landlord and grant to such Landlord, its successors and assigns pursuant to those certain Security Agreements dated of even date herewith (collectively, the “Security Agreements”), a continuing security interest in all of its right, title and interest, whether now owned or hereafter acquired, now existing or hereafter arising, wherever located, in and to (i) the Tenant’s Personal Property, (ii) all Permits, including without limitation the Health Care Licenses and the Provider Agreements and (iii) Accounts Receivables (collectively with the Tenant’s Personal Property and the Permits, the “Landlord Lien Collateral”) in each case to the extent owned by Tenant or Operating Subtenants, as applicable. The aforementioned grants of a security interest in all goodsthe Landlord Lien Collateral shall, inventoryin each instance, furniturecreate a first priority lien. Tenant shall sign and deliver, equipmentand shall cause the Operating Subtenants to sign and deliver, trade fixtures and personal property (collectivelyas applicable, to Landlord or the applicable Landlord, as the case may be, or if Tenant’s Property”or the Operating Subtenants’ signatures are not required, Tenant hereby authorizes Landlord to file (and shall cause each Operating Subtenant to authorize the applicable Landlord to file) belonging in all necessary governmental offices, one or more financing statements or other appropriate filings to Tenant which are or may be placed in perfect 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 granted by Tenant to Landlord pursuant heretohereunder or by the Operating Subtenants to the applicable Landlord under the Security Agreements. Any surplus remaining after a sale Tenant shall be paid to promptly notify Landlord in writing if Tenant obtains any interest in any Collateral consisting of Deposit Accounts (other than payroll, employee benefits, security deposits, withholding, escrow, trust accounts, tax withholding accounts and any deficiency shall be immediately paid to Landlord by Tenant. Within seven (7other similar fiduciary accounts) days after or intellectual property, and, upon Landlord’s request thereforrequest, shall promptly execute such documents and take such actions as Landlord deems appropriate to effect Landlord’s valid and enforceable security interest upon such Collateral, including obtaining any appropriate possession, access or control agreement. If any Collateral is in the possession of a third party, Tenant shall execute any financing statement or security agreement use commercially reasonably efforts to obtain an acknowledgment that such third party holds the Landlord deems necessary Lien Collateral for the benefit of Landlord. Landlord shall have all rights and remedies available to perfect such a secured party under the Uniform Commercial Code, as amended from time to time. Tenant acknowledges that Landlord may collaterally assign its security interest in the Landlord Lien Collateral to Mortgagee and/or to a Superior Landlord to secure Landlord’s obligations to Mortgagee or such Superior Landlord. Upon Landlord’s request, or at the request of Mortgagee, Tenant shall confirm in writing the grant of such security interests to Mortgagee and/or Superior Landlord. These provisions of this Lease shall be deemed to be a security agreement for purposes of the Uniform Commercial Code. To the extent permitted by Applicable Law, in connection with the expiration or earlier termination of this Lease, Tenant shall cooperate with Landlord, and Tenant shall cause the Operating Subtenants to cooperate with the applicable Landlord, in causing the Health Care Licenses and the Provider Agreements to be reissued in the name of Landlord or the applicable Landlord, as the case may be, or its designee as of such date or as soon thereafter as is practicable, and such Landlord shall be entitled to apply in its own name, its designee’s name or the Operating Subtenant’s name for the transfer of the Health Care Licenses and the Provider Agreements to Landlord or the applicable Landlord, as the case may be, or its designee, and Tenant’s Propertyobligation to cooperate and to cause the Operating Subtenants to cooperate shall survive the expiration or earlier termination of this Lease. The lien granted hereunder Any grant of security interest in, or pledge or collateral assignment of, the Landlord Lien Collateral by Tenant to any financial institution making a loan to Tenant shall be in addition expressly subject to any the terms of this Lease, including, without limitation, the foregoing rights of Landlord and security interest therein. Tenant shall provide, and shall cause the Operating Subtenant to provide, to Landlord copies of the documents evidencing the Working Capital Loan within five (5) Business Days following receipt of Landlord’s lien that may now or at any time hereafter be provided by lawwritten request.

Appears in 1 contract

Samples: Master Lease (Griffin-American Healthcare REIT IV, Inc.)

