Common use of Security Deposit Clause in Contracts

Security Deposit. The Lessee states that its Guarantor has executed the Guaranty with the Lessor, which guarantees all of the obligations the Lessee has assumed in the terms of this Lease and, upon signing this Agreement, Lessee shall deliver such Guaranty to the Lessor. Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any of its obligations under the Lease, Lessor may apply the Security Deposit on account of such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security Deposit, Lessee, immediately after notice from Lessor, shall deposit with Lessor the amount so applied so that Lessor shall have the full Security Deposit available at all times during the Term of this Lease. Likewise, in case of Rent increases in terms of this Agreement, the Lessee shall immediately deposit to Lessor the amount that may be necessary in order for the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term of this Lease, provided that if Lessee complies with all the terms, covenants and conditions of this Lease, the Security Deposit (or any balance thereof) shall be returned to Lessee not later than forty-five (45) calendar days after the delivery of possession of the entire Leased Property to Lessor in accordance with the terms of this Agreement. Additionally, during each year of the Term of this Agreement or at Lessor’s reasonable request in writing, the Lessee shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purpose.

Appears in 4 contracts

Sources: Lease Agreement (Plantronics Inc /Ca/), Lease Agreement (Plantronics Inc /Ca/), Lease Agreement (Plantronics Inc /Ca/)

Security Deposit. The Lessee states that its Guarantor has executed the Guaranty shall pay to Lessor simultaneously with the Lessorexecution of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) as security for the full and faithful performance by Lessee of each and every term, which guarantees all covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of the obligations terms, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain the Lessee has assumed whole or any part of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease and, upon signing this Agreement, Agreement or otherwise. In the event that Lessee shall deliver such Guaranty to the Lessor. Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any of its obligations under the Lease, Lessor may apply the Security Deposit on account of such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security Deposit, Lessee, immediately after notice from Lessor, shall deposit with Lessor the amount so applied so that Lessor shall have the full Security Deposit available at all times during the Term of this Lease. Likewise, in case of Rent increases in terms of this Agreement, the Lessee shall immediately deposit to Lessor the amount that may be necessary in order for the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term of this Lease, provided that if Lessee complies comply with all of the terms, covenants and conditions of this LeaseLease Agreement, the Security Deposit (or any balance thereof) shall be returned to Lessee not later than forty-five within thirty (4530) calendar days after Lessee has vacated and surrendered the delivery of possession of the entire Leased Property to Lessor Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. Additionally, during each year In the event of a sale of the Term of this Agreement Building or at Lessor’s reasonable request in writingthe Project, Lessor shall have the Lessee shall deliver right to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or transfer the Security Deposit to fully guarantee Lessee’s obligations derived the purchaser, and Lessor shall thereupon be released from this Agreement, all liability for the return of such Security Deposit. Lessee shall improve and/or substitutelook solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, as the case may beirrespective of whether or not such delinquencies have been cured, the Guaranty and/or then the Security Deposit in accordance with the foregoing and shall, within the 30 ten (thirty10) days following after demand by Lessor, be increased to an amount equal to the notification in writing delivered by Lessor for said purposegreater of (i) three (3) times the aforesaid amount or (ii) three (3) months rent.

Appears in 4 contracts

Sources: Lease Agreement (Benefitfocus,Inc.), Lease Agreement (Benefitfocus,Inc.), Lease Agreement (Benefitfocus,Inc.)

Security Deposit. The Lessee states agrees to deposit with Lessor a security deposit in the amount of $37,625.00 upon execution and delivery of this Lease, and that its Guarantor has executed the Guaranty with Lessor shall hold the Lessorsame, which guarantees throughout the term of this Lease, as security for the performance by the Lessee of all obligations on the part of the obligations Lessee to be kept and performed, subject to the Lessee has assumed in provisions set forth below. The Lessor shall have the terms of this Lease andright from time to time, upon signing this Agreementwithout prejudice to any other remedy the Lessor may have on account thereof, Lessee shall deliver to apply such Guaranty deposit, or any part thereof, to the Lessor. Furthermore, Lessee shall deposit 's damages arising from any default on the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any of its obligations under the Lease, Lessor may apply the Security Deposit on account of such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security Deposit, Lessee, immediately after notice from Lessor, shall deposit with Lessor . Upon such application the amount so applied so shall be paid by Lessee to Lessor upon demand in order that Lessor shall have the full Security Deposit available security deposit may at all times during the Term of this Lease. Likewise, in case of Rent increases in terms of this Agreement, the Lessee shall immediately deposit to Lessor the amount that may be necessary in order for the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term of this Lease, provided that if amount set forth in Section 1. Provided the Lessee complies with all the terms, covenants and conditions of this Leasenot then being in default, the Security Deposit (Lessor shall return the deposit, or any balance thereof) so much thereof as shall be returned to Lessee not later than forty-five (45) calendar days after the delivery of possession of the entire Leased Property to Lessor have theretofore been applied in accordance with the terms of this Agreement. AdditionallySection 4, during each year to the Lessee within thirty (30) days after the expiration or earlier termination of the Lease Term and surrender of possession of Premises by the Lessee to the Lessor at such time. The Lessor shall have no obligation to pay interest on the deposit and shall have the right to commingle the same with the Lessor's other funds. If the Lessor conveys the Lessor's interest under this Agreement Lease, the deposit, or at any part thereof not previously applied, may be turned over by the Lessor to the Lessor’s reasonable request in writing's grantee, and, if so turned over, the Lessee shall deliver agrees to Lessor copy look solely to such grantee for proper application of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit deposit in accordance with the foregoing terms of this Section 4, and within the 30 (thirty) days following return thereof in accordance herewith. The Lessee agrees that the Lessee will not assign, encumber or pledge, attempt to assign, encumber or pledge the moneys deposited herein as security, and that neither the Lessor, nor its successors and assigns, shall be bound by any such assignment, encumbrance or pledge, attempted assignment, attempted pledge, or attempted encumbrance. The holder of a mortgage of property which includes the Premises shall not be responsible to the notification Lessee for the return or application of any such deposit, whether or not it succeeds to the position of the Lessor hereunder, unless such deposit shall have been received in writing delivered hand by Lessor for said purposesuch holder.

Appears in 3 contracts

Sources: Commercial Lease (Tecogen Inc.), Commercial Lease (Tecogen Inc.), Commercial Lease (Tecogen Inc)

Security Deposit. The Lessee states A. To secure the faithful performance by Tenant of all the covenants, conditions and agreements in this Sublease set forth and contained on the part of Tenant to be fulfilled, kept, observed and performed including, but not by way of limitation, such covenants and agreements in this Sublease which become applicable upon the termination of the same by re-entry or otherwise, Tenant shall deposit with Landlord the Security Deposit as specified in Section 1(N) on the understanding that: (a) the Security Deposit or any portion thereof not previously applied, or from time to time, such one or more portions thereof, may be applied to the curing of any default that may then exist, without prejudice to any other remedy or remedies which Landlord may have on account thereof, and upon such application Tenant shall pay Landlord on demand the amount so applied which shall be added to the Security Deposit so the same may be restored to its Guarantor has executed original amount; (b) should the Guaranty Prime Lease be assigned by Landlord, the Security Deposit or any portion thereof not previously applied may be turned over to Landlord's assignee and if the same be turned over as aforesaid, Tenant hereby releases Landlord from any and all liability with respect to the LessorSecurity Deposit and/or its application or return; (c) if permitted by law, which guarantees Landlord or its successor shall not be obligated to hold the Security Deposit as a separate fund, but on the contrary may commingle the same with its other funds; (d) if Tenant shall faithfully fulfill, keep, perform and observe all of the obligations covenants, conditions and agreements in this Sublease set forth and contained on the Lessee part of Tenant to be fulfilled, kept, performed and observed, the sum deposited or the portion thereof not previously applied, shall be returned to Tenant without interest no later than thirty (30) days after the expiration of the Term of this Sublease or any renewal or extension thereof, provided Tenant has assumed vacated the Premises and surrendered possession thereof to Landlord at the expiration of the Term or any extension or renewal thereof as provided herein; (e) in the terms event that Landlord terminates this Sublease or Tenant's right to possession by reason of this Lease andan Event of Default by Tenant, upon signing this Agreement, Lessee shall deliver such Guaranty to the Lessor. Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any of its obligations under the Lease, Lessor Landlord may apply the Security Deposit on account against damages suffered to the date of such obligation or to reimburse Lessor for any sum that Lessor termination and/or may expend due to Lessee's default. If Lessor applies any part of the Security Deposit, Lessee, immediately after notice from Lessor, shall deposit with Lessor the amount so applied so that Lessor shall have the full Security Deposit available at all times during the Term of this Lease. Likewise, in case of Rent increases in terms of this Agreement, the Lessee shall immediately deposit to Lessor the amount that may be necessary in order for retain the Security Deposit to apply against such damages as may be equal to 2 suffered or shall accrue thereafter by reason of Tenant's default; and (twof) months of current Rent at all times during in the Term of this Leaseevent any bankruptcy, provided that if Lessee complies with all the termsinsolvency, covenants and conditions of this Leasereorganization or other creditor-debtor proceedings shall be instituted by or against Tenant, or its successors or assigns, the Security Deposit (or any balance thereof) shall be returned deemed to Lessee not later than forty-five (45) calendar days after the delivery of possession of the entire Leased Property to Lessor in accordance with the terms of this Agreement. Additionally, during each year of the Term of this Agreement or at Lessor’s reasonable request in writing, the Lessee shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding be applied first to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that payment of any Rent due Landlord for all periods prior to the economic solvency institution of Lessee and/or such proceedings, and the Guarantor its necessary to improve and/or substitute the Guaranty and/or balance, if any, of the Security Deposit may be retained or paid to fully guarantee Lessee’s obligations derived from Landlord in partial liquidation of Landlord's damages. B. Notwithstanding the above, Tenant shall have the right to post a letter of credit in place of the cash security deposit required in Section 26(A) of this AgreementSublease in the same manner as Landlord has the right to post a letter of credit rather than cash security pursuant to Section 39(c) of the Prime Lease. In addition, Tenant shall have the obligation to post a letter of credit as additional security for this Sublease in the same manner as Landlord is obligated to post additional security for the Prime Lease pursuant to Section 39(b) of the Prime Lease (except that the test shall be the ▇▇▇▇▇'▇ and/or Standard & Poors rating of TriMas Company, LLC, the Lessee shall improve and/or substituteguarantor, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purposerather than Landlord).

Appears in 3 contracts

Sources: Asset Purchase Agreement (Metaldyne Corp), Asset Purchase Agreement (Trimas Co LLC), Fittings Facility Sublease (Trimas Corp)

Security Deposit. The Lessee states that its Guarantor has executed the Guaranty deposited with the Lessor, and Lessor hereby acknowledges receipt of, Twenty One Thousand Two Hundred Seventv-Two and 76/100 Dollars ($21,272.76) (the "Security Deposit") which guarantees shall be held by Lessor, without accrual of interest, as security for the faithful performance by L▇▇▇▇▇ of all of the obligations the Lessee has assumed in the terms of this Lease and, upon signing this Agreement, Lessee shall deliver such Guaranty to and not as an advance rent deposit or a measure of Lessor’s damages in the Lessorcase of L▇▇▇▇▇’s default. Furthermore, Lessee shall deposit the Such Security Deposit with Lessor upon signing this Agreementshall not be mortgaged, assigned, transferred or encumbered by L▇▇▇▇▇ without the express prior written consent of Lessor. If Lessee does not fulfill shall fail to perform any of its obligations under the terms of this Lease, then Lessor, at its option and without prejudice to any other remedy which Lessor may apply the Security Deposit have on account of such obligation thereof, may appropriate and apply all or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security Deposit, Deposit toward the payment of any Rent or additional sum due hereunder or to any loss or damage sustained by Lessor due to such breach on the part of Lessee, immediately after notice from Lessor, shall deposit with Lessor the amount so applied so that Lessor shall have the full Security Deposit available at all times during the Term of this Lease. Likewise, in case of Rent increases in terms of this Agreement, the ; and Lessee shall immediately deposit to Lessor the amount that may be necessary in order for forthwith upon demand restore the Security Deposit to be equal the original sum deposited. Any funds paid by Lessee to 2 (two) months Lessor as part of current Rent at all times during the Term Security Deposit or as a deposit or advance pursuant to the terms of this Lease, provided that if or any exhibit, addendum or modification hereto, may be commingled with other funds of Lessor and need not be placed in trust, deposited in escrow or otherwise held in a segregated account. Should Lessee complies comply with all of the terms, covenants terms hereof and conditions promptly pay all of this Leasethe rentals and all other sums payable by Lessee to Lessor as they become due, the Security Deposit (or any balance thereof) shall be returned in full to Lessee not later than forty-five (45) calendar within 30 days after the delivery of possession end of the entire Leased Property to Lessor in accordance with Term. In the terms event of this Agreement. Additionallya bankruptcy or other creditor/debtor proceeding against L▇▇▇▇▇, during each year of the Term of this Agreement or at Lessor’s reasonable request in writing, the Lessee shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit shall be deemed to fully guarantee Lessee’s obligations derived from this Agreement, be first applied to the Lessee shall improve and/or substitute, as payment of Rent and other charges due Lessor for all periods prior to the case filing of such proceedings. Lessor may be, the Guaranty and/or deliver the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following any other deposit made hereunder by L▇▇▇▇▇ to the notification purchaser of Lessor’s interest in writing delivered by all or any part of the Project and thereupon Lessor for said purpose.shall be discharged from any further liability with respect to such deposit; provided that such successor has assumed all of Lessor’s responsibilities and duties hereunder in writing; and this provision shall also apply to any subsequent transferee of Lessor

Appears in 3 contracts

Sources: Commercial Lease (Vocodia Holdings Corp), Commercial Lease (Vocodia Holdings Corp), Commercial Lease (Vocodia Holdings Corp)

Security Deposit. The Lessee states that its Guarantor has executed hereby deposits the Guaranty sum of Ten Thousand One Hundred Sixty Dollars ($10,160.00) with the Lessor, the receipt of which guarantees all is hereby acknowledged, as security for the full and faithful performance by the Lessee of each and every term, covenant and condition of this Lease. Lessee shall maintain the full amount of the obligations security deposit throughout the term of this Lease. In the event that the Lessee has assumed in the terms defaults with respect to any terms, provisions, covenants and conditions of this Lease and, upon signing this Agreement, Lessee shall deliver such Guaranty to the Lessor. Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any of its obligations under the Lease, including but not limited to payment of any rentals, the Lessor may use, apply or retain the Security Deposit on account of such obligation whole or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security Depositsecurity so deposited for the payment of any such rentals in default or for any such sums which Lessor may expend or be required to expend by reason of the Lessee's default, Lesseeincluding any damages or deficiency in the reletting of the Demised Premises, immediately whether such damages or deficiency may accrue before or after notice from summary proceedings or other re-entry by the Lessor, shall deposit with Lessor . In the amount so applied so event that Lessor shall have the full Security Deposit available at all times during the Term of this Lease. Likewise, in case of Rent increases in terms of this Agreement, the Lessee shall immediately deposit to Lessor the amount that may be necessary in order for the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term of this Lease, provided that if Lessee complies fully and faithfully comply with all the terms, provisions, covenants and conditions of this Lease, the Security Deposit (security or any the balance thereof) shall thereof will be returned to the Lessee not later than forty-five (45) calendar days after the delivery time fixed as the expiration thereof. The Lessee shall not be entitled to any interest on the security. In the absence of possession evidence satisfactory to the Lessor of any assignment of the entire Leased Property right to receive this security, or the remaining balance thereof, the Lessor in accordance with may return the terms security to the original Lessee, regardless of this Agreement. Additionally, during each year one or more assignments of the Term of this Agreement or at Lessor’s reasonable request in writing, Lease itself. Prior to the time when the Lessee shall deliver be entitled to Lessor copy return of the audited financial statements security deposit, the Lessor shall be entitled to intermingle such deposit with its own funds and to use such funds for purposes as the Lessor may determine. In the event of Lessee and/or a bona fide sale, subject to this Lease, the Guarantor corresponding Lessor shall have the right to transfer the security deposit to the preceding year. Provided that if Lessorvendee for the benefit of the Lessee, based on and the Lessor shall be considered released by the Lessee from all liability for return of such financial statementssum, reasonably and justifiably determines that due the Lessee agrees to look to the economic solvency new landlord solely for the return of Lessee and/or the Guarantor its necessary security, and it is agreed that this apply to improve and/or substitute every transfer or assignment made of the Guaranty and/or the Security Deposit security to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purposea new landlord.

Appears in 3 contracts

Sources: Lease (Skillsoft Public Limited Co), Lease (Skillsoft Corp), Lease Agreement (Skillsoft Public Limited Co)

Security Deposit. The Lessee states that its Guarantor has executed Booking Deposit of €300.00 will be held as a Security Deposit for the Guaranty with the Lessor, which guarantees all duration of the obligations License Agreement. Please note: NO SECURITY DEPOSIT REFUND will be made, UNDER ANY CIRCUMSTANCES, if a Licencee leaves or the Lessee has assumed in the terms of this Lease and, upon signing this Agreement, Lessee shall deliver such Guaranty Licence Agreement is terminated before [3rd June 2022]. Refunds are subject to the Lessorunit (which term when used in this document shall be taken to mean the apartment unit in which the Premises is situate) in which the bedroom is situate and the bedroom itself and the contents of the entire being left in a satisfactory condition. FurthermoreAny damages necessitating expenditure on replacements or repairs will be charged to the Licencees as they occur. Each Licencee will be responsible for any damage to the unit and its contents. Please note that no Security or Electricity Deposit will be refunded until the fob to the Premises have been returned, Lessee shall deposit the Premises and the unit and contents have been inspected and found to be in good order, repair and condition and all electricity used has been paid for in full. In the event the Security Deposit with Lessor upon signing does not cover all items of damage or the condition of the unit or the Premises, any balance to credit of the Electricity Deposit will be used to cover the Licensor’s costs and the Licensor also reserves all other rights it has to pursue the Licensee to recover costs incurred by it in replacing damaged items or putting the Premises and/or unit in the condition it was provided to the Licensee. All end of year refunds will be processed and returned no later than 1st August 2022. All queries regarding a refund will need to be made in writing to Management by post or by email no later than 12th August 2022. After this Agreementdate any queries received regarding a refund will not be accepted. Verbal queries will not be allowed, only written queries will be acknowledged. If Lessee does not fulfill any of its obligations under a student provides wrong bank details this will result in the Lease, Lessor may apply process being delayed and the Security Deposit on account of such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security Deposit, Lessee, immediately refund returned after notice from Lessor, shall deposit with Lessor the amount so applied so that Lessor shall have the full Security Deposit available at all times during the Term of this Lease. Likewise, in case of Rent increases in terms of this Agreement, the Lessee shall immediately deposit to Lessor the amount that may be necessary in order for the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term of this Lease, provided that if Lessee complies with all the terms, covenants and conditions of this Lease, the Security Deposit (or any balance thereof) shall be returned to Lessee not later than forty-five (45) calendar days after the delivery of possession of the entire Leased Property to Lessor in accordance with the terms of this Agreement. Additionally, during each year of the Term of this Agreement or at Lessor’s reasonable request in writing, the Lessee shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purpose1st August 2022.

Appears in 3 contracts

Sources: Licence Agreement, Licence Agreement, Licence Agreement

Security Deposit. The Lessee states that its Guarantor has executed Upon the Guaranty with the Lessor, which guarantees all of the obligations the Lessee has assumed in the terms execution of this Lease and, upon signing this AgreementLease, Lessee shall deliver such Guaranty to the Lessor. Furthermoremake a deposit, Lessee shall deposit the Security Deposit in cash, with Lessor upon signing this Agreement. If Lessee does not fulfill any or deliver to Lessor a letter of credit in favor of Lessor, in an amount equal to ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Dollars (US$160,000) to serve as security for Lessee's full and faithful performance of all of its obligations under this Lease (the Lease"Security Deposit"). If Lessee fails to pay Rent or any other sums due or fails to perform any of the other terms or provisions of this Lease or is otherwise in Default hereunder, in addition to all other rights Lessor shall have, Lessor may use, apply or retain all or any portion of the Security Deposit on account in partial payment for any sums it may in its discretion advance as a result of a Default by the Lessee or to apply toward losses or expenses Lessor may suffer or incur as a result of such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's defaultDefault. If Lessor uses or applies all or any part portion of the Security Deposit, Lesseesuch application shall not be deemed a cure of any Default, and Lessee shall immediately after notice upon receipt of written demand from Lessor pay an amount necessary to restore the Security Deposit to its required amount, and the failure to do so shall be an Event of Default without further notice. In the event that the Lessee does not make timely payments of Basic Rent in any two consecutive months during the Term, the Lessor, without limitation to any other rights and remedies hereunder, may on each such occasion require the Lessee to increase the Security Deposit by an amount equal to one payment of Basic Rent. 3.5.1. The Security Deposit shall deposit with Lessor remain in effect until after the amount so applied so that Aircraft is returned in the condition required by this Lease. Any letter of credit shall have a stated termination date thirty days after expiration of the Term. Lessee shall not be entitled to off-set any Rent against the Security Deposit. After the return of the Aircraft in the condition required by this Lease, Lessor shall have return the full Security Deposit Deposit, without interest, provided that Lessee has otherwise fulfilled all its obligations hereunder. 3.5.2. If Lessee shall provide a letter of credit, it must (A) be issued or confirmed by a United States money center bank acceptable to Lessor in its sole discretion; (B) provide that it is irrevocable; (C) provide that it shall be automatically extended throughout the Term and until thirty days after expiration of the Term, unless eighty days prior to expiration of the letter of credit the issuing or confirming bank notifies Lessor in writing by registered mail, return receipt requested, that the letter of credit shall expire; (D) be available at all times by sight payment; (E) provide for partial draws; and (F) be substantially in the form attached hereto as Exhibit ▇. ▇▇▇▇▇▇ shall be entitled to draw the entire amount of the letter of credit (i) upon an Event of Default, including, without limitation, failure of Lessee to accept delivery of or lease the Aircraft in accordance herewith; or (ii) if it receives notice by the issuing bank or Lessee that the letter of credit shall expire, or not be renewed as required hereunder during the Term of this Lease. Likewise, in case of Rent increases in terms of this Agreement, the Lessee shall immediately deposit to Lessor the amount that may be necessary in order for the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term of this Lease, provided that if Lessee complies with all the terms, covenants Lease and conditions of this Lease, the Security Deposit (or any balance thereof) shall be returned to Lessee not later than forty-five (45) calendar until thirty days after the delivery of possession of the entire Leased Property to Lessor in accordance with the terms of this Agreement. Additionally, during each year expiration of the Term of this Agreement and it has not been replaced or at Lessor’s reasonable request in writing, the extended within sixty (60) days prior to its expiration. In addition to any other amounts Lessee shall deliver pay hereunder, Lessee shall pay all costs of maintaining the letter of credit and pay Lessor any expenses incurred in exercising its rights to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based draw on such financial statementsletter of credit, reasonably and justifiably determines that due including any attorney's fees required to the economic solvency of Lessee and/or the Guarantor enforce its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purposerights.

Appears in 3 contracts

Sources: Aircraft Lease Agreement (American Income Fund I-A), Aircraft Lease Agreement (American Income Partners v a LTD Partnership), Aircraft Lease Agreement (Airfund Ii International Limited Partnership)

Security Deposit. The Lessee states that its Guarantor has executed the Guaranty with the Lessor, which guarantees all of the obligations the Lessee has assumed in the terms deposited, or upon execution of this Lease andwill deposit, upon signing this Agreement, Lessee shall deliver such Guaranty to the Lessor. Furthermore, Lessee shall deposit with Lessor the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any for the full and faithful performance of its Lessee’s obligations under the this Lease, including without limitation, the surrender of possession of the Premises to Lessor may apply the Security Deposit on account of such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's defaultas herein provided. If Lessor applies any part of the said Security Deposit, Deposit to cure any default of Lessee, immediately after notice from LessorLessee shall, shall on demand, deposit with Lessor the amount so applied so that Lessor shall have the full Security Deposit available on hand at all times during the Term of this Lease and any renewal term. In the event of a bona fide sale of the Property, subject to this Lease. Likewise, in case of Rent increases in terms of this AgreementLessor shall have the right, on notice to the Lessee shall immediately deposit Lessee, to Lessor the amount that may be necessary in order for transfer the Security Deposit to the purchaser, and Lessor shall be equal considered released by Lessee from all liability for the return of the Security Deposit to 2 (two) months the extent same is transferred to the purchaser; and Lessee agrees to look solely to the new Lessor for the return of current Rent at all times during the Term Security Deposit, and it is agreed that this shall apply to every transfer or assignment made of this Lease, provided that if the Security Deposit to the new Lessor. Provided Lessee complies with all the terms, covenants and conditions of this Leaseis not in default, the Security Deposit (less any portions thereof used, applied or any balance thereof) retained by Lessor in accordance with the provisions of this Article 16), shall be returned to Lessee not later than forty-five (45) calendar days after the expiration or sooner termination of this Lease and after delivery of possession of the entire Leased Property Premises to Lessor in accordance with the terms provisions of this AgreementLease. Additionally, during each year of the Term of this Agreement Lessee covenants that it will not assign or at Lessor’s reasonable request in writing, the Lessee shall deliver encumber or attempt to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or assign or encumber the Security Deposit and Lessor shall not be bound by any such assignment, encumbrance or attempt thereof. In the event of the insolvency of Lessee, or in the event a petition is filed by or against (and not dismissed within 60 days) Lessee under any chapter of bankruptcy laws of the State of New Jersey or the United States of America, then in such event, Lessor may require the Lessee to fully guarantee deposit additional security in an amount which in Lessor’s sole judgment would be sufficient to adequately assure Lessee’s performance of all of its obligations derived from under this Agreement, Lease including all payments subsequently accruing. Failure of Lessee to deposit the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and security required by this Article 16 within the 30 ten (thirty10) days following to the notification in writing delivered after Lessor’s written demand shall constitute a material breach of this Lease by Lessor for said purposeLessee.

Appears in 2 contracts

Sources: Lease Agreement (Nexus Biopharma Inc), Lease Agreement (Fluoropharma Medical, Inc.)

Security Deposit. The Upon execution of this Lease, Lessee states that its Guarantor has executed deposited with Lessor the Guaranty with sum of Sixteen Thousand Six Hundred Dollars ($ 16,600.00), receipt of which is hereby acknowledged by Lessor. Said sum shall be held by Lessor as security for the Lessorfaithful performance of Lessee of all the terms, which guarantees covenants, and conditions of this Lease by said Lessee to be kept and performed during the term hereof. If at any time during the term of this Lease any of the rent herein reserved, or any other sum payable by Lessee to Lessor hereunder, shall be overdue and unpaid, then Lessor may, at the option of Lessor (but Lessor shall not be required to), appropriate and apply any portion of this Security Deposit to the payment of any such overdue rent or other sum. In the event of the failure of Lessee to keep and perform all of the obligations the Lessee has assumed in the terms terms, covenants, and conditions of this Lease andto be kept and performed by Lessee, upon signing then at the option of Lessor, the Lessor may, after terminating this Agreement, Lessee shall deliver such Guaranty to the Lessor. Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any of its obligations under the Lease, Lessor may appropriate and apply the Security Deposit on account of such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the entire Security Deposit, Lesseeor so much thereof as may be necessary, immediately after notice from to compensate Lessor for all loss or damage sustained or suffered by Lessor, shall deposit with due to such breach on the part of Lessee. Should the entire Security Deposit, or any portion thereof, be appropriated and applied by Lessor for the payment of overdue rent or other sums due and payable to Lessor by Lessee hereunder, the Lessee shall, upon the written demand of Lessor, forthwith remit to Lessor a sufficient amount so applied so that Lessor shall have the full in cash to restore said Security Deposit available at all times during to the Term original sum, and Lessee’s failure to do so within five (5) business days after receipt of such demand shall constitute a breach of this Lease. LikewiseShould Lessee comply with all of said terms, covenants, and conditions and promptly pay all of the rental herein provided for as it falls due, and all other sums payable by Lessee to Lessor hereunder, said Security Deposit shall be returned in case full to Lessee at the end of Rent increases in terms the term of this Agreement, Lease or upon the earlier termination of this Lease under the provisions of Paragraph 18 hereof. Lessee acknowledges that this Security Deposit is not prepaid rent and shall immediately deposit not be applied by Lessee to the payment of any rent due Lessor herein. No interest shall be paid on this Security Deposit by Lessor to Lessee. In the amount event that may be necessary in order for the Lessor transfers said Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term of this LeaseLessor’s successor in interest, provided that if Lessee complies with all the terms, covenants and conditions of this Lease, the Security Deposit (or any balance thereof) Lessor shall be returned discharged from any further liability with respect to Lessee not later than forty-five (45) calendar days after the delivery of possession of the entire Leased Property to Lessor in accordance with the terms of this Agreement. Additionally, during each year of the Term of this Agreement or at Lessor’s reasonable request in writing, the Lessee shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purposeDeposit.

Appears in 2 contracts

Sources: Lease (Invitae Corp), Lease (Invitae Corp)

Security Deposit. The Lessee states that its Guarantor has executed hereby deposits the Guaranty sum of Two Thousand Nine Hundred Eighty-Seven Dollars and Twenty-Nine Cents ($2,987.29) with the Lessor, the receipt of which guarantees all is hereby acknowledged, as security for the full and faithful performance by the Lessee of each and every term, covenant and condition of this Lease. Lessee shall maintain the full amount of the obligations security deposit throughout the term of this Lease. In the event that the Lessee has assumed in the terms defaults with respect to any terms, provisions, covenants and conditions of this Lease and, upon signing this Agreement, Lessee shall deliver such Guaranty to the Lessor. Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any of its obligations under the Lease, including but not limited to payment of any rentals, the Lessor may use, apply or retain the Security Deposit on account of such obligation whole or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security Depositsecurity so deposited for the payment of any such rentals in default or for any such sums which Lessor may expend or be required to expend by reason of the Lessee's default, Lesseeincluding any damages or deficiency in the reletting of the Demised Premises, immediately whether such damages or deficiency may accrue before or after notice from summary proceedings or other reentry by the Lessor, shall deposit with Lessor . In the amount so applied so event that Lessor shall have the full Security Deposit available at all times during the Term of this Lease. Likewise, in case of Rent increases in terms of this Agreement, the Lessee shall immediately deposit to Lessor the amount that may be necessary in order for the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term of this Lease, provided that if Lessee complies fully and faithfully comply with all the terms, provisions, covenants and conditions of this Lease, the Security Deposit (security or any the balance thereof) shall thereof will be returned to the Lessee not later than forty-five (45) calendar days after the delivery time fixed as the expiration thereof. The Lessee shall not be entitled to any interest on the security. In the absence of possession evidence satisfactory to the Lessor of any assignment of the entire Leased Property right to receive this security, or the remaining balance thereof, the Lessor in accordance with may return the terms security to the original Lessee, regardless of this Agreement. Additionally, during each year one or more assignments of the Term of this Agreement or at Lessor’s reasonable request in writing, Lease itself. Prior to the time when the Lessee shall deliver be entitled to Lessor copy return of the audited financial statements security deposit, the Lessor shall be entitled to intermingle such deposit with its own funds and to use such funds for purposes as the Lessor may determine. In the event of Lessee and/or a bona fide sale, subject to this Lease, the Guarantor corresponding Lessor shall have the right to transfer the security deposit to the preceding year. Provided that if Lessorvendee for the benefit of the Lessee, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, Lessor shall be considered released by the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor from all liability for said purpose.return of

Appears in 2 contracts

Sources: Lease (Skillsoft Corp), Lease (Skillsoft Corp)

Security Deposit. The Lessor acknowledges that it has received from Lessee states that its Guarantor has executed the Guaranty with sum of as a security deposit. (hereinafter the Lessor, which guarantees all of the obligations the Lessee has assumed in the terms of this Lease and, upon signing this Agreement, Lessee shall deliver such Guaranty to the Lessor. Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any of its obligations under the Lease, Lessor may apply the Security Deposit on account of such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security Deposit”) to secure performance of Lessee’s obligations hereunder. On December 1, Lessee, immediately after notice from Lessor, shall deposit with Lessor the amount so applied so that Lessor shall have the full Security Deposit available at all times during the Term of this Lease. Likewise, in case of Rent increases in terms of this Agreement2016, the Lessee shall immediately deposit to Lessor the amount that may be necessary in order for the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term of this Lease, provided that if Lessee complies with all the terms, covenants and conditions of this Lease, the Security Deposit (or any balance thereof) shall be returned to Lessee not later than forty-five and replaced with a security deposit of in the form of a letter of credit issued by a commercial bank reasonably satisfactory to Lessor upon which presentment may be made in Boston, Massachusetts Lessor agrees (45a) calendar days after the delivery of possession to pay over said Security Deposit to any purchaser of the entire Building of which the Leased Property Premises are a part, notify Lessee of that pay over, and to Lessor in accordance provide Lessee with written acknowledgment by such purchaser subject to the terms of this Agreement. Additionallylease, during each year provided (i) no default of Lessee then exists and (ii) said Security Deposit has not been used to correct any default of Lessee, in which event only the balance remaining after Lessor has made itself whole shall be paid over to such purchaser; and (b) to pay to Lessee at the expiration or termination of this lease said Security Deposit provided (i) no default of Lessee then exists, (ii) said Security Deposit has not been paid over to a purchaser of the Term Building of which the Leased Premises are a part, and (iii) said Security Deposit has not been used to correct any default of Lessee in which event only the balance remaining, if any, after Lessor has made itself whole shall be reimbursable to Lessee. Lessee agrees ((a)) said Security Deposit may be used by Lessor, in addition to any other remedy available under the terms of this agreement or by law available to Lessor, to remedy any default of Lessee, provided, however, Lessor shall be under no obligation to correct any such default, and may at Lessor’s sole and exclusive election avail itself of any other remedy available under the Terms of this Agreement or otherwise available at Lessor’s reasonable request law or in writingequity, ((b)) in the event said Security Deposit is paid over to any purchaser of the Building of which the Leased Premises are a part, the Lessee shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the who has paid over said Security Deposit shall be released and discharged from all liability of said deposit and ((c)) in the event said Security Deposit or any part thereof is used by Lessor to fully guarantee remedy any default of Lessee, Lessor shall be released and discharged from all liability for said Security Deposit or such portion thereof as Lessor may have used to correct Lessee’s obligations derived from default. Lessor shall have no obligation to place this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purposean interest bearing account.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement

Security Deposit. The Lessee states that its Guarantor has executed the Guaranty a. Concurrent with the execution of this Lease, Lessee has deposited with Lessor an unconditional, irrevocable letter of credit (the "Letter of Credit") in favor of Lessor in an amount equal to the "L C Amount" (as hereinafter defined) in form and from an issuer reasonably acceptable to Lessor, having an expiration date not sooner than one (1) year following the date thereof, which guarantees all Letter of Credit shall be renewed or replaced annually, at least fifteen (15) days prior to the expiration date thereof for additional one-year periods until the expiration of the obligations Term, as security for the Lessee has assumed in the terms full and faithful performance of every provision of this Lease andto be performed by Lessee (such Letter of Credit and/or any proceeds thereof are collectively referred to herein as the "Security Deposit"). As used herein, the "LC Amount" shall mean an amount equal to the sum of (i) the Lessee Improvement Allowance plus (ii) all commissions payable by Lessor to the Brokers referenced in Article I.n. above in connection with this Lease; provided, however, that the LC Amount shall be reduced by twenty percent (20%) of the original amount thereof on each anniversary of the Commencement Date occurring during the Term, provided that in no event shall the LC Amount be reduced below the amount of the last month's Base Rent payable under this Lease. All costs of obtaining, maintaining, replacing, renewing and/or restoring the Letter of Credit in accordance with this Article 6 shall be born by Lessee. Such Letter of Credit shall be such that it may be drawn upon in part or in full, periodically, or at one time, upon signing this Agreementpresentation of only the Letter of Credit, Lessee shall deliver such Guaranty a draft from Lessor in the amount to be drawn, and certification from Lessor that Lessor is entitled to draw upon the Letter of Credit pursuant to the Lessor. Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any of its obligations under the Lease, Lessor may apply the Security Deposit on account of such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security Deposit, Lessee, immediately after notice from Lessor, shall deposit with Lessor the amount so applied so that Lessor shall have the full Security Deposit available at all times during the Term provisions of this Lease. LikewiseIf Lessor shall at any time draw upon such Letter of Credit in accordance with this Article 6, in case of Rent increases in terms of this Agreement, the Lessee shall immediately deposit restore such Letter of Credit to the then applicable full LC Amount. Lessee agrees that the Letter of Credit may be presented by Lessor for payment (1) upon the occurrence of a default by Lessee under this Lease (after Lessee's receipt of written notice thereof from Lessor and the expiration of any applicable cure period provided in Article 22 below), (2) in the event Lessee has not, within fifteen (15) days prior to the expiration of the then term of the Letter of Credit, delivered to Lessor a renewed or replacement Letter of Credit complying with all of the amount that may be necessary in order for the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term requirements of this Lease, provided and/or (3) in the event Lessor draws upon the Letter of Credit in the event of Lessee's default pursuant to clause (1) above, and Lessee does not, within ten (10) days after written demand therefor, restore the Letter of Credit to its original amount. Lessee shall not in any manner interfere with the payment to Lessor of the proceeds of the Letter of Credit pursuant to this case either prior to or following presentment by Lessor pursuant hereto, and Lessee shall be liable to Lessor for any loss suffered by Lessor as a result of such interference, including, without limitation, any attorneys' fees and costs. Lessee hereby agrees that if Lessee complies it may be enjoined from interfering or attempting to interfere, directly or indirectly, with all Lessor's negotiation of the terms, covenants and conditions Letter of this Lease, Credit. The proceeds of the Letter of Credit paid to Lessor upon presentment thereof shall be the Security Deposit (or for use in the manner set forth in this Article 6. Notwithstanding anything to the contrary contained herein, Lessee may at any balance thereof) time replace the Letter of Credit with a cash security deposit in the amount of the then applicable LC Amount, in which event such cash shall be returned to Lessee not later than forty-five (45) calendar days after the delivery of possession of the entire Leased Property to Lessor in accordance with the terms of this Agreement. Additionally, during each year of the Term of this Agreement or at Lessor’s reasonable request in writing, the Lessee shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, held as the case may be, the Guaranty and/or the Security Deposit in accordance with this Lease and Lessor shall return to Lessee the foregoing and within the 30 (thirty) days following to the notification in writing delivered Letter of Credit then held by Lessor for said purposeLessor.

Appears in 2 contracts

Sources: Office Lease (Doubleclick Inc), Office Lease (Netgravity Inc)

Security Deposit. The Lessee states that its Guarantor has executed the Guaranty with the Lessor, which guarantees all of the obligations the Lessee has assumed in the terms of this Lease and, upon signing this Agreement, Lessee (a) Subtenant shall deliver such Guaranty to the Lessor. FurthermoreSublandlord, Lessee shall deposit the Security Deposit concurrently with Lessor upon signing this Agreement. If Lessee does not fulfill any of its obligations under the Lease, Lessor may apply the Security Deposit on account of such obligation or to reimburse Lessor for any sum that Lessor may expend due to LesseeSubtenant's default. If Lessor applies any part of the Security Deposit, Lessee, immediately after notice from Lessor, shall deposit with Lessor the amount so applied so that Lessor shall have the full Security Deposit available at all times during the Term of this Lease. Likewise, in case of Rent increases in terms of this Agreement, the Lessee shall immediately deposit to Lessor the amount that may be necessary in order for the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term execution of this Lease, provided an unconditional, clean, irrevocable standby letter of credit (the "L-C") in the initial amount of the Security Deposit Amount (the "Security Deposit"), which L-C shall be issued by a money-center bank that if Lessee complies with is acceptable to Sublandlord, and which L-C may be presented for payment in a U.S. location acceptable to Sublandlord. The L-C shall be in form and content as attached hereto as Exhibit C for a term of not less than one year. Subtenant shall pay all expenses, points and/or fees incurred by Subtenant in obtaining the L-C. (b) The L-C shall be held by Sublandlord as security for the faithful performance by Subtenant of all the terms, covenants covenants, and conditions of this Sublease to be kept and performed by Subtenant during the Sublease Term. If Subtenant defaults with respect to any provisions of this Sublease, including, but not limited to, the provisions relating to the payment of Rent, or if Subtenant fails to renew the L-C at least thirty (30) days before its expiration, Sublandlord may, but shall not be required to, draw upon all or any portion of the L-C for payment of any Rent or any other sum in default, or for the payment of any amount that Sublandlord may spend or may become obligated to spend by reason of Subtenant's default; or to compensate Sublandlord for any other loss, cost or damage that Sublandlord may suffer by reason of Subtenant's default. The use, application or retention of the L-C, or any portion thereof, by Sublandlord shall not prevent Sublandlord from exercising any other right or remedy provided by this Sublease or by law, it being intended that Sublandlord shall not first be required to proceed against the L-C, and shall not operate as a limitation on any recovery to which Sublandlord may otherwise be entitled. If any portion of the L-C is drawn upon, Subtenant shall, within ten (10) days after written demand therefor, reinstate the L-C to the amount then required under this Lease, and Subtenant's failure to do so shall be a default under this Sublease. The L-C or the Security Deposit (or any balance thereof) remaining if it has been drawn upon by Sublandlord as herein provided, shall be returned to Lessee not later than forty-five Subtenant within ten (45) calendar days after the delivery of possession of the entire Leased Property to Lessor in accordance with the terms of this Agreement. Additionally, during each year of the Term of this Agreement or at Lessor’s reasonable request in writing, the Lessee shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty10) days following to the notification in writing delivered later of the expiration of the Sublease Term or the vacating of the Subleased Premises by Lessor for said purposeSubtenant.

Appears in 2 contracts

Sources: Sublease Agreement (Rsa Security Inc/De/), Sublease Agreement (Serena Software Inc)

Security Deposit. The Lessee states that its Guarantor has executed the Guaranty In order to secure Tenant's obligations under this Lease, simultaneously with the Lessor, which guarantees all of the obligations the Lessee has assumed in the terms of this Lease and, upon signing this Agreement, Lessee shall deliver such Guaranty to the Lessor. Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any of its obligations under the Lease, Lessor may apply the Security Deposit on account of such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security Deposit, Lessee, immediately after notice from Lessor, shall deposit with Lessor the amount so applied so that Lessor shall have the full Security Deposit available at all times during the Term of this Lease. Likewise, in case of Rent increases in terms of this Agreement, the Lessee shall immediately deposit to Lessor the amount that may be necessary in order for the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term execution of this Lease, provided that if Lessee complies with all Tenant shall deliver to Landlord an irrevocable letter of credit in the terms, covenants amount of $844,101.00 in form and conditions substance acceptable to Landlord in its sole discretion and issued by a New York City bank acceptable to Landlord (the "L/C"). Landlord may draw down on the L/C from time to time to reimburse itself upon an Event of this Lease, the Security Deposit (or any balance thereof) Default. Drawings may be made by sight draft and partial drawings shall be returned permitted. The L/C shall be substantially in the form of Exhibit 4 annexed hereto and provide for a twelve month-expiry, and shall contain a so-called "evergreen" clause so that, unless the issuing bank notifies Landlord, in writing, of its intention not to Lessee not later than renew the L/C at least forty-five (45) calendar days after prior to the delivery stated expiry thereof, the L/C shall be renewed automatically for a period of possession twelve months. If the issuing bank so notifies Landlord or if, with Landlord's consent, the L/C does not contain an "evergreen" clause and Tenant fails to provide a renewal letter of credit in the form and amount of the entire Leased Property original L/C at least forty-five (45) days prior to Lessor in accordance with the terms stated expiry thereof, Landlord may draw down on the L/C and hold the cash proceeds of same as security for Tenant's obligations under this AgreementLease. AdditionallyTenant may, during each year on the second (2nd) anniversary of the Term of this Agreement or at Lessor’s reasonable request in writingRent Commencement Date, the Lessee shall deliver to Lessor copy and, on each succeeding anniversary of the audited financial statements Rent Commencement Date, cause the L/C to be reduced by an amount equal to $70,341.75, provided (a) that in no event shall Tenant ever have the right to reduce the L/C to an amount less than $140,683.50 and (b) Tenant's right to reduce the amount of Lessee and/or the Guarantor corresponding to L/C as provided for herein shall terminate upon an Event of Default. Tenant shall be liable for any fees which may be payable in connection with a transfer of the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered L/C by Lessor for said purposeLandlord.

Appears in 2 contracts

Sources: Lease Agreement (Nextvenue Inc), Assignment and Amendment of Lease (Talkpoint Communications Inc)

Security Deposit. The Lessee states that its Guarantor has executed LESSEE shall pay to LESSOR a security deposit in the Guaranty with amount of $92,539.50 upon the Lessorexecution of this Lease, which guarantees all amount shall be held as security by ▇▇▇▇▇▇ (and may be commingled with other fund of LESSOR) for ▇▇▇▇▇▇'s performance as herein provided and refunded to LESSEE with interest at the obligations prevailing money market rate at the Lessee has assumed in the terms end of this Lease andsubject to LESSEE'S satisfactory compliance with the conditions hereof. The security deposit shall not be mortgaged, assigned, transferred or encumbered by ▇▇▇▇▇▇ without the written consent of LESSOR. In the event of any default or breach of this Lease by ▇▇▇▇▇▇, LESSOR shall immediately apply the security deposit first to any unamortized improvements completed for LESSEE's occupancy, then to offset any outstanding invoice or other payment due to LESSOR, with the balance applied to outstanding rent, and LESSEE shall forthwith upon signing this Agreement, Lessee shall deliver such Guaranty demand restore said security to the Lessororiginal sum deposited. Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any of its obligations under the Lease, Lessor may apply the Security Deposit on account of such obligation or ▇▇▇▇▇▇'s failure to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security Deposit, Lessee, immediately after notice from Lessor, shall deposit with Lessor the amount so applied so that Lessor shall have remit the full Security Deposit available at all times during the Term security deposit when due shall constitute a default of this Lease. LikewiseNotwithstanding the foregoing, ▇▇▇▇▇▇ may request that LESSOR reimburse to LESSEE $46,269.75 of the security deposit if and when ▇▇▇▇▇▇'s net worth, calculated in case accordance with generally accepted accounting principles, equals or exceeds $5,500,000. Any such request shall be accompanied by appropriate financial statements and a certificate of Rent increases ▇▇▇▇▇▇'s chief financial officer to the effect that ▇▇▇▇▇▇'s net worth has increased as aforesaid. In the event at the time of such request LESSEE is not in terms of this Agreement, the Lessee shall immediately deposit to Lessor the amount that may be necessary in order for the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term of default under this Lease, provided that if Lessee complies with all the termsLESSOR shall release to LESSEE $46,269.75. Following any release of monies as aforesaid, covenants and conditions of this Lease, the Security Deposit (or any balance thereof) LESSEE shall be returned submit to Lessee not later than forty-five (45) calendar days after the delivery of possession of the entire Leased Property to Lessor in accordance with the terms of this Agreement. Additionally, during each year of the Term of this Agreement or at Lessor’s reasonable request in writing, the Lessee shall deliver to Lessor copy of the audited LESSOR quarterly financial statements of Lessee and/or on a continuing basis certified by ▇▇▇▇▇▇'s chief financial officer showing ▇▇▇▇▇▇'s net worth. In the Guarantor corresponding event LESSEE'S net worth at any time falls below $5,500,000, LESSEE shall thereupon become obligated, without notice from LESSOR, to forthwith increase the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due security deposit to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purpose$92,539.50.

Appears in 2 contracts

Sources: Commercial Lease (Maker Communications Inc), Commercial Lease (Maker Communications Inc)

Security Deposit. The Lessee states To secure the faithful performance by Tenant of all the covenants, conditions and agreements in this Sublease set forth and contained on the part of Tenant to be fulfilled, kept, observed and performed including, but not by way of limitation, such covenants and agreements in this Sublease which become applicable upon the termination of the same by re-entry or otherwise, Tenant has deposited with Landlord the Security Deposit as specified in Section 1(L) on the understanding that: (a) the Security Deposit or any portion thereof not previously applied, or from time to time, such one or more portions thereof, may be applied to the curing of any default that may then exist, without prejudice to any other remedy or remedies which Landlord may have on account thereof, and upon such application Tenant shall pay Landlord on demand the amount so applied which shall be added to the Security Deposit so the same may be restored to its Guarantor has executed original amount; (b) should the Guaranty Prime Lease be assigned by Landlord, the Security Deposit or any portion thereof not previously applied may be turned over to Landlord's assignee and if the same be turned over as aforesaid, Tenant hereby releases Landlord from any and all liability with respect to the LessorSecurity Deposit and/or its application or return; (c) if permitted by law, which guarantees Landlord or its successor shall not be obligated to hold the Security Deposit as a separate fund, but on the contrary may commingle the same with its other funds; (d) if Tenant shall faithfully fulfill, keep, perform and observe all of the obligations covenants, conditions and agreements in this Sublease set forth and contained on the Lessee part of Tenant to be fulfilled, kept, performed and observed, the sum deposited or the portion thereof not previously applied, shall be returned to Tenant without interest no later than thirty (30) days after the expiration of the Term of this Sublease or any renewal or extension thereof, provided Tenant has assumed vacated the Premises and surrendered possession thereof to Landlord at the expiration of the Term or any extension or renewal thereof as provided herein; (e) in the terms event that Landlord terminates this Sublease or Tenant's right to possession by reason of this Lease andan Event of Default by Tenant, upon signing this Agreement, Lessee shall deliver such Guaranty to the Lessor. Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any of its obligations under the Lease, Lessor Landlord may apply the Security Deposit on account against damages suffered to the date of such obligation or to reimburse Lessor for any sum that Lessor termination and/or may expend due to Lessee's default. If Lessor applies any part of the Security Deposit, Lessee, immediately after notice from Lessor, shall deposit with Lessor the amount so applied so that Lessor shall have the full Security Deposit available at all times during the Term of this Lease. Likewise, in case of Rent increases in terms of this Agreement, the Lessee shall immediately deposit to Lessor the amount that may be necessary in order for retain the Security Deposit to apply against such damages as may be equal to 2 suffered or shall accrue thereafter by reason of Tenant's default; (twof) months of current Rent at all times during in the Term of this Leaseevent any bankruptcy, provided that if Lessee complies with all the termsinsolvency, covenants and conditions of this Leasereorganization or other creditor-debtor proceedings shall be instituted by or against Tenant, or its successors or assigns, the Security Deposit (or any balance thereof) shall be returned deemed to Lessee not later than forty-five (45) calendar days after the delivery of possession of the entire Leased Property to Lessor in accordance with the terms of this Agreement. Additionally, during each year of the Term of this Agreement or at Lessor’s reasonable request in writing, the Lessee shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding be applied first to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that payment of any Rent due Landlord for all periods prior to the economic solvency institution of Lessee and/or such proceedings, and the Guarantor its necessary to improve and/or substitute the Guaranty and/or balance, if any, of the Security Deposit may be retained or paid to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit Landlord in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purposepartial liquidation of Landlord's damages.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement

Security Deposit. On execution of this Lease Tenant shall deposit with Landlord the sum specified in the Basic Lease Information (the "Deposit"). The Lessee states that its Guarantor has executed Deposit shall be held by Landlord as security for the Guaranty with the Lessor, which guarantees performance by Tenant of all of the obligations the Lessee has assumed in the terms of this Lease and, upon signing this Agreement, Lessee shall deliver such Guaranty to the Lessor. Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any of its obligations under the Lease, Lessor may apply the Security Deposit on account of such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security Deposit, Lessee, immediately after notice from Lessor, shall deposit with Lessor the amount so applied so that Lessor shall have the full Security Deposit available at all times during the Term provisions of this Lease. LikewiseFollowing an event of default by Tenant under this Lease, in case Landlord may use, apply or retain all or any portion of Rent increases in terms of this Agreement, the Lessee shall immediately deposit to Lessor the amount that may be necessary in order Deposit for the Security payment of any rent or other charge in default, or the payment of any other sum to which Landlord may become obligated by Tena▇▇'▇ ▇efault, or to compensate Landlord for any loss or damage which Landlord may suffer thereby. If Landlord so uses or applies all or any portion of the Deposit, then within 10 days after demand therefor Tenant shall deposit cash with Landlord in an amount sufficient to restore the Deposit to the full amount thereof, and Tenant's failure to do so shall be equal to 2 (two) months of current Rent at all times during the Term a material breach of this Lease. Tenant may satisfy its obligation to furnish the Deposit contemplated herein by delivery to Landlord, provided that if Lessee complies with all upon execution of the terms, covenants and conditions of this Lease, of an irrevocable, standby letter of credit or certificate of deposit in the Security amount of the Deposit (issued by the San Francisco office of a major national bank and in a form approved by Landlord. Land▇▇▇▇'▇ ▇pproval of such bank and the form of letter of credit or any balance thereof) certificate of deposit shall not be unreasonably withheld. All interest earned on such certificate shall accrue to the benefit of Tenant. If the term of the letter of credit or certificate of deposit expires prior to the expiration of the Lease and such letter or certificate is not renewed or replaced at least 60 days prior to its expiration, Landlord shall be returned entitled to Lessee not later than forty-five (45) calendar days after draw upon the delivery letter of possession credit or certificate of the entire Leased Property to Lessor in accordance with the terms of this Agreement. Additionally, during each year of the Term of this Agreement or at Lessor’s reasonable request in writing, the Lessee shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitutedeposit, as the case may be, and hold the Guaranty and/or proceeds thereof as the Security Deposit in accordance with Deposit. If Tena▇▇ ▇▇▇forms all of Tenant's obligations hereunder, the foregoing and within the 30 Deposit, or so much thereof as has not theretofore been applied by Landlord, shall be returned, without payment of interest for its use for amounts directly held by Landlord, to Tenant (thirty) days following or, at Land▇▇▇▇'▇ ▇ption, to the notification in writing delivered by Lessor for said purposelast assignee, if any, of Tena▇▇'▇ ▇nterest hereunder) at the expiration of the term hereof, and after Tenant has vacated the Premises. No trust relationship is created herein between Landlord and Tenant with respect to the Deposit.

Appears in 2 contracts

Sources: Net Office Tech Lease (Silicon Energy Corp), Net Office Tech Lease (Silicon Energy Corp)

Security Deposit. The Lessee states that its Guarantor has executed LANDLORD acknowledges the Guaranty with the Lessor, which guarantees all receipt from TENANT of the obligations sum of Two Hundred Fifty Dollars ($250.00) per bedroom as security for the Lessee has assumed payment of rent and performance and observance of the agreements and conditions in this lease contained on the part of TENANT to be performed and observed. In the event of any default or defaults in such payment, performance, or observance, LANDLORD may apply said sum or any part thereof toward the curing of such default or defaults and/or toward compensating LANDLORD for any loss or damage arising from such default or defaults. Upon the yielding up of the demised premises at the expiration or other termination of the term of the lease, if TENANT shall not be in default or otherwise liable to the LANDLORD, said sum or the unapplied balance thereof shall be returned to TENANT. It is understood and agreed that LANDLORD shall always have the right to apply said sum or any part thereof as aforesaid in the terms event of this Lease andany such default or defaults without prejudice to any other remedy or remedies which LANDLORD may have, upon signing this Agreement, Lessee or LANDLORD may pursue any other such remedy or remedies in lieu thereof. No interest shall deliver such Guaranty to the Lessor. Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreementbe payable on said sum or any part thereof. If Lessee does not fulfill any of its obligations under the Lease, Lessor may LANDLORD shall apply the Security Deposit on account of such obligation said sum or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security Depositthereof as aforesaid, Lessee, immediately after notice from Lessor, TENANT shall deposit with Lessor upon demand pay to LANDLORD the amount so applied by LANDLORD so that Lessor shall have as to restore the full Security Deposit available at all times during the Term of this Leasesecurity to its original amount. Likewise, in case of Rent increases in terms of this Agreement, the Lessee shall immediately deposit to Lessor the amount that may be necessary in order for the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term of this Lease, provided that if Lessee complies with all the terms, covenants and conditions of this Lease, the Security Deposit (or any balance thereof) shall be returned to Lessee not later than forty-five (45) calendar days after the delivery of possession of the entire Leased Property to Lessor in accordance with the terms of this Agreement. Additionally, during each year of the Term of this Agreement or at Lessor’s reasonable request in writing, the Lessee shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purpose.TENANT SHALL PROVIDE LANDLORD WITH TENANT’

Appears in 2 contracts

Sources: Residential Lease Agreement, Residential Lease Agreement

Security Deposit. The Lessor acknowledges that ▇▇▇▇▇▇ has established, or will prior to the Commencement Date establish, an unconditional, irrevocable letter of credit (“Letter of Credit”) for the benefit of Lessor in the sum of ninety-three thousand one hundred and eighty three dollars and thirty cents ($93,183.30) (hereinafter the “Security Deposit”) to secure performance of ▇▇▇▇▇▇’s obligations hereunder. As set forth herein, Lessor agrees (a) to transfer said Security Deposit to any purchaser of the Building of which the Leased Premises are a part, notify Lessee states of that pay over, and to provide Lessee with written acknowledgment by such purchaser subject to the terms of this Lease, provided (i) no Default of Lessee then exists and (ii) said Security Deposit has not been used to correct any default of Lessee, in which event only the balance remaining after Lessor has made itself whole shall be transferred to such purchaser; and (b) to pay to Lessee at the expiration or termination of this Lease said Security Deposit provided (i) no Default of Lessee then exists, (ii) said Security Deposit has not been transferred to a purchaser of the Building of which the Leased Premises are a part, and (iii) said Security Deposit has not been used to correct any Default of Lessee in which event only the balance remaining, if any, after Lessor has made itself whole shall be reimbursable to ▇▇▇▇▇▇. In the event that Lessor transfers its Guarantor has executed interest in the Guaranty with the Leased Premises, Lessee shall upon notice from and at no cost to Lessor, which guarantees all deliver to Lessor an amendment to the Letter of Credit or a replacement Letter of Credit naming ▇▇▇▇▇▇’s successor as the obligations the beneficiary thereof. Lessee has assumed agrees (x) said Security Deposit may be used by Lessor, in addition to any other remedy available under the terms of this Lease andor by law available to Lessor, upon signing to remedy any Default of Lessee, provided, however, Lessor shall be under no obligation to correct any such Default, and may at Lessor’s sole and exclusive election avail itself of any other remedy available under this AgreementLease or otherwise available at law or in equity, (y) in the event said Security Deposit is transferred to any purchaser of the Building of which the Leased Premises are a part, the Lessor who has transferred said Security Deposit shall be released and discharged from all liability of said deposit, and (z) in the event said Security Deposit or any part thereof is used by Lessor to remedy any Default of Lessee, Lessor shall be released and discharged from all liability for said Security Deposit or such portion thereof as Lessor may have used to correct Lessee’s Default. Lessor shall have no obligation to place this Security Deposit in an interest bearing account. (a) Lessee shall deliver is not in Default and (b) Lessee has received final FDA approval of Lessee’s Elipse® Gastric Balloon product (as evidenced by such Guaranty written documentation as Lessor may reasonably request to substantiate same) (the Lessor. Furthermore“Reduction Date”), Lessee shall deposit then the Security Deposit with shall be reduced to sixty-two thousand one hundred twenty-two dollars and twenty cents ($62,122.20), and Lessee shall have the right to terminate the existing Letter of Credit and establish a replacement Letter of Credit in such lower amount. The Lessor upon signing this Agreementacknowledges that the Letter of Credit is in form and substance reasonably satisfactory to Lessor and issued by a commercial bank reasonably acceptable to Lessor. If Lessee does not fulfill any of its obligations under the Lease, Lessor may apply the Security Deposit on account of such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security Deposit, Lessee, immediately after notice from Lessor, shall deposit with Lessor the amount so applied so that Lessor shall have the full Security Deposit available at all times during right to draw upon the Term Letter of this Lease. LikewiseCredit, in case whole or in part, only in the event of Rent increases in terms a Default. Lessor shall hold any and all balance of this Agreement, proceeds remaining after a draw on the Lessee shall immediately deposit to Letter of Credit as security for ▇▇▇▇▇▇’s performance of all its Lease obligations. If Lessor the amount that may be necessary in order for the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term of this Lease, provided that if Lessee complies with all the terms, covenants and conditions of conveys its interest under this Lease, the Security Deposit (Deposit, or any balance thereof) part not applied previously, may be turned over to the grantee in which case Lessee shall look solely to the grantee for the proper application and return of the Security Deposit. The Security Deposit and/or Letter of Credit or the remaining proceeds therefrom, as applicable, shall be returned to Lessee not later than forty-five within sixty (4560) calendar days after the delivery of possession end of the entire Leased Property to Lessor in accordance with the terms of this Agreement. Additionally, during each year of the Term of this Agreement or at Lessor’s reasonable request in writing, the Lessee shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purposeTerm.

Appears in 2 contracts

Sources: Lease Agreement (Allurion Technologies Holdings, Inc.), Lease Agreement (Allurion Technologies Holdings, Inc.)

Security Deposit. The Lessee states that its Guarantor has executed A security deposit in an aggregate amount that, when combined with any other security deposit held by COUNTY hereunder or under the Guaranty with Original Agreement, equals One Hundred Thousand Dollars ($100,000) shall be provided to COUNTY within ten (10) days after the LessorEffective Date. This amount shall be adjusted every three (3) years on January 1st as per the Cost Index, which guarantees all but in no case shall 1) the amount be less than $100,000 or 2) adjust by more than fifteen percent (15%) in any three year period. All or any portion of the obligations the Lessee has assumed in the terms principal sum shall be available unconditionally to Director of this Lease andOC WASTE & RECYCLING for correcting any default, upon signing this Agreement, Lessee shall deliver such Guaranty to the Lessor. Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any of its obligations under the Lease, Lessor may apply the Security Deposit on account of such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security Deposit, Lessee, immediately after notice from Lessor, shall deposit with Lessor the amount so applied so that Lessor shall have the full Security Deposit available at all times during the Term of this Lease. Likewise, in case of Rent increases in terms breach of this Agreement, or penalty or fine caused by the Lessee shall immediately deposit action or inaction of ▇▇▇▇▇▇▇▇ POWER, its successors or assigns, or for payment of expenses incurred by COUNTY as a result of the failure of ▇▇▇▇▇▇▇▇ POWER, its successors or assigns, to Lessor the amount that may be necessary in order for the Security Deposit to be equal to 2 (two) months of current Rent at perform all times during the Term of this Lease, provided that if Lessee complies with all the terms, covenants covenants, and conditions of this LeaseAgreement. In the event the Director of OC WASTE & RECYCLING withdraws any or all of the security deposit as provided herein, ▇▇▇▇▇▇▇▇ POWER shall, within thirty (30) days of notification of any withdrawal by Director of OC WASTE & RECYCLING, accompanied with an explanation as to why such withdrawal was warranted under this Agreement, replenish the Security Deposit (or security deposit to maintain it at the most current calculated amount including any balance thereof) and all Cost Index adjustments. Failure to do so shall be returned to Lessee not later than forty-five (45) calendar days after the delivery of possession of the entire Leased Property to Lessor in accordance with the terms deemed a default and shall be grounds for immediate termination of this Agreement. AdditionallySuch security deposit shall be in the form, during at the sole discretion of ▇▇▇▇▇▇▇▇ POWER, of either cash or an irrevocable letter of credit, which shall be in a form and issued by a financial institution acceptable to COUNTY. COUNTY acceptance of same shall not be unreasonably withheld, conditioned or delayed. The security deposit shall be rebated, reassigned, released, or endorsed by Director of OC WASTE & RECYCLING to ▇▇▇▇▇▇▇▇ POWER within thirty (30) days of the end of the term of this Agreement, provided ▇▇▇▇▇▇▇▇ POWER has fully performed each year and every material term, covenant, and condition of this Agreement. In the event ▇▇▇▇▇▇▇▇ POWER terminates this Agreement prior to the completion of the Term of this Agreement or at Lessor’s reasonable request in writing, ▇▇▇▇▇▇▇▇ POWER shall forfeit this security deposit and the Lessee COUNTY shall deliver have the right to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on retain it as an Early Termination Penalty unless such financial statements, reasonably and justifiably determines that termination is due to a default by the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 COUNTY (thirty) days following to the notification in writing delivered by Lessor for said purpose“Early Termination Fee’).

Appears in 2 contracts

Sources: Landfill Gas Rights & Production Facilities Agreement, Landfill Gas Rights & Production Facilities Agreement

Security Deposit. The Lessee states that its Guarantor has executed the Guaranty ▇▇▇▇▇▇, contemporaneously with the execution of this Lease, will deposit with Lessor forthwith the sum of Thirty Thousand and 00/100 Dollars ($30,000.00) which shall be treated as a security deposit and shall be held by Lessor, which guarantees without liability for interest as security for the faithful performance by Lessee of all of the obligations the Lessee has assumed in the terms terms, covenants, and conditions of this Lease andby said ▇▇▇▇▇▇ to be kept and performed during the term hereof (the “Security Deposit”). It is expressly understood that the Security Deposit does not apply toward rent, except that if at any time during the term of this Lease any of the rent herein reserved shall be overdue and unpaid, or any other sum payable by Lessee to Lessor hereunder shall be overdue and unpaid then Lessor may, at the option of Lessor (but Lessor shall not be required to), appropriate and apply any portion of the Security Deposit to the payment of any such overdue rent or other sum. In the event of the failure to keep and perform any of the terms, covenants, and conditions of this Lease to be kept and performed by ▇▇▇▇▇▇, then the Lessor at its option may, after terminating this Lease, appropriate and apply the Security Deposit or so much thereof as sustained or suffered by Lessor due to such breach on the part of Lessee. Should the entire Security Deposit, or any portion thereof, be appropriated and applied by Lessor for the payment of overdue rent or other sums due and payable to Lessor by Lessee hereunder, then ▇▇▇▇▇▇ shall, upon signing the written demand of Lessor forthwith remit to Lessor a sufficient amount in cash to restore the Security Deposit to the original sum deposited, and ▇▇▇▇▇▇’s failure to do so within five (5) days after receipt of such demand shall constitute a breach of this AgreementLease. Should Lessee comply with all of said terms, covenants, and conditions and promptly pay all of the rental herein provided for as it falls due, and all other sums payable by ▇▇▇▇▇▇ to Lessor hereunder, the Security Deposit shall be returned in full to Lessee at the end of the term of this Lease, or upon the earlier termination of this Lease. Lessor shall deliver such Guaranty the Security Deposit deposited hereunder by ▇▇▇▇▇▇ to the Lessorpurchaser of ▇▇▇▇▇▇’s interest in the Premises in the event that such interest is sold, and thereupon Lessor shall be discharged from any further liability with respect to such deposit. Furthermore, Lessee Lessor shall deposit be entitled to intermingle the Security Deposit with Lessor upon signing this Agreementits own funds. If Lessee does not fulfill any of its obligations under the Lease, Lessor may apply the The Security Deposit on account of such obligation shall not preclude the Lessor from recovering any additional rent or to reimburse Lessor for any sum that Lessor damage which may expend be due to Lessee's default. If Lessor applies any part of the Security Deposit, Lessee, immediately after notice from Lessor, shall deposit with Lessor the amount so applied so that Lessor shall have the full Security Deposit available at all times during the Term or sustained as a result of this Lease. Likewise, in case of Rent increases in terms of this Agreement, the Lessee shall immediately deposit to Lessor the amount that may be necessary in order for the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term of this Lease, provided that if Lessee complies with all the terms, covenants and conditions of this Lease, the Security Deposit (or any balance thereof) shall be returned to Lessee not later than forty-five (45) calendar days after the delivery of possession of the entire Leased Property to Lessor in accordance with the terms of this Agreement. Additionally, during each year of the Term of this Agreement or at Lessor’s reasonable request in writing, the Lessee shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purpose.

Appears in 2 contracts

Sources: Lease Agreement (Modern Mining Technology Corp.), Lease Agreement (Modern Mining Technology Corp.)

Security Deposit. The Lessee states that its Guarantor has executed the Guaranty Tenant, concurrently with the Lessor, which guarantees all of the obligations the Lessee has assumed in the terms of this Lease and, upon signing this Agreement, Lessee shall deliver such Guaranty to the Lessor. Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any of its obligations under the Lease, Lessor may apply the Security Deposit on account of such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security Deposit, Lessee, immediately after notice from Lessor, shall deposit with Lessor the amount so applied so that Lessor shall have the full Security Deposit available at all times during the Term of this Lease. Likewise, in case of Rent increases in terms of this Agreement, the Lessee shall immediately deposit to Lessor the amount that may be necessary in order for the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term execution of this Lease, provided that if Lessee complies has deposited with Landlord the sum shown under the Basic Leasing Information of this Lease as the “Security Deposit” (the “Security Deposit”), the receipt of which is hereby acknowledged by Landlord, which sum shall be retained by Landlord as security for the payment by Tenant of the Rent and all other payments herein agreed to be paid by Tenant, and for the faithful performance by Tenant of the terms, provisions, covenants and conditions of this Lease. It is agreed that Landlord, at Landlord’s option, may at the time of any default by Tenant under any of the terms, provisions, covenants or conditions of this Lease apply this sum or any part thereof towards the payment of the Rent and all other sums payable by Tenant under this Lease, and towards the performance of each and every one of Tenant’s covenants under this Lease, but such covenants and Tenant’s liability under this Lease shall thereby be discharged only pro tanto and Tenant shall remain liable for any amounts that the sum shall be insufficient to pay and, in addition, shall be obligated to immediately deposit with Landlord the amount necessary to increase the Security Deposit to its original amount; that Landlord may exhaust any and all rights and remedies against Tenant before resorting to this sum, but nothing herein contained shall require or be deemed to require Landlord to do so; that, in the event the Security Deposit shall not be utilized for any such purposes, then the Security Deposit shall be returned by Landlord to Tenant within the later of thirty (30) days next after the expiration of the Term of this Lease; or (ii) the determination and payment of the amounts due elsewhere under this Lease, including the determination and payment of the Additional Rent due under Paragraph 5 within the time period provided in Paragraph 5. Landlord shall not be required to pay Tenant any interest on the Security Deposit. In this connection, it is expressly understood and agreed that Landlord shall not be obligated to segregate the Security Deposit from any other funds or to hold same in escrow during the term of this Lease, or to pay any interest to Tenant in respect of the Security Deposit. On the contrary, Landlord shall have the absolute right, at any and all times during the term of this Lease, to commingle the Security Deposit with any of Landlord’s other funds, to utilize the Security Deposit at any time and for any purpose, to retain all interest and/or other proceeds and/or avails earned or accrued in respect of the Security Deposit, and otherwise to treat, use and dispose of the Security Deposit as if, for all purposes, the same were the absolute property of Landlord (it being understood, however, that nothing in the foregoing shall be deemed to relieve Landlord of its obligation to return the Security Deposit (or such portion thereof as shall not have been used and applied in the event of any balance thereofdefault by Tenant as described and in the manner set forth above) shall be returned to Lessee not later than forty-five (45) calendar days after Tenant at the delivery of possession expiration of the entire Leased Property to Lessor in accordance with the terms of this Agreement. Additionally, during each year of the Term of this Agreement or at Lessor’s reasonable request in writing, the Lessee shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purposeLease Term.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement (Omnicomm Systems Inc)

Security Deposit. The Lessee states that its Guarantor has executed will deposit with Lessor the Guaranty with sum of Eleven Thousand Dollars ($11,000.00) at the Lessor, which guarantees all time of the obligations the Lessee has assumed in the terms signing of this Lease andAgreement as security for the faithful performance and observance by Lessee of the terms, upon signing provisions, and conditions of this Agreement, Lease. It is agreed that in the event Lessee shall deliver such Guaranty defaults in respect to the Lessor. Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any of its obligations under the terms, provisions, and conditions of this Lease, including but not limited to, the payment of rent and additional rent, Lessor may apply use, apply, or retain the Security Deposit on account of such obligation whole or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security Deposit, Lessee, immediately after notice from Lessor, shall deposit with Lessor security so deposited to the amount so applied so that Lessor shall have extent required for the full Security Deposit available at all times during the Term payment of this Lease. Likewise, in case of Rent increases in terms of this Agreement, the any rent and additional rent or any other sum as to which Lessee shall immediately deposit to Lessor the amount that may expend or may be necessary required to expend by reason of Lessee's default in order for respect of any of the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term terms, covenants, and conditions of this Lease, provided including but not limited to, any damages or deficiency in the reletting of the Demised Premises after an event of default, whether such damages or deficiency accrued before or after summary proceedings or other re-entry by Lessor. Upon notice from Lessor that if sums have been so applied, Lessee complies shall within ten (10) days replenish the security deposit to its original amount. In the event that Lessee shall fully and faithfully comply with all of the termsterms provisions, covenants covenants, and conditions of this Lease, the Security Deposit (or any balance thereof) security shall be returned to Lessee not later than forty-five within thirty (4530) calendar days after the date fixed as the end of this Lease and after delivery of entire possession of the entire Leased Property Demised Premises to Lessor, without interest. In the event of a sale of the land and building, Lessor in accordance with shall have the right to transfer the security to the buyer thereof and Lessor shall thereupon be released by Lessee from all liability for the return of such security; and Lessee agrees to look to the new Lessor solely for the return of said security. It is agreed that the provisions hereof shall apply to every transfer of assignment made of the security to a new Lessor. Lessee further covenants that it will not assign or encumber or attempt to assign or encumber the monies deposited herein as security and that neither Lessor nor their successors or assigns shall be bound by any such assignment, encumbrance, attempted assignment, or attempted encumbrance. It is understood by Lessee that no part of the security is to be considered as any rental due under the terms of this Agreement. Additionally, during each year of the Term of this Agreement or at Lessor’s reasonable request in writing, the Lessee shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purposeLease.

Appears in 2 contracts

Sources: Lease Agreement (Pinnacle Foods Inc), Lease Agreement (Pinnacle Foods Inc)

Security Deposit. The Lessee states that its Guarantor has executed Resident shall pay to Lessor upon execution of this Contract the Guaranty with the Lessorsum of $ , which guarantees Lessor may deposit or save with its other funds or deposits from other Residents and which Lessor is to retain as security for the full and faithful performance by Resident of all the covenants, conditions, and agreements of this Contract. Lessor may, without further notice, apply the security deposit on any charges or on damages for the Resident’s failure to perform the said covenants, conditions, and agreements on this Contract, but in no event shall the Lessor be obligated to apply the security deposit in such manner. The Lessor’s right to possession of the obligations Premises for nonpayment of Rent or for any other reason shall not in any event be affected by reason of the Lessee has assumed in fact that the terms Lessor holds this security deposit. The security deposit shall accrue no interest payable to Resident. If the security deposit is not applied toward the payment of Rent, utilities, cleaning, damages, or court costs, including attorneys’ fees suffered by Lessor by reason of the Resident’s breach of the covenants, conditions, and agreements of this Lease andContract, upon signing this Agreementthe security deposit, Lessee or portions thereof, if any due, shall deliver such Guaranty be returned to Resident pursuant to Wyoming statutes. In no event is the said security deposit to be returned until and unless the Resident has fully performed the obligations hereunder and has vacated the Premises, and properly cleaned it and delivered the keys and possession to the Lessor. FurthermoreIf Resident vacates the Premises prior to the expiration of this Contract, Lessee shall deposit Resident agrees to pay Lessor, in addition to all other charges and liabilities provided herein, and in addition to and not in lieu of all rights and remedies of Lessor hereunder, liquidated damages equal to the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any greater of its obligations under the Lease, Lessor may apply the Security Deposit on account of such obligation fifty percent (50%) or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part two (2) month’s rent of the Security Deposit, Lessee, immediately after notice from remaining amounts due under Contract to cover the Lessor, shall deposit with ’s cost of advertising and re-renting the Premises and for the miscellaneous costs and inconveniences experienced by Lessor. Lessor and Resident agree that: (i) the amount so applied so that Lessor shall have the full Security Deposit available at all times during the Term of liquidated damages collectible under this Lease. Likewise, in case Contact constitutes a reasonable amount of Rent increases in terms of this Agreement, the Lessee shall immediately deposit to Lessor the amount that may be necessary in order for the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term of this Lease, provided that if Lessee complies with all the terms, covenants and conditions of this Lease, the Security Deposit (or any balance thereof) shall be returned to Lessee not later than forty-five (45) calendar days after the delivery of possession of the entire Leased Property to Lessor in accordance with the terms of this Agreement. Additionally, during each year of the Term of this Agreement or at Lessor’s reasonable request in writing, the Lessee shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered actual damages incurred by Lessor for said purposeallocated to administrative costs and expenses by reason of Resident’s default under this Contract; (ii) actual damages allocated to administrative costs and expenses occasioned by Resident’s default hereunder are difficult to determine; and (iii) such amounts are not the imposition of a penalty by Lessor.

Appears in 2 contracts

Sources: Residential Lease Agreement, Residential Lease Agreement

Security Deposit. The Lessee states that its Guarantor has executed the Guaranty ▇▇▇▇▇▇, contemporaneously with the Lessor, which guarantees all of the obligations the Lessee has assumed in the terms of this Lease and, upon signing this Agreement, Lessee shall deliver such Guaranty to the Lessor. Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any of its obligations under the Lease, Lessor may apply the Security Deposit on account of such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security Deposit, Lessee, immediately after notice from Lessor, shall deposit with Lessor the amount so applied so that Lessor shall have the full Security Deposit available at all times during the Term of this Lease. Likewise, in case of Rent increases in terms of this Agreement, the Lessee shall immediately deposit to Lessor the amount that may be necessary in order for the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term execution of this Lease, provided that if Lessee complies has deposited with Landlord to secure the faithful performance by Tenant of all the covenants, conditions and agreements in this Lease set forth, and contained on the part of Tenant to be fulfilled, kept, observed and performed, such sum as set forth in Section 1.1 as a Security Deposit. Said deposit shall be held by ▇▇▇▇▇▇▇▇, without liability for interest, as security for the faithful performance by Tenant of all the terms, covenants and conditions of this Lease, and Landlord may commingle the same with its other funds. Such interest, if any, may be retained as property of the Landlord, and will not be paid to the Tenant. Such Security Deposit or any portion thereof not previously applied may be applied to the curing of any default that may then exist under this Lease, without prejudice to any other remedy or remedies which Landlord may have on account thereof, and upon such application, Tenant shall pay Landlord on demand the amount so applied which shall be added to the Security Deposit (so that the same may be restored to its original amount. In the event the Leased Premises are conveyed by Landlord, the deposit or any balance thereof) portion thereof not previously applied may be turned over to Landlord’s grantee or successor, and in such event Tenant hereby releases Landlord from any and all liability with respect to the deposit and/or application or return and Tenant agrees to look to such grantee for such application or return. In the event Tenant shall faithfully fulfill, keep, perform and observe all the covenants, conditions and agreements in this Lease set forth and contained on the part of Tenant to be fulfilled, the sum deposited or the part or portion thereof not previously applied shall be returned to Lessee not Tenant, without interest, no later than forty-five thirty (4530) calendar days after the delivery of possession of the entire Leased Property to Lessor in accordance with the terms of this Agreement. Additionally, during each year expiration of the Term of this Agreement Lease or any renewal or extension thereof, provided Tenant has vacated the Leased Premises and surrendered possession thereof to Landlord at Lessor’s reasonable request in writingthe expiration of said Term or any renewal thereof as provided herein. Landlord has caused the necessary mains, conduits and other facilities to be provided to supply water, sewer, gas and electricity to the Shopping Center. Landlord shall provide gas service and facilities to Tenant, however, the Lessee shall deliver same being the sole responsibility of Tenant. ▇▇▇▇▇▇ agrees to Lessor copy have all utility services transferred into ▇▇▇▇▇▇’s name on the Possession Date. If ▇▇▇▇▇▇ has not had any or all of the audited financial statements of Lessee and/or utilities transferred on the Guarantor corresponding Possession Date, then ▇▇▇▇▇▇ agrees to the preceding year. Provided that if Lessorpay Landlord, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreementdemand, the Lessee actual cost paid by Landlord for such utilities, together with an administrative charge of One Hundred Fifty and no/100 Dollars ($150.00) for each such payment. Tenant shall improve and/or substitutepay for all electricity used in the Leased Premises and all water and sewer charges, and gas charges, if applicable, at its own cost and expense. In the event Landlord, who shall have the option to do so, shall elect to supply any one or more or all of said services, Tenant shall purchase the use of said services as are tendered by Landlord and shall pay the case rates, including any established minimum charges, established by Landlord for such services, but the rate shall be no more than those charged by the public utility furnishing such services in the area. The charges for such services as are so furnished shall be deemed Additional Rent due and payable on the first day of the calendar month following rendition of a bill therefor. Landlord may bediscontinue furnishing such services if payment for same is not received by Landlord upon not less than five (5) days written notice, and no such discontinuation shall be deemed an eviction or render Landlord liable to Tenant for damages or relieve Tenant from performance of its obligations hereunder. In the event Landlord shall elect to furnish one or more of such services, from time to time, Landlord shall not be liable to Tenant in damages or otherwise if any one or more of said services is interrupted or terminated because of necessary repairs, installations, improvements or any cause beyond the control of Landlord. In any event, Landlord may cease to furnish any one or more of such services without any responsibility to Tenant, except to connect the service facilities with such other sources of supply as may be available for the services so discontinued. Tenant will not install any equipment which will exceed or overload the capacity of any utility facilities servicing the Leased Premises and if any equipment installed by Tenant shall require additional utility facilities, the Guaranty and/or the Security Deposit same shall be installed and maintained at Tenant’s expense in accordance with the foregoing plans and within the 30 (thirty) days following specifications to the notification be approved in writing delivered by Lessor Landlord. In the event the Leased Premises are not separately metered for said purposewater and Tenant’s use requires an excessive volume of water, at Landlord’s discretion, a sub-meter will be installed at the Leased Premises at Tenant’s expense.

Appears in 2 contracts

Sources: Master Condominium Shopping Center Lease Agreement, Master Condominium Shopping Center Lease Agreement

Security Deposit. The Lessee states that its Guarantor has executed the Guaranty with the Lessor, which guarantees all Pursuant to Section 4.2 of the obligations the Lessee has assumed in the terms of this Lease and, upon signing this Agreement, Lessee shall deliver such Guaranty to the Lessor. Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any of its obligations under the Lease, Lessor may apply the Security Deposit on account of such obligation or to reimburse Lessor for any sum LESSEE agrees that Lessor may expend due to Lessee's default. If Lessor applies any part of a non- interest bearing security deposit equal shall be paid to, and retained by, the Security Deposit, Lessee, immediately after notice from Lessor, shall deposit with Lessor the amount so applied so that Lessor shall have the full Security Deposit available at all times CITY during the Term term of this Lease. Likewise, in case Agreement as security for the faithful performance by the LESSEE of Rent increases in all the terms and conditions of this Agreement, the Lessee shall immediately deposit to Lessor the amount that may be necessary and, except as provided for in order for the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term of this LeaseAgreement, provided that if Lessee complies with all the terms, covenants and conditions of this Lease, the Security Deposit (or any balance thereof) shall be returned to Lessee not later than forty-five (45) calendar days after the delivery of possession of LESSEE at such time as the entire Leased Property to Lessor LESSEE peacefully vacates the PREMISES in accordance with the terms of this Agreement. AdditionallyWhether or not prior notice has been given to the LESSEE concerning (a) dockage fees which have become delinquent and/or delinquent charges at any time after any dockage fees are more than forty-five (45) days overdue; (b) the cost of repairs required as a result of any damage or loss of CITY property caused by the LESSEE, during each year the vessel, its crew, or its guests or passengers; (c) the cost of removing any personal property left at any facility after LESSEE vacates the PREMISES; (d) the cost of removing any equipment or fixtures installed by the LESSEE which is not removed by the LESSEE prior to vacation of the Term PREMISES, and restoring the facility to its condition prior to the LESSEE's use of the PREMISES; and (e) any other reason provided for in this Agreement. After utilization of all, or any portion of the security deposit, the CITY may give notice to the LESSEE, who shall have ten (10) days in which to fully replenish the security deposit. Failure of replenish the security deposit within the time required herein shall cause this Agreement to automatically terminate. In no event shall the CITY be required or at Lessor’s reasonable request in writingobligated to return the security deposit, or any portion thereof if the Lessee shall deliver CITY institutes legal proceedings to Lessor copy of evict the audited financial statements of Lessee and/or LESSEE from the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purposePREMISES.

Appears in 1 contract

Sources: Lease Agreement

Security Deposit. The Lessee states that its Guarantor has executed (a) Upon execution of this Lease, Tenant shall deliver to Landlord the Guaranty with the Lessor, which guarantees Letter of Credit described below as security for Tenant's performance of all of Tenant's covenants and obligations under this Lease; provided, however, that neither the obligations Letter of Credit nor any Letter of Credit Proceeds (as defined below) shall be deemed an advance rent deposit or an advance payment of any other kind, or a measure of Landlord's damages upon Tenant's default. Provided that the Lessee Letter of Credit has assumed not previously been reduced to zero pursuant to subparagraph (b) below, then the Letter of Credit shall be maintained in effect from the terms date hereof through the date that is sixty (60) days after the tenth (10th) anniversary of the Term Commencement Date; provided however, at any time during the Term, Tenant may deliver to Landlord a substitute Letter of Credit satisfying the conditions hereof, in which event, Landlord shall promptly return the previously delivered Letter of Credit to Tenant. Landlord shall not be required to segregate the Letter of Credit Proceeds from its other funds, and in no event shall Letter of Credit Proceeds or any portion thereof be deemed to be held in trust for Tenant. No interest shall accrue or be payable to Tenant with respect to the Letter of Credit Proceeds. Landlord may (but shall not be required to) draw upon the Letter of Credit and use the proceeds therefrom (the "Letter of Credit Proceeds") or any portion thereof to cure any Event of Default under this Lease and, upon signing this Agreement, Lessee shall deliver such Guaranty or to the Lessor. Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill compensate Landlord for any damage Landlord incurs as a result of Tenant's failure to perform any of its obligations under hereunder, it being understood that any use of the LeaseLetter of Credit Proceeds shall not constitute a bar or defense to any of Landlord's remedies set forth in herein. In such event and upon written notice from Landlord to Tenant specifying the amount of the Letter of Credit Proceeds so utilized by Landlord and the particular purpose for which such amount was applied, Lessor may apply Tenant shall immediately deliver to Landlord an amended Letter of Credit or a replacement Letter of Credit in an amount equal to one hundred percent (100%) of the Security Deposit on account amount specified below. Tenant's failure to deliver such replacement Letter of such obligation or Credit to reimburse Lessor for any sum that Lessor may expend due to LesseeLandlord within five (5) business days of Landlord's defaultnotice shall constitute an Event of Default hereunder. If Lessor applies any part Tenant is not in default at the expiration of the Security Deposittenth (10th) anniversary of the Term Commencement Date, Lesseeand provided that the Letter of Credit has not previously been reduced to zero pursuant to subparagraph (b) below, immediately after notice from Lessorthen Landlord shall promptly return to Tenant the Letter of Credit or the balance of the Letter of Credit Proceeds then held by Landlord; provided, however, that in no event shall any such return be construed as an admission by Landlord that Tenant has performed all of its obligations hereunder. No mortgagee of Landlord, nor any purchaser at any judicial or private foreclosure sale of the Premises or any portion thereof, shall deposit with Lessor the amount so applied so that Lessor be responsible to Tenant for such Letter of Credit or any Letter of Credit Proceeds unless such holder or purchaser shall have actually received the full Security Deposit available same. (b) As used herein, Letter of Credit shall mean an unconditional, irrevocable letter of credit (hereinafter referred to as the "Letter of Credit") issued by a major national bank satisfactory to Landlord in its sole and absolute discretion (the "Bank"), drawings under which may be made at all times during an office of the Bank located in San Francisco, California, naming Landlord as beneficiary, in the amounts set forth below, and otherwise in form and substance satisfactory to Landlord. The amount of the Letter of Credit shall initially be One Million Six Hundred Thousand Dollars ($1,600,000) and shall decline on each anniversary of the Term Commencement Date through and including the seventh (7th) anniversary of this Lease. Likewise, in case of Rent increases in terms of this Agreement, the Lessee shall immediately deposit to Lessor the amount that may be necessary in order for the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term Commencement Date by the sum of this LeaseTwo Hundred Twenty-Eight Thousand Five Hundred Seventy-One and 43/100 Dollars ($228,571.43). Notwithstanding the foregoing, if an Event of Default (or an event or condition which, with the giving of notice or the passage of time, or both, would constitute an Event of Default hereunder (a "Potential Default")) shall be occurring on any such anniversary date, then Tenant's right to reduce the Letter of Credit on such anniversary date shall lapse, but Tenant shall retain the right to reduce the Letter of Credit on the next succeeding anniversary date, provided that if Lessee complies with all no Event of Default or Potential Default is occurring on such succeeding anniversary date. The Letter of Credit shall be maintained in said amounts for so long as the termsLetter of Credit is required to be maintained pursuant to subparagraph (a), covenants above. The Letter of Credit shall be for an initial term of not less than one year, shall be automatically renewed as provided below, and conditions shall provide: (i) that Landlord may make partial and multiple draws thereunder, up to the face amount thereof, (ii) that Landlord may draw upon the Letter of Credit up to the full amount thereof, as determined by Landlord, and the Bank will pay to Landlord the amount of such draw upon receipt by the Bank of a sight draft signed by Landlord and accompanied by a written certification from Landlord to the Bank stating either: (A) that a breach of this Lease has occurred and is continuing under this Lease or (B) that Landlord has received notice from the Bank that the Letter of Credit will not be renewed by the Bank for at least one year beyond the then applicable expiration date; and (iii) that, in the event of Landlord's assignment or other transfer of its interest in this Lease, the Security Deposit (or any balance thereof) Letter of Credit shall be returned freely transferable by Landlord, without charge and without recourse, to Lessee the assignee or transferee of such interest and the Bank shall confirm the same to Landlord and such assignee or transferee. The Letter of Credit shall further provide that it will be deemed automatically renewed without an amendment for a period of not later less than forty-five one year unless at least thirty (4530) calendar days after prior to the delivery expiration date the Bank notifies Landlord in writing that the Bank elects not to renew the Letter of possession of the entire Leased Property to Lessor Credit, whereupon Landlord shall be authorized in accordance with clause (ii)(B) above to draw upon the terms Letter of Credit. In the event that the Bank shall have notified Landlord that the Letter of Credit will not be renewed for at least one year beyond the then applicable expiration date, then Landlord shall be entitled to draw on the Letter of Credit as provided above, and shall hold the proceeds of such draw as Letter of Credit Proceeds pursuant to subparagraph (a) above, provided that such drawing shall not constitute a waiver of Landlord's right to declare a default under this Agreement. Additionally, during each year of the Term of this Agreement or at Lessor’s reasonable request in writing, the Lessee shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purposeLease.

Appears in 1 contract

Sources: Office Building Lease (Actuate Corp)

Security Deposit. The Lessee states that its Guarantor has executed a) A sum @10% of the Guaranty gross amount of the bill shall be deducted from each running bill of contractor till the sum along with the Lessorsum already deposited as ▇▇▇▇▇▇▇ money, which guarantees all will amount to security deposit of 5% of the obligations tendered value of the Lessee has assumed work. In addition, the contractor shall be required to deposit an amount equal to 5% of the tendered value of the contract as Performance Security within period prescribed for commencement of work in the letter of award issued to him. b) In case a fixed deposit receipt of any scheduled bank is furnished by the contractor to the Employer as part of the security deposit and the bank goes into liquidation or for any reason is unable to make payment against the said fixed deposit receipt, the loss caused thereby shall fall on the contractor and the contractor shall forthwith on demand furnish additional security to the Employer to make good the deficit of such sum from the running bill as mentioned above. Such deductions will be held by the Employer by way of security deposit, provided always that the Employer for this purpose shall be entitled to recover the said percentage of the amount from each running bill till the balance of the amount of security deposit is realized, All compensation or the others sums of money payable by the contractor under the terms of this Lease and, upon signing this Agreement, Lessee shall deliver such Guaranty contract may be deducted from the security deposit or from the interest arising therefrom or form any sums which may be due to or may become due to the Lessorcontractor by the Employer on any account whatsoever and in the event of his security deposit being reduced by reason of any such deductions aforesaid, the contractor shall within ten days make good in cash or further fixed deposit receipt pledged in favour of the Employer. Furthermore, Lessee The security deposit shall deposit be collected from the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any running bills of its obligations under the Lease, Lessor may apply contractor at rates mentioned above and the Security Deposit on account ▇▇▇▇▇▇▇ money if deposited at the time of such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any tenders will be treated as part of the Security Depositsecurity deposit. c) The contractor if he so desires may furnish fixed deposit receipt in advance towards the security deposit. Such fixed deposit receipt shall be of a minimum value of 25,000/- each (The last such fixed deposit receipt could be of a lower value on the basis of the amount). In case any recovery is affected from running account bills, Lessee, immediately after notice from Lessor, such recovered amount shall not be replaced with fixed deposit with Lessor receipt. It is in the amount so applied so that Lessor contractor's interest to keep a watch about the adequacy of the fixed deposit receipt submitted. d) No partial refund of security deposit shall have the full Security Deposit available at all times be made during the Term defect liability period. In case the final bill is not settled within stipulated period for reasons beyond control and the Employer is satisfied that the security deposit is not required for adjustment of Employer dues or whatsoever dues either in this Leaseor any other contract then this security deposit either in full or in part could be refunded at the sole discretion of the Employer. LikewiseHowever, in release of security deposit would be only after written clearance of Labour Officer regarding no dues or claims is received. e) In case of Rent increases in terms termination of contract, this Agreement, the Lessee shall immediately security deposit to Lessor the amount that may be necessary in order for the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term of this Lease, provided that if Lessee complies with all the terms, covenants and conditions of this Lease, the Security Deposit (or any balance thereof) shall be returned forfeited and amount necessary to Lessee not later than forty-five (45) calendar days after the delivery of possession of the entire Leased Property to Lessor in accordance with the terms of make up this Agreement. Additionally, during each year of the Term of this Agreement or at Lessor’s reasonable request in writing, the Lessee amount shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that be recovered from money due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from contractor under this Agreementcontract, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance or any other contract with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purposeEmployer.

Appears in 1 contract

Sources: General Conditions of Contract

Security Deposit. The Lessee states that its Guarantor has executed the Guaranty Tenant contemporaneously with the Lessorexecution of' this Lease, has deposited with Landlord the sum of $1,995.00 receipt of which guarantees is hereby acknowledged by Landlord, said deposit being given to secure it faithful performance by the Tenant of all of the obligations the Lessee has assumed in the terms terms, covenants and conditions of this Lease andby the Tenant to be kept and performed during the term hereof. The Tenant agrees that if the Tenant shall fail to pay the rent herein reserved, upon signing this Agreementpromptly when due, Lessee said deposit may, at the option of the Landlord (but Landlord shall deliver such Guaranty not be required to), be applied to any rent due and unpaid, and if the Lessor. Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill Tenant violates any of its obligations under the Lease, Lessor may apply the Security Deposit on account of such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security Deposit, Lessee, immediately after notice from Lessor, shall deposit with Lessor the amount so applied so that Lessor shall have the full Security Deposit available at all times during the Term of this Lease. Likewise, in case of Rent increases in terms of this Agreement, the Lessee shall immediately deposit to Lessor the amount that may be necessary in order for the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term of this Lease, provided that if Lessee complies with all the other terms, covenants and conditions of this Lease, said deposit shall be applied to any damages suffered by Landlord as a result, of Tenant's default to the Security Deposit (extent. of the amount of the damages suffered. Nothing contained in this paragraph shall in any way diminish or be construed as waiving any balance thereof) of the Landlords other remedies as provided herein, or by law, and shall be applied by Landlord for the payment of overdue rent or other sums due and payable to Landlord by Tenant hereunder then Tenant shall, on the written demand of Landlord, forthwith remit to Landlord a sufficient amount in cash to restore said security deposit to its original amount, and Tenant’s failure to do so within fifteen days after receipt of such demand, shall constitute a breach of this Lease. Should Tenant comply with all of the terms, covenants and conditions of this Lease and promptly pay all of the rental herein provided for as it fails due, and all other sums payable by Tenant to Landlord hereunder, said security deposit shall be returned in full to Lessee not later than forty-five (45) calendar days after Tenant at the delivery of possession end of the entire Leased Property to Lessor in accordance with the terms term of this Agreement. AdditionallyLease, during each year or upon the earlier termination of this Lease pursuant to the provisions hereof, except in the event that the demised premises are sold as a result of the Term exercise of any power of sale under any mortgage or deed of trust, in which event this Agreement or at Lessor’s reasonable request in writingLease shall be automatically amended to delete any reference to this paragraph, and Tenant shall be entitled to immediate reimbursement of its security deposit from the Lessee shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for party then holding said purposedeposit.

Appears in 1 contract

Sources: Commercial Lease Agreement (Sport Endurance, Inc.)

Security Deposit. The Lessee states that its Guarantor has executed In the Guaranty with the Lessor, which guarantees all event of the obligations insolvency of Lessee, or in the event of the entry of a judgment in any court against Lessee which is not discharged within thirty (30) days after entry, or in the event a petition is filed by or against Lessee under any chapter of the bankruptcy laws of the State of New Jersey or the United States of America, then in such event, Lessor may require the Lessee has assumed in the terms of this Lease and, upon signing this Agreement, Lessee shall deliver such Guaranty to the Lessor. Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any in an amount which in Lessor's sole judgment would be sufficient to adequately assure Lessee's performance of all of its obligations under this Lease including all payments subsequently accruing. Failure of Lessee to deposit the Lease, Lessor may apply the Security Deposit on account security required by this Article 16 within ten (10) days after Lessor's written demand shall constitute a material breach of such obligation or to reimburse Lessor for any sum that Lessor may expend due to this Lease by Lessee's default. If Lessor applies any part of the said Security Deposit, Deposit to cure any default of Lessee, immediately after notice from LessorLessee shall, shall on demand, deposit with Lessor the amount so applied so that Lessor shall have the full Security Deposit available on hand at all times during the Term of this Lease. LikewiseIn the event of a bona fide sale, in case of Rent increases in terms of subject to this AgreementLease, Lessor shall have the Lessee shall immediately deposit right to Lessor the amount that may be necessary in order for transfer the Security Deposit to the vendee, and Lessor shall be equal considered released by Lessee from all liability for the return of the Security Deposit; and lessee agrees to 2 (two) months look solely to the new lessor for the return of current Rent at all times during the Term Security Deposit, and it is agreed that this shall apply to every transfer or assignment made of the Security Deposit to the new lessor. Provided this Lease, provided that if Lessee complies with all the terms, covenants and conditions of this LeaseLease is not in default, the Security Deposit (less any portions thereof used, applied or any balance thereof) retained by Lessor in accordance with the provisions of this Article 16), shall be returned to Lessee not later than forty-five (45) calendar days after the expiration or sooner termination of this Lease and after delivery of possession of the entire Leased Property Premises to Lessor in accordance with the provisions of this Lease. Lessee covenants that it will not assign or encumber or attempt to assign or encumber the Security Deposit and Lessor shall not be bound by any such assignment, encumbrance or attempt thereof. Lessee may deliver to Lessor, in lieu of the cash deposit set forth in this Article an irrevocable negotiable letter of credit in the form and amount set forth in Paragraph 16 of the Preamble. Said letter of credit shall be for a term of not less than 1 year and shall be renewed by Lessee (without notice from Lessor) no later than 45 days prior to its expiration, and the expiration of each replacement thereof, until Lessor shall be required to return the security to Lessee pursuant to the terms of this Agreement. Additionallylease but in no event earlier than 90 days after the Expiration Date, during and each year such renewed letter of credit shall be delivered to Lessor no later than 45 days prior to the expiration of the Term letter of credit then held by Lessor. If any portion of the security deposit shall be utilized by Lessor in the manner permitted by this lease, Lessee shall, within 5 days after request by Lessor, replenish the security account by depositing with Lessor, in cash or by letter of credit, an amount equal to that utilized by Lessor. Failure of Lessee to comply strictly with the provisions of this Agreement or at Lessor’s reasonable request in writingArticle shall constitute a material breach of this lease and Lessor shall be entitled to present the letter of credit then held by it for payment (without notice to Lessee). If the cash security is converted into a letter of credit, the provisions with respect to letters of credit shall apply (with the necessary changes in points of detail) to such letter of credit deposit. In the event of a bank failure or insolvency affecting the letter of credit, Lessee shall deliver replace same within 20 days after being requested to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if do so by Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purpose.

Appears in 1 contract

Sources: Assignment and Assumption of Lease (Medicines Co/ Ma)

Security Deposit. The Lessee states that its Guarantor has executed the Guaranty with the Lessor, which guarantees all Within three (3) business days of the obligations the Lessee has assumed in the terms execution of this Lease andSublease, upon signing this Agreement, Lessee Subtenant shall deliver such Guaranty to Sublandlord Twenty Five Thousand and 00/100 Dollars ($25,000.00) (“Deposit”). If Subtenant defaults with respect to any provision of this Sublease beyond any applicable notice and cure period, including but not limited to the Lessor. Furthermoreprovisions relating to the payment of Rent, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any of its obligations under the LeaseSublandlord may, Lessor may in Sublandlord’s discretion, use, apply the Security Deposit on account of such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies retain all or any part of the Security Deposit for the payment of any Rent, or any other sum in default beyond any applicable notice and cure period, or for the payment of any other amount which Sublandlord may spend or become obligated to spend by reason of Subtenant’s default beyond any applicable notice and cure period, or to compensate Sublandlord for any other loss or damage which Sublandlord may suffer by reason of Subtenant’s default beyond any applicable notice and cure period. If any portion of the Deposit is so used, applied, or retained, Subtenant shall within ten (10) business days after written demand deposit funds with Sublandlord in an amount sufficient to restore the Deposit to its original amount. Sublandlord shall not be required to keep the Deposit separate from its general funds, and Subtenant shall not be entitled to interest on the Deposit, Lessee, immediately after notice from Lessor, . The Deposit shall deposit with Lessor not be deemed a limitation on Sublandlord’s damages or a payment of liquidated damages or a payment of the amount so applied so that Lessor shall have Rent due for the full Security Deposit available at all times during last month of the Term (as may be extended). Sublandlord may deliver the Deposit to the purchaser of the Premises if the Premises are sold, and after such time, Sublandlord will have no further liability to Subtenant with respect to the Deposit. Within the earlier of (a) three (3) business days subsequent to Sublandlord’s inspection of the Premises upon the expiration or earlier termination of this Lease. LikewiseSublease, in case of Rent increases in terms of this Agreement, the Lessee shall immediately deposit to Lessor the amount that may be necessary in order for the Security Deposit to be equal to 2 and (twob) months of current Rent at all times during the Term of this Lease, provided that if Lessee complies with all the terms, covenants and conditions of this Lease, the Security Deposit ten (or any balance thereof10) shall be returned to Lessee not later than forty-five (45) calendar business days after the delivery expiration or earlier termination of possession this Sublease, any portion of the entire Leased Property Deposit which is not used, applied or retained as set forth hereunder shall be remitted to Lessor in accordance with the terms of this Agreement. Additionally, during each year of the Term of this Agreement or at Lessor’s reasonable request in writing, the Lessee shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purposeSubtenant.

Appears in 1 contract

Sources: Asset Purchase Agreement (Medicine Man Technologies, Inc.)

Security Deposit. The Lessee states that its Guarantor has executed Upon execution of this Contract, LESSEE shall provide LESSOR with a security deposit in cash in an amount specified in Annex "A" to answer and stand as security for the Guaranty with the Lessor, which guarantees proper and due performance of all of the LESSEE's obligations the Lessee has assumed in the terms under this Contract. The existence of this Lease andsuch security, upon signing this Agreementhowever, Lessee shall deliver such Guaranty to the Lessor. Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill and shall not excuse LESSEE's non-payment of rent or of any of its obligations under the Lease, Lessor may apply the Security Deposit on account of such obligation or to reimburse Lessor for any other sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security Deposit, Lessee, immediately after notice from Lessor, shall deposit with Lessor the amount so applied so that Lessor shall have the full Security Deposit available at all times during the Term of this Lease. Likewise, in case of Rent increases in terms of this Agreement, the Lessee shall immediately deposit to Lessor the amount that may be necessary in order for the Security Deposit required to be equal to 2 (two) months of current Rent at all times during paid hereunder on the Term of this Lease, provided that if Lessee complies with all the terms, covenants and conditions of this Lease, the Security Deposit (due date specified therefor. The security deposit or any balance thereof) thereof shall be returned to Lessee not later than forty-five LESSEE, without interest, within sixty (4560) calendar days after the expiration of the term of this lease, and after LESSEE shall have completely and satisfactorily vacated and delivered, the Leased Premises to LESSOR, less whatever amounts LESSEE may owe LESSOR or which LESSOR may apply against the security deposit as provided hereunder. It shall be understood, however, that the application of the security deposit against any unpaid obligations of LESSEE shall be effected only at the termination of the lease. LESSOR shall, notwithstanding the delivery of possession the Leased Premises to LESSOR by LESSEE, have the right to withhold any portion of the entire security deposit until LESSOR shall have received statements of account from utility companies supplying telephone, water, electric power or public utility services to the Leased Property Premises, covering the period ending on the date LESSEE shall have completely vacated and delivered the Leased Premises to Lessor LESSOR. The amount withheld shall answer for such payment and the remaining amount shall be returned to LESSEE without interest. Likewise, should LESSEE have any other obligation which remains due and unpaid under any other contract with LESSOR, LESSOR shall have the right to apply the amount of these unpaid obligations against the security deposit in accordance with settlement thereof, upon the terms of this Agreement. Additionally, during each year termination of the Term of this Agreement or at Lessor’s reasonable request in writing, the Lessee shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purposelease.

Appears in 1 contract

Sources: Lease Agreement (Epixtar Corp)

Security Deposit. The Lessee states that its Guarantor has executed the Guaranty with the Lessor, which guarantees all of the obligations the Lessee has assumed in the terms of this Lease and, upon signing this Agreement, Lessee shall deliver such Guaranty to the Lessor. Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreementexecution hereof NINE THOUSAND EIGHT HUNDRED AND NO/100 DOLLARS ($9,800.00) as security for Lessee's faithful ▇▇▇▇▇▇mance of Lessee's obligatio▇▇ ▇▇reunder. If Lessee does not fulfill fails to pay rent or other charges due hereunder, or otherwise defaults with respect to any provision of its obligations under the Lease, Lessor may apply use, apply, or retain all or any portion of said deposit for the Security Deposit on account payment of such obligation any rent or to reimburse other charge in default or for the payment of any other sum for which Lessor may become obligated by reason of Lessee's default, ▇▇ ▇o compensate Lessor for any sum that loss or damage which Lessor may expend due to Lessee's defaultsuffer thereby. If Lessor so uses or applies all or any part portion of the Security Depositsaid deposit, Lessee, immediately Lessee shall within ten (10) days after notice from Lessor, shall written demand therefor deposit cash with Lessor the in an amount so applied so that Lessor shall have sufficient to restore said deposit to the full Security Deposit available at all times during the Term amount hereinabove stated, and Lessee's failure ▇▇ ▇▇ so shall be a material breach of this Lease. LikewiseLessor shall not be required to keep said deposit separate from its general accounts. If Lessee performs ▇▇▇ ▇▇ Lessee's obligati▇▇▇ ▇▇reunder, in case of Rent increases in terms of this Agreementsaid deposit, the Lessee shall immediately deposit to Lessor the amount that may be necessary in order for the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term of this Leaseor so much thereof as has not theretofore been applied by Lessor, provided that if Lessee complies with all the terms, covenants and conditions of this Lease, the Security Deposit (or any balance thereof) shall be returned r▇▇▇▇▇▇d, without payment of interest or other increment for its use, to Lessee not later than forty-five (45or, at Lessor's option, to the last assignee, if any, of Lessee's interest ▇▇▇▇▇nder) calendar days after at the delivery of possession of the entire Leased Property to Lessor in accordance with the terms of this Agreement. Additionally, during each year expiration of the Term and after Lessee has vacated ▇▇▇ Premises. Any mortgagee of this Agreement or at Lessor’s reasonable request in writing, the Lessee shall deliver to Lessor copy purchaser of the audited financial statements Project, or beneficiary of Lessee and/or a deed of trust shall be relieved and released from any obligation to return said deposit in the Guarantor corresponding event such mortgagee, beneficiary of deed of trust or purchaser becomes the owner of the Project by reason of foreclosure or trustee's sale (including deed in lieu thereof) or proceeding in lieu of foreclosure or trustees sale unless said deposit shall have been actually delivered so such mortgagee, beneficiary of deed of trust or purchaser. Such release, however, shall not relieve the person or entity who owned the Project immediately prior to the preceding year. Provided that if Lessoracquisition of title by such mortgagee, based on such financial statements, reasonably and justifiably determines that due beneficiary of deed of trust or purchaser of any obligation he or it may have to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for return said purposedeposit.

Appears in 1 contract

Sources: Standard Commercial Industrial Triple Net Lease (Titan Motorcycle Co of America Inc)

Security Deposit. 9.1 The Lessee states that its Guarantor has executed Developer agrees and undertakes to provide a security deposit (“Security Deposit”) to IRSDC of an amount equal to three times the Guaranty with amount of Annual Lease Rent and/ or the LessorAnnual Guaranteed Amount (in case of any Revenue Share being payable hereunder). 9.2 The amount of Security Deposit shall get revised upwardly every three years, which guarantees all of the obligations the Lessee has assumed in the terms of this Lease and, upon signing this Agreement, Lessee revision shall deliver such Guaranty be corresponding to the Lessor. Furthermore, Lessee increase in Annual Lease Rent and/ or the Annual Guaranteed Amount. 9.3 The Developer shall deposit submit the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill three months prior to the expiry of the Bid Security. 9.4 The said Security Deposit shall constitute a security against any delay and/ or default in the payment by the Developer of its obligations the Lease Premium, Annual Lease Rent, the Revenue Share, any interest thereon and/ or any other amount otherwise required to be paid by the Developer to IRSDC under the LeaseAgreement (including any liquidated damages, Lessor may apply or other amounts payable consequent to any breach of the Security Deposit on account of such obligation or Agreement), and IRSDC shall be entitled to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of encash, invoke and draw upon and forfeit the Security Deposit, Lesseeto recover all such amounts. 9.5 In the event that IRSDC, immediately after notice from Lessor, shall deposit with Lessor draws on/ encashes/ invokes the amount so applied so that Lessor shall have the full Security Deposit available at all times during the Term of this Lease. LikewiseDeposit, in case of Rent increases in terms of this Agreementpart or full, the Lessee shall immediately deposit to Lessor the amount that may be necessary in order for the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term of this Lease, provided that if Lessee complies with all the terms, covenants and conditions of this Lease, the Security Deposit (or any balance thereof) shall be returned to Lessee not later than forty-five (45) calendar days after the delivery of possession of the entire Leased Property to Lessor in accordance with the terms of this Agreement. Additionally, during each year of the Term of this Agreement or at Lessor’s reasonable request in writing, the Lessee Developer shall deliver to Lessor copy forthwith restore the value of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from entire value required to be then maintained as Security Deposit, under the Agreement. 9.6 Subject to Article 9.7 below, any undrawn portion of the Security Deposit shall be returned to the Developer after the Site along with all the Commercial Development Assets and Commercial Development Project Utilities are vested with IRSDC (or its nominee, including RLDA or the Railway Administration) in accordance with the terms of this Agreement, . 9.7 Prior to the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or release of the Security Deposit in accordance with the foregoing terms of Article 9.6 above, the Developer shall issue an unconditional and within unequivocal no claim certificate in favour of IRSDC, RLDA and the 30 Railway Administration, in respect of the Project (thirty) days following and any dues to the notification Developer in writing delivered respect thereof). 9.8 No interest shall be payable by Lessor for said purposeIRSDC on the Security Deposit. However if any interest accrues on the instrument payable by the issuing authority, the same shall be passed on to the Developer. 9.9 Notwithstanding anything, in the event that the Agreement is terminated due to Developer’s Event of Default, IRSDC shall have the right to forfeit and retain the entire Security Deposit.

Appears in 1 contract

Sources: Development Agreement

Security Deposit. Article 23 The Lessee states that its Guarantor has executed the Guaranty LESSEE, concurrently with the Lessorexecution of this Lease, has deposited with the LESSOR the sum of as specified in the LEASE SUMMARY the receipt of which is hereby acknowledged, which guarantees all sum shall be retained by the LESSOR as security deposit for the payment by the LESSEE of the obligations rent herein agreed to be paid and for the Lessee has assumed in the terms of this Lease and, upon signing this Agreement, Lessee shall deliver such Guaranty to the Lessor. Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any of its obligations under the Lease, Lessor may apply the Security Deposit on account of such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part faithful performance of the Security Deposit, Lessee, immediately after notice from Lessor, shall deposit with Lessor the amount so applied so that Lessor shall have the full Security Deposit available at all times during the Term covenants of this Lease. Likewise, If at any time the LESSEE shall be in case default of Rent increases in terms any of this Agreement, the Lessee shall immediately deposit to Lessor the amount that may be necessary in order for the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term of this Lease, provided that if Lessee complies with all the terms, covenants and conditions provisions of this Lease, the Security Deposit (LESSOR shall have the right to use said deposit, or so much thereof as may be necessary in payment of any rent in default as aforesaid and/or in payment of any expense incurred by the LESSOR in and about the curing of any default by said LESSEE, and/or in payment of any damages incurred by the LESSOR by reason of such default of the LESSEE, or at LESSOR's option, the same may be retained by the LESSOR in liquidation of part of the damages suffered by the LESSOR by reason of the default of the LESSEE. Should said security deposit or any balance thereof) portion thereof be applied by LESSOR to curing any default by LESSEE, LESSEE shall pay LESSOR on demand the amount so applied which shall be added to the security deposit so that the same may be restored to its original amount. If LESSEE shall faithfully fulfill, keep, perform, and observe all of the covenants, conditions and agreements in this Lease set forth and contained on the part of the LESSEE to be fulfilled, kept performed and observed, the sum deposited or the part or portion thereof not previously applied shall be returned to Lessee not the LESSEE without interest no later than forty-five thirty (4530) calendar days after the delivery of possession expiration of the entire Leased Property to Lessor in accordance with the terms term of this Agreement. Additionally, during each year of Lease or any renewal or extension thereof provided LESSEE has vacated the Term of this Agreement or at Lessor’s reasonable request in writing, the Lessee shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding Leased Premises and surrendered possession thereof to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to LESSOR at the economic solvency expiration of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, said term or any extension or renewal thereof as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purposeprovided herein.

Appears in 1 contract

Sources: Lease Agreement (Pharmasystems Holdings Corp)

Security Deposit. The Lessee states that its Guarantor has executed the Guaranty deposited with the Lessor, and Lessor hereby acknowledges receipt of $3,700.00, the sum of which guarantees shall be held by Lessor, without accrual of interest, as security for the faithful performance by Lessee of all of the obligations the Lessee has assumed in the terms of this Lease andLease. Said deposit shall not be mortgaged, upon signing this Agreementassigned, transferred or encumbered by Lessee shall deliver without the express prior written consent of Lessor and any such Guaranty to act on the Lessor. Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any of its obligations under the Lease, Lessor may apply the Security Deposit on account of such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security DepositLessee shall be without force and effect and shall not be binding upon Lessor. If any of the rents herein reserved or any other sum payable by Lessee to Lessor hereunder shall be overdue or unpaid, or should Lessor make payments on behalf of Lessee, immediately after notice from Lessor, shall deposit with Lessor the amount so applied so that Lessor shall have the full Security Deposit available at all times during the Term of this Lease. Likewise, in case of Rent increases in terms of this Agreement, the or if Lessee shall immediately deposit fail to Lessor perform any of the amount that may be necessary in order for the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term terms of this Lease, provided that if then Lessor, at its option and without prejudice to any other remedy which Lessor may have on account thereof, may appropriate and apply said entire deposit, or so much thereof as may be necessary to compensate Lessor, toward the payment of any rent or additional sum due hereunder or to any loss or damage sustained by Lessor due to such breach on the part of Lessee; and Lessee complies shall forthwith upon demand restore said security deposit to the original sum deposited. Should Lessee comply with all of the termsterms and promptly pay all of the rentals and all other sums payable by Lessee to Lessor as they become due, covenants and conditions of this Lease, the Security Deposit (or any balance thereof) said deposit shall be returned in full to Lessee not later than forty-five (45) calendar days after at the delivery of possession end of the entire Leased Property to Lessor in accordance with term. In the terms event of this Agreement. Additionally, during each year of the Term of this Agreement Bankruptcy or at Lessor’s reasonable request in writingother creditor debt proceedings against Lessee, the Lessee security deposit shall deliver be deemed to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding be first applied to the preceding year. Provided that if Lessor, based on such financial statements, reasonably payment of rent and justifiably determines that other charges due Lessor for all periods prior to the economic solvency filing of such proceedings. This deposit may be commingled with other funds of Lessor. Lessor may deliver the security and any other deposit made hereunder by Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification purchaser of Lessor's interest in writing delivered by the Executive Center Office Building in the event that such interest be sold or otherwise conveyed, and thereupon Lessor for said purposeshall be discharged from any further liability with respect to such deposit; and this provision shall also apply to any subsequent transferee of Lessor.

Appears in 1 contract

Sources: Lease Agreement (Surgical Safety Products Inc)

Security Deposit. The Lessee states that its Guarantor has executed the Guaranty Simultaneously with the Lessorexecution and delivery of this Lease, Tenant shall deliver to Landlord a security deposit (the “Security Deposit”), which guarantees all of the obligations the Lessee has assumed Security Deposit shall be in the terms of this Lease and, upon signing this Agreement, Lessee shall deliver such Guaranty to the Lessor. Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this AgreementAmount (as defined in Section 1.2) and shall consist either of cash or of a clean, irrevocable letter of credit reasonably satisfactory in form and content to Landlord and issued by an FDIC insured bank located in Boston reasonably satisfactory to Landlord in favor of the Landlord. If Lessee does not fulfill During the Term hereof, and any extensions thereof, and for sixty (60) days after the expiration of its the Term, or for so long thereafter as Tenant is in possession of the Premises or has unsatisfied obligations hereunder to Landlord, the Security Deposit shall be security for the full and timely performance of Tenant’s obligations under the this Lease, Lessor ; which cash may be used or letter of credit drawn upon by Landlord and applied from time to time against outstanding obligations of Tenant hereunder that Tenant has not satisfied within any applicable notice and cure periods without notice or demand. Tenant shall have no right to require Landlord to so apply the Security Deposit on account of such obligation Deposit, nor shall Tenant be entitled to credit the same against rents or to reimburse Lessor for any sum that Lessor may expend due to Lessee's defaultother sums payable hereunder; no interest shall accrue thereon. If Lessor applies the Security Exhibit 10.8 Deposit is in the form of a letter of credit, during the entire Term hereof, including any part extension thereof, Tenant shall cause said letter of credit to be renewed, in identical form to that delivered herewith, no later than thirty (30) days prior to the date of expiration of same. Without limiting any other remedies of Landlord, in the event that Tenant fails to renew any letter of credit given hereunder at least thirty (30) days prior to the date of expiration thereof, then Landlord shall have the right to draw down the entire amount of said letter of credit and hold such sums as a cash deposit If and to the extent that Landlord makes such use of the Security Deposit, Lesseeor any part thereof, immediately after the sum so applied by ▇▇▇▇▇▇▇▇ (from cash or from a drawing on the letter of credit) shall be restored to the Security Deposit, in cash, by Tenant upon notice from LessorLandlord, shall deposit with Lessor and failure to pay Landlord the amount to be so applied so restored (within the grace period applicable to Fixed Rent hereunder) shall be a default hereunder giving rise to all of Landlord’s rights and remedies applicable to a default in the payment of rent. In the event of a change of circumstance relating to the bank issuing the letter of credit, or Landlord otherwise reasonably believes the financial conditions of the issuing bank has been degraded, Landlord reserves the right to require Tenant to replace the letter of credit from time to time with a substitute similar letter of credit issued by another bank satisfactory to Landlord. No trust relationship is created herein between Landlord and Tenant with respect to said Security Deposit. Tenant acknowledges that Lessor shall have the full Security Deposit available at all times during the Term of this Lease. Likewise, in case of Rent increases in terms of this Agreement, the Lessee shall immediately deposit to Lessor the amount that may be necessary in order for the Security Deposit is not an advance payment of any kind or a measure of Landlord's damages in the event of Tenant's default; Landlord shall not be obliged to be equal to 2 (two) months of current Rent at all times during the Term of this Lease, provided that if Lessee complies with all the terms, covenants and conditions of this Lease, keep the Security Deposit (as a separate fund or any balance thereof) shall be returned to Lessee not later than forty-five (45) calendar days after the delivery of possession of the entire Leased Property to Lessor in accordance with the terms of this Agreement. Additionally, during each year of the Term of this Agreement or at Lessor’s reasonable request in writing, the Lessee shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or pay interest thereon but may commingle the Security Deposit to fully guarantee Lessee’s obligations derived from with its own funds. Tenant hereby waives the provisions of any law which is inconsistent with this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purposeSection 13.25.

Appears in 1 contract

Sources: Lease Agreement (Eledon Pharmaceuticals, Inc.)

Security Deposit. The Lessee states that its Guarantor Section 31.1 Subject to Section 31.2 below, Tenant has executed deposited with Landlord the Guaranty with sum of ZERO DOLLARS ($00.00) as security for the Lessor, which guarantees all faithful performance and observance by Tenant of the obligations the Lessee has assumed terms, provisions, covenants and conditions of this Lease; it is agreed that in the terms event of an assignment of this Lease, the assignee's deposit of security as elsewhere in this Lease andprovided, upon signing this Agreementand such assignee's default beyond the expiration of applicable notice, Lessee shall deliver such Guaranty to the Lessor. Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill grace or cure periods in respect of any of its obligations under the terms, provisions, covenants and conditions of this Lease, Lessor including, but not limited to, the payment of Rental, Landlord may use, apply or retain the Security Deposit on account of such obligation whole or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security Depositsecurity so deposited to the extent required for the payment of any Rental or any other sum as to which Tenant (the term "Tenant," as used in this Article 31, Lesseemeaning only any such assignee) is in default or for any sum which Landlord may expend or may be required to expend by reason of Tenant's default beyond the expiration of applicable notice, immediately grace or cure periods in respect of any of the terms, provisions, covenants and conditions of this Lease, including but not limited to, any damages or deficiency accrued before or after notice from Lessorsummary proceedings or other re-entry by Landlord. In the event that Tenant shall fully and faithfully comply with all of the terms, provisions, covenants and conditions of this Lease, the security shall deposit with Lessor be refunded to Tenant after the date fixed as the end of the term of this Lease and after delivery of entire possession of the Premises to Landlord as provided hereunder. Tenant further covenants that it will not assign or encumber or attempt to assign or encumber the monies deposited herein as security and that neither Landlord nor its successors or assigns shall be bound by any such assignment, encumbrance, attempted assignment or attempted encumbrance. In the event Landlord applies or retains any portion or all of the security deposited, Tenant shall forthwith restore the amount so applied or retained so that Lessor at all times the amount deposited shall have be the full Security Deposit available amount of the security deposit required at the relevant time. The security shall be deposited in an interest-bearing account in a bank selected by Landlord, and interest earned on the account (less an administrative fee allowed by law which may be retained by Landlord) shall, provided Tenant is not in default hereunder beyond the expiration of applicable notice, grace or cure periods, be paid to Tenant upon request but no more frequently than annually. Section 31.2 In lieu of the cash security deposit referred to in Section 31.1 above, Tenant may deliver to Landlord, and shall maintain in effect at all times during the Term term following delivery thereof, a clean, unconditional and irrevocable letter of this Lease. Likewisecredit, in case of Rent increases substantially the form annexed hereto as Exhibit B in terms of this Agreement, the Lessee shall immediately deposit to Lessor the amount of ZERO DOLLARS ($00.00) issued by a banking corporation ("Bank") reasonably satisfactory to Landlord and which is a member of the New York Clearing House Association or successor thereto. Such letter of credit shall have an expiration date no earlier than the first anniversary of the date of issuance thereof and it shall be automatically renewed from year-to-year unless terminated by the Bank by notice to Landlord given not less than sixty (60) days prior to the then expiration date therefor. It is agreed that may be necessary in order for the Security Deposit to be equal to 2 (two) months event Tenant defaults in respect of current Rent at all times during any of the Term terms, covenants or provisions of this Lease, provided including, but not limited to, the payment of any Rental, and such default continues beyond the applicable grace or cure period, if any, or if any letter of credit is terminated by the Bank and is not replaced within thirty (30) days prior to its expiration date that (i) Landlord shall have the right to require the Bank to make payment to Landlord of so much of the entire proceeds of the letter of credit as shall be reasonably necessary to cure the default (or the entire proceeds if Lessee complies with all notice of termination is given as aforesaid and the letter of credit is not replaced as aforesaid), and (ii) Landlord may apply said sum so paid to it by the Bank to the extent required for the payment of any Rental or any other sum as to which Tenant is in default beyond applicable grace and cure periods or for any sum which Landlord may expend or may be required to expend by reason of Tenant's default beyond applicable grace and cure periods in respect of any of the terms, covenants and conditions of this Lease, including, but not limited to, any damages or deficiency in the Security Deposit reletting of the Premises, whether such damages or deficiency accrues before or after summary proceedings or other re-entry by Landlord, without thereby waiving any other rights or remedies of Landlord with respect to such default. If Landlord applies any part of the proceeds of a letter of credit, Tenant, upon demand, shall deposit with Landlord promptly the amount so applied or retained (or increase the amount of the letter of credit) so that the Landlord shall have the full deposit on hand at all times during the term of this Lease. If a letter of credit is drawn upon, any balance thereof) proceeds received by Landlord which are not applied to the curing of the default shall be returned to Lessee not later than forty-five (45) calendar days after the delivery of possession of the entire Leased Property to Lessor in accordance with the terms of this Agreement. Additionally, during each year of the Term of this Agreement or at Lessor’s reasonable request in writing, the Lessee shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding held by Landlord subject to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency provision of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purpose.Section 31.1

Appears in 1 contract

Sources: Lease Agreement (Minerals Technologies Inc)

Security Deposit. The a. Lessee states that its Guarantor has executed shall deposit with Lessor $10604.00, or the Guaranty equivalent of two months rent, in good or certified funds with a domestic bank, as a non-interest bearing security deposit. Lessor may use the Lessor, which guarantees all security deposit to cure any default of the obligations the Lessee has assumed in the terms of this Lease and, upon signing under this Agreement, Lessee shall deliver such Guaranty restore the Premises including any and all furniture, fixtures and equipment provided by Lessor and vendors at the Premises to their original condition and configuration, reasonable wear and tear excepted, to pay for repairs to any damage to the Lessor. FurthermorePremises, Executive Suite or Building, caused by Lessee shall deposit or Lessee's guests, to pay any rent or other charges which Lessee owes Lessor at or prior to the Security Deposit with Lessor upon signing expiration of this Agreement. If Lessee does not fulfill any of its obligations under the Lease, Lessor may apply the Security Deposit on account of such obligation or and to reimburse Lessor for costs or expenses arising from any sum that Lessor may expend due other obligation of Lessee which Lessee has failed to Lessee's defaultperform. If Lessor applies any part transfers control or ownership of the Security Deposit, Lessee, immediately after notice from Lessor, shall deposit with Premises and Lessor transfers the amount so applied so that Lessor shall have the full Security Deposit available at all times during the Term of this Lease. Likewise, in case of Rent increases in terms of this Agreement, the Lessee shall immediately security deposit to such purchaser, Lessee will look solely to the new Lessor the amount that may be necessary in order for the Security Deposit to be equal to 2 (two) months return of current Rent at all times during the Term of security deposit, and the Lessor named in this Lease, provided that if Lessee complies with all the terms, covenