Common use of LANDLORD'S LIEN Clause in Contracts

LANDLORD'S LIEN. As security for payment of rent, damages and all other payments required to be made by this Lease, Lessee hereby grants to Lessor a lien upon all property of Lessee now or subsequently located upon the Leased Premises and Lessee agrees not remove such property from the Leased Premises except in the ordinary course of business, provided at the time of such removal Lessee is not in default. If Lessee abandons or vacates any substantial portion of the Leased Premises or is in default in the payment of any rentals, damages or other payments required to be made by this Lease or is in default of any other provision of this Lease, Lessor may enter upon the Leased Premises, by picking or changing locks if necessary, and take possession of all or any part of the personal property, and may sell all or any part of the personal property at a public or private sale, in one or successive sales, with or without notice, to the highest bidder for cash, and, on behalf of Lessee, sell and convey all or part of the personal property to the highest bidder, delivering to the highest bidder all of Lessee's title and interest in the personal property sold. The proceeds of the sale of the personal property shall be applied by Lessor toward the reasonable costs and expenses of the sale, including attorney's fees, and then toward the payment of all sums then due by Lessee to Lessor under the terms of this Lease. Any excess remaining will be paid to Lessee or any other person entitled thereto by law.

Appears in 2 contracts

Samples: Lease Agreement (American Telesource International Inc), Lease Agreement (American Telesource International Inc)

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LANDLORD'S LIEN. As security for Lessee's payment of rent, damages and all other payments required to be made by this Lease, Lessee hereby grants to Lessor a lien upon all property of Lessee now or subsequently located upon the Leased Premises and Lessee agrees not remove such property from the Leased Premises except in the ordinary course of business, provided at the time of such removal Lessee is not in defaultPremises. If Lessee abandons or vacates any substantial portion of the Leased Premises or is in default in the payment of any rentals, damages or other payments required to be made by this Lease or is in default of any other provision of this Lease, Lessor may enter upon the Leased PremisesPremises without liability for trespass, by picking or changing locks if necessary, and take possession of all or any part of the personal property, and may sell all or any part of the personal property at a public or private sale, in one or successive sales, sales with or without notice, to the highest bidder for cash, and, and on behalf of Lessee, sell and convey all or part of the their personal property to the highest bidder, delivering to the highest bidder all of Lessee's title and interest in the personal property soldsold him. The proceeds of the sale of the personal property shall be applied by Lessor toward the reasonable costs and expenses of the sale, including attorney's fees, and then toward the payment of all sums then due by Lessee to Lessor under the terms of this Lease. Any ; any excess remaining will shall be paid to Lessee or any other person entitled thereto by law.

Appears in 2 contracts

Samples: Commercial Lease Agreement (Data Return Corp), Commercial Lease Agreement (Data Return Corp)

LANDLORD'S LIEN. As security for Lessee’s payment of rent, damages and all other payments required payment to be made by this Lease, Lessee hereby grants to Lessor a lien upon all property of Lessee now or subsequently located upon the Leased Premises and Lessee agrees not remove such property from the Leased Premises except in the ordinary course of business, provided at the time of such removal Lessee is not in defaultleased premises. If Lessee abandons or vacates any substantial portion of the Leased Premises leased premises or is in default in the payment of any rentalsrental, damages or other payments required to be made by this Lease lease or is in default of any other provision of this Leasethe lease, Lessor may enter upon the Leased Premisesleased premises with courtorder, by picking or changing the locks if necessary, and take possession of all or any part of the personal property, and may sell all or any part of the personal property at a public or private sale, in one or successive sales, with or without notice, to the highest bidder for cash, and, on behalf of Lessee, sell and convey all or part of the personal property sold to the highest bidder, delivering to the highest bidder all of Lessee's title and interest in the personal property soldhim. The proceeds of the sale of the personal property shall be applied by Lessor toward the reasonable costs and expenses of the sale, including attorney's fees, and then toward the payment of all sums then due by Lessee to Lessor under the terms of this Lease. Any lease, and any excess remaining will shall be paid to Lessee or any other person entitled thereto by law.

Appears in 1 contract

Samples: Lease Agreement (Vision Bancshares Inc)

LANDLORD'S LIEN. As security for payment of rent, damages and all other payments required to be made by this Lease, Lessee hereby grants to Lessor a lien upon all property of Lessee now or subsequently located upon the Leased Premises and Lessee agrees not remove such property from the Leased Premises except in the ordinary course of business, provided at the time of such removal Lessee is not in defaultleased premises. If Lessee abandons or vacates any substantial portion of the Leased Premises leased premises or is in default in the payment of any rentals, damages or other payments required to be made by this Lease or is in default of any other provision of this Lease, Lessor may enter upon the Leased Premisesleased premises, by picking or changing locks if necessary, and take possession of all or any part of the personal property, and may sell all or any part of the personal property at a public or private sale, in one or successive sales, with or without notice, to the highest bidder for cash, and, on behalf of Lessee, sell and convey all or part of the personal property to the highest bidder, delivering to the highest bidder all of Lessee's title and interest in the personal property sold. The proceeds of the sale of the personal property shall be applied by Lessor toward the reasonable costs and expenses of the sale, including attorney's fees, and then toward the payment of all sums then due by Lessee to Lessor under the terms of this Lease. Any excess remaining will shall be paid to Lessee or any other person entitled thereto by law. Notwithstanding anything to the contrary herein, Lessor agrees to execute a Waive of Landlord's Lien in favor of a financial institution providing financing to Lessee substantially in the form of Exhibit B attached hereto and made a part hereof.

Appears in 1 contract

Samples: Basic Lease Terms (Allstar Systems Inc)

LANDLORD'S LIEN. As security for payment of rent, damages and all other payments required to be made by this Lease, Lessee hereby grants to Lessor a lien upon all property of Lessee now or subsequently located upon the Leased Premises and Lessee agrees not remove such property from the Leased Premises except in the ordinary course of business, provided at the time of such removal Lessee is not in defaultleased premises. If Lessee abandons or vacates any substantial portion of the Leased Premises or is in default in the payment of any rentals, damages or other payments required to be made by this Lease or is in default of any other material provision of this LeaseLease and such default has not been cured as determined under the provisions of Article 11.00, Lessor may enter upon the Leased Premisesleased premises, by picking or changing locks if necessary, and take possession of all or any part of the personal property, and may sell all or any part of the personal property at a public or private sale, in one or successive sales, with or without notice, to the highest bidder for cash, and, on behalf of Lessee, sell and convey all or part of the personal property to the highest bidder, delivering to the highest bidder all of Lessee's ’s title and interest in the personal property sold. The proceeds of the sale of the personal property shall be applied by Lessor toward the reasonable costs and expenses of the sale, including attorney's ’s fees, and then toward the payment of all sums then due by Lessee to Lessor under the terms of this Lease. Any excess remaining will shall be paid to Lessee or any other person entitled thereto by law.

Appears in 1 contract

Samples: Lease Agreement (Mathstar Inc)

LANDLORD'S LIEN. As security for Lessee's payment of rent, damages and all other payments required to be made by this Lease, Lessee hereby grants to Lessor a lien hen upon all property of Lessee now or subsequently located upon the Leased Premises and Lessee agrees not remove such property from the Leased Premises except in the ordinary course of business, provided at the time of such removal Lessee is not in defaultPremises. If Lessee abandons or vacates any substantial portion of the Leased Premises or is in default in the payment of any rentals, damages or other payments required to be made by this Lease or is in default of any other provision of this Lease, Lessor may enter upon the Leased PremisesPremises without liability for trespass, by picking or changing locks if necessary, and take possession of all or any part of the personal property, and may sell all or any part of the personal property at a public or private sale, in one or successive sales, sales with or without notice, to the highest bidder for cash, and, and on behalf of Lessee, sell and convey all or part pan of the their personal property to the highest bidder, delivering to the highest bidder all of Lessee's title and interest in the personal property soldsold him. The proceeds of the sale of the personal property shall be applied by Lessor toward the reasonable costs and expenses of the sale, including attorney's fees, and then toward the payment of all sums then due by Lessee to Lessor under the terms of this Lease. Any ; any excess remaining will shall be paid to Lessee or any other person entitled thereto by law.

Appears in 1 contract

Samples: Commercial Lease Agreement (Lanstar Semiconductor Inc)

LANDLORD'S LIEN. 39. As security for Tenant's payment of rent, damages and all other payments required to be made by this Lease, Lessee Tenant, hereby grants to Lessor Landlord a lien upon all property of Lessee Tenant now or subsequently located upon the Leased Premises Premises, subject to any prior lien Tenant has given to its existing or future lender(s), and Lessee agrees not remove such property from subject to the Leased Premises except terms of a Landlord subordination agreement, substantially in the ordinary course form attached herfeto as Exhibit D ("Landlord Agreement"). Tenant's obligations under this Lease are subject to approval by its existing lender, but execution by such lender of business, provided at the time of Landlord Agreement ·shall confirm such removal Lessee is not in defaultlender's approval. . If Lessee Tenant abandons or vacates any substantial portion of the Leased Premises or is in default in the payment of any rentals, damages .damage or other payments required to be made by this Lease or is in default Lease, subject to the terms of any other provision of this LeaseLandlord subordination agreement mentioned above, Lessor may Landlord may· enter upon the Leased Premises, by picking or changing locks force if necessary, and take possession ·of all or any part of the personal property, and may sell all or any part of the personal property at a public or private sale, in one or successive sales, with or without further notice, to the highest bidder for cash, and, on behalf of LesseeTenant, sell and convey all or part of the personal property to the highest bidder, delivering to the highest bidder all of Lesseethe Tenant's title and interest Interest in the personal property soldsold to him. The proceeds of the sale of the personal property shall be applied by Lessor Landlord toward the reasonable costs and expenses cost of the sale, including attorney's fees, sale and then toward towc1rd the payment of all sums then due by Lessee Tenant to Lessor Landlord under the terms of this Lease. Any excess remaining will be paid to Lessee or any other person entitled thereto by law.

Appears in 1 contract

Samples: Lease (Dixie Group Inc)

LANDLORD'S LIEN. As security for payment of rent, damages and all other payments required to be made by this Lease, Lessee hereby grants to Lessor a lien upon all property of Lessee now or subsequently located upon the Leased Premises and Lessee agrees not remove such property from the Leased Premises except in the ordinary course of business, provided at the time of such removal Lessee is not in defaultleased premises. If Lessee abandons or vacates any substantial portion of the Leased Premises leased premises or is in default in the payment of any rentals, damages or other payments required to be made by this Lease or is in material default of any other provision of this Lease ,taking into account any notice and cure provisions in this Lease, Lessor may enter upon the Leased Premisesleased premises, by picking or changing locks if necessary, and take possession of all or any part of the personal property, and may sell all or any part of the personal property at a public or private sale, in one or successive sales, with or without notice, to the highest bidder for cash, and, on behalf of Lessee, sell and convey all or part of the personal property to the highest bidder, delivering to the highest bidder all of Lessee's title and interest in the personal property sold. The proceeds of the sale of the personal property shall be applied by Lessor toward the reasonable costs and expenses of the sale, including reasonable attorney's fees, and then toward the payment of all sums then due by Lessee to Lessor under the terms of this Lease. Any excess remaining will shall be paid to Lessee or any other person entitled thereto by law.

Appears in 1 contract

Samples: Lease Agreement (Intelect Communications Systems LTD)

LANDLORD'S LIEN. As security for payment of rent, damages and all other payments required to be made by this Lease, Lessee hereby grants to Lessor a lien upon all property of Lessee now or subsequently located upon the Leased Premises and Lessee agrees not remove such property from the Leased Premises except in the ordinary course of business, provided at the time of such removal Lessee is not in defaultPremises. If Lessee abandons or vacates any substantial portion of the Leased Premises or is in default in the payment of any rentals, damages or other payments required to be made by this Lease or is in default in the payment of any rentals, damages or other payments required to be made by this Lease or is in default of any other provision of this Lease, Lessor may enter upon the Leased Premises, by picking or changing locks if necessaryPremises upon obtaining appropriate legal process, and take possession of all or any my part of the personal property, and may sell all or any part of the personal property at a public or private sale, in one or successive sales, with or without notice, to the highest bidder for cash, and, on behalf of Lessee, sell and convey all or part of the personal property to the highest bidder, delivering to the highest bidder all of Lessee's title and interest in the personal property sold. The proceeds of the sale of the personal property shall be applied by Lessor toward the reasonable costs and expenses of the sale, including attorney's fees, and then toward the payment of all sums then due by Lessee to Lessor under the terms of this Lease. Any excess remaining will shall be paid to Lessee or any other person entitled thereto by law.

Appears in 1 contract

Samples: Lease Agreement (Community Financial Group Inc)

LANDLORD'S LIEN. As In addition to and cumulative of any statutory landlord's lien provided by law, as security for Lessee's payment of rent, damages and all other payments required to be made by this Lease, Lessee hereby grants to Lessor a lien upon all property of Lessee now or subsequently located upon the Leased Premises and Lessee agrees not remove such property from the Leased Premises except in the ordinary course of business, provided at the time of such removal Lessee is not in defaultPremises. If Lessee abandons or vacates any substantial portion of the Leased Premises premises or is in default in the payment of any rentals, damages or other payments required to be made by this Lease or is in default of any other provision of this Lease, Lessor may enter upon the Leased Premises, by picking or changing locks if necessary, and take possession of all or any part of the personal property, and may sell all or any part of the personal property at a public or private sale, in one or successive sales, with or without notice, to the highest bidder for cash, and, on behalf of Lessee, sell and convey all or part of the personal property to the highest bidder, delivering to the highest bidder all of Lessee's title and interest in the personal property soldsold to him. The proceeds of the sale of the personal property shall be applied by Lessor toward the reasonable costs and expenses of the sale, including attorney's fees, and then toward the payment of all sums then due by Lessee to Lessor under the terms of this Lease. Any ; any excess remaining will shall be paid to Lessee or any other person entitled thereto by law.

Appears in 1 contract

Samples: Commercial Lease Agreement (Avtel Communications Inc/Ut)

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LANDLORD'S LIEN. As security for payment of rent, damages and all other payments required to be made by this Lease, Lessee hereby grants to a Lessor a lien upon all property of Lessee now or subsequently located upon the Leased Premises and Lessee agrees not remove such property from the Leased Premises except in the ordinary course of business, provided at the time of such removal Lessee is not in defaultleased premises. If Lessee abandons or vacates any substantial portion of the Leased Premises leased premises or is in default in the payment of any rentals, damages or other payments of any rentals, damages or other payments required to be made by this Lease or is in default of any other provision of this Lease, . Lessor may enter upon the Leased Premisesleased premises, by picking or changing locks if necessary, and take possession of all or any part of the personal property, and may sell all or any part of the personal property at a public or private sale, in one or more successive sales, with or without notice, to the highest bidder for cash, and, on behalf of Lessee, sell and convey all or part of the personal property to the highest bidder, delivering to the highest bidder all of Lessee's ’s title and interest in the personal property sold. The proceeds of the sale of the personal property shall be applied by Lessor toward the reasonable costs and expenses of the sale, including attorney's ’s fees, and then toward the payment of all sums then due by Lessee to Lessor under the terms of this Lease. Any excess remaining will shall be paid to Lessee or any other person entitled thereto by law.

Appears in 1 contract

Samples: Lease Agreement (Liquidmetal Technologies Inc)

LANDLORD'S LIEN. As In addition to any statutory Landlord’s lien and as security for payment of rent, damages and all other payments required to be made by Tenant under this Lease, Lessee Tenant hereby grants to Lessor Landlord a lien upon and security interest in all property of Lessee Tenant now or subsequently located upon the Leased Premises and Lessee agrees not remove such property from the Leased Premises except in the ordinary course of business, provided at the time of such removal Lessee is not in defaultPremises. If Lessee abandons or vacates any substantial portion of the Leased Premises or is in default in the payment of any rentals, damages or other payments required to be made by this Lease or Tenant is in default of any other provision of this Lease, Lessor Landlord may enter upon the Leased Premises, by picking or changing locks if necessarylegal process, and take possession of all or any part of the personal such property, and may sell all or any part of the personal such property at a public or private sale, in one or successive sales, with or without noticehaving such property at the sale, to the highest bidder for cash, and, on behalf of LesseeTenant, sell and convey all or part of the personal such property to the highest bidder, delivering to the highest bidder all of Lessee's Tenant’s title and interest in the personal property sold. The proceeds of the sale of the personal such property shall be applied by Lessor Landlord toward the reasonable costs and expenses of the sale, including attorney's attorneys’ fees, and then toward the payment of all sums then due by Lessee Tenant to Lessor Landlord under the terms of this Lease. Any excess remaining will shall be paid to Lessee Tenant or any other person entitled thereto by law; and Tenant shall pay any deficiency forthwith.

Appears in 1 contract

Samples: Office Lease Agreement (Heartland Payment Systems Inc)

LANDLORD'S LIEN. As security for payment of rent, damages and all other payments required to be made by this Lease, Lessee hereby grants to Lessor a lien upon all property of Lessee now or subsequently located upon the Leased Premises and Lessee agrees to not remove such property from the Leased Premises except in the ordinary course of business, provided at the time of such removal Lessee is not in default. If Lessee abandons or vacates any substantial portion of the Leased Premises or is in default in the payment of any rentals, damages or other payments required to be made by this Lease or is in default of any other provision of this Lease, Lessor may enter upon the Leased Premises, by picking or changing locks if necessary, and take possession of all or any part of the personal property, and may sell all or any part of the personal property at a public or private sale, in one or successive sales, with or without notice, to the highest bidder for cash, and, on behalf of Lessee, sell and convey all or part of the personal property to the highest bidder, delivering to the highest bidder all of Lessee's title and interest in the personal property sold. The proceeds of the sale of the personal property shall be applied by Lessor toward the reasonable costs and expenses of the sale, including attorney's fees, and then toward the payment of all sums then due by Lessee to Lessor under the terms of this Lease. Any excess remaining will be paid to Lessee or any other person entitled thereto by law.

Appears in 1 contract

Samples: Lease Agreement (Globalscape Inc)

LANDLORD'S LIEN. As security for payment of rent, damages and all other payments required to be made by this Lease, Lessee Tenant hereby grants to Lessor Landlord a lien upon all property of Lessee Tenant now or subsequently located upon the Leased Premises and Lessee agrees not remove such property from the Leased Premises except leased premises; said lien shall be second in the ordinary course of business, provided at the time of such removal Lessee is not in defaultnature to Tenants primary lien with One Bank. If Lessee Tenant abandons or vacates any substantial portion of the Leased Premises leased premises or is in default in the payment of any rentals, damages or other payments required to be made by this Lease or is in default of any other provision of this Lease, Lessor Landlord may enter upon the Leased Premisesleased premises, by picking or changing locks if necessary, and take possession of all or any part of the personal property, and may sell all or any part of the personal property at a public or private sale, in one or successive sales, with or without notice, to the highest bidder for cash, and, on behalf of LesseeTenant, sell and convey all or part of the personal property to the highest bidder, delivering to the highest bidder all of Lessee's Tenant’s title and interest in the personal property soldsold to him. The proceeds of the sale of the personal property shall be applied by Lessor Landlord toward the reasonable costs and expenses of the sale, including attorney's ’s fees, and then toward the payment of all sums then due by Lessee Tenant to Lessor Landlord under the terms of this Lease. Any ; any excess remaining will shall be paid to Lessee Tenant or any other person entitled thereto by law.

Appears in 1 contract

Samples: Lease Agreement (Dac Technologies Group International Inc)

LANDLORD'S LIEN. As security for payment of rent, damages and all other payments required to be made by this Lease, Lessee hereby grants to Lessor a lien upon all property of Lessee now or subsequently located upon the Leased Premises and Lessee agrees not remove such property from the Leased Premises except in the ordinary course of business, provided at the time of such removal Lessee is not in defaultleased premises. If Lessee abandons or vacates any substantial portion of the Leased Premises leased premises or is in default in the payment of any rentals, damages or other payments required to be made by this Lease or is in material default of any other provision of this Lease, taking into account any notice and cure provisions in this Lease, Lessor may enter upon the Leased Premisesleased premises, by picking or changing locks if necessary, and take possession of all or any part of the personal property, and may sell all or any part of the personal property at a public or private sale, in one or successive sales, with or without notice, to the highest bidder for cash, and, on behalf of Lessee, sell and convey all or part of the personal property to the highest bidder, delivering to the highest bidder all of Lessee's title and interest in the personal property sold. The proceeds of the sale of the personal property shall be applied by Lessor toward the reasonable costs and expenses of the sale, including reasonable attorney's fees, and then toward the payment of all sums then due by Lessee to Lessor under the terms of this Lease. Any excess remaining will shall be paid to Lessee or any other person entitled thereto by law.

Appears in 1 contract

Samples: Lease Agreement (Teraforce Technology Corp)

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