LANDLORD'S LIEN. Tenant hereby grants A. In addition to Landlord and cumulative of any statutory or constitutional lien to which Lessor may be entitled, Lessor shall have a lien as security interest in all goodsfor rents and other covenants of Lessee herein on Lessee’s Property; provided, inventoryhowever, furniture, equipment, trade fixtures Lessor acknowledges and personal property agrees that any statutory or constitutional liens of Lessor and the lien granted to Lessor pursuant to this Section 22 (collectively, “TenantLessor’s PropertyLiens”) belonging are subordinate to Tenant which are any and all properly perfected liens now or may be placed in the Premises during the term hereafter held by any of this Lease together with all proceeds of the foregoing. Said security interest shall secure all amounts payable by Tenant hereunderLessee’s lenders, including all costs renewals, modifications, and extensions thereof. The subordination herein provided shall be self-operative and no further instrument of collection subordination shall be required; provided, however, within ten (10) business days following any request therefor, Lessor agrees to execute and deliver to Lessee or any other indebtedness of Tenant Lessee’s lenders any instrument reasonably requested to Landlordevidence such subordination. Upon Lessor hereby appoints Lessee as its true and lawful agent and attorney-in-fact (“Attorney-in-Fact”) for the occurrence Lessor and in the Lessor’s name, place and stead for the sole purpose of a default by Tenant hereunder which executing and delivering all documents and to take such action as is not cured within any applicable cure perioddeemed necessary to evidence subordination of Lessor’s Liens in the event Lessor fails to execute and deliver such instrument as herein required. Additionally, Landlord may, in addition Lessee shall be permitted to remove Lessee’s Property from the Leased Premises without Lessor’s consent free and not in lieu clear of any other remedies set forth hereinLessor’s Liens. If Lessee is in default under this Lease, or if Lessee abandons or vacates the Leased Premises, Lessor may enter upon the Leased Premises, by force if necessaryany means whatsoever, and take possession of Tenant’s Property without liability for trespass all or conversion, and sell Tenantany part of the Lessee’s Property, or and store same at the expense of Lessee. Lessor will relinquish its possession of any part thereofof Lessee’s Property that is subject to a superior lien described above upon the written request of the holder of such superior lien. Subject to the rights of superior lien holders, with or without notice to Tenant, Lessor may sell Lessee’s Property at a public or private sale, with or without having Tenant’s Property sale to the highest bidder for cash thirty (30) days after written notice of such sale has been mailed to Lessee at its last known address. The proceeds of any such sale shall be first applied by Lessor to the cost of such sale and Landlord or its assignee may purchase and apply then to 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 due by Tenant Lessee to Landlord pursuant heretoLessor under the terms of this Lease. Any surplus remaining after a sale shall be paid mailed to Tenant and any deficiency Lessee at its last known address. It is agreed that none of the above procedures 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 lawnecessitate prior judicial hearing.

Appears in 1 contract

Samples: Commercial Lease Agreement (Argyle Security, Inc.)

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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

Samples: Lease Agreement (InterDigital, 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 goodsgoods (including equipment and inventory), inventoryfixtures, furniture, equipment, trade fixtures and other personal property of Tenant situated on the Premises, and all proceeds thereof (collectivelythe "COLLATERAL"), “Tenant’s Property”) belonging to Tenant which are or may and the Collateral shall not be placed in removed from the Premises during without the term prior written consent of this Lease together with Landlord (other than in Tenant's ordinary course of business) until 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 obligations of Tenant to Landlordhave been fully performed. 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. Tenant grants to Landlord a power of attorney to execute and file any financing statement or other remedies set forth hereininstrument necessary 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 the Collateral. Landlord hereby subordinates its statutory lien, as well as the security interest granted to it under this Section 20, to all "purchase money security interest" as such term is defined in the UCC in the Collateral, and Landlord shall, at Tenant’s Property. The lien granted hereunder shall be in addition 's expense, execute Landlord's standard form of subordination documentation to any Landlord’s lien that may now or at any time hereafter be provided by lawevidence such subordination.

Appears in 1 contract

Samples: Lease Agreement (Panoramic Care Systems Inc)

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 and for the performance of all of its other obligations hereunder, upon all goods, inventorywares, equipment, fixtures, furniture, equipmentinventory, trade fixtures and other personal property (collectivelyof Tenant or any subtenant now or hereafter situated at 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 Landlord hereunder shall first have been paid and discharged and all other obligations of Tenant which are or may be placed have been fully performed 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 by Tenant hereunderproceeds and products, including all costs regardless of collection and any other indebtedness of Tenant to Landlordlocation. Upon the occurrence of a default by Tenant an Event of Default hereunder, or upon Tenant's threatened breach of its obligations hereunder which is not cured within (including, without limitations, any applicable cure period, Landlord maythreatened vacation or abandonment of the Premises), 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 five (5) 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 and is to perfect such security interest be filed for record in Tenant’s Propertythe real estate records. The lien granted hereunder shall be in addition to any record owner of the Land is Landlord’s lien that may now or at any time hereafter be provided by law.

Appears in 1 contract

Samples: Industrial Lease Agreement (Advanced Materials Group 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, Xxxxxx agrees to execute all proceeds required financing statements whenever requested by Xxxxxxxx. 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 Xxxxxx 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 TenantXxxxxx, 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 Xxxxxx 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

Samples: 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

Samples: Lease Agreement (Aeglea BioTherapeutics, 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

Samples: U-Store-It Trust

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

Samples: Agreement of Lease (Renal Care Group Inc)

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

Samples: Office Lease Agreement (Diamondback Energy Services, Inc.)

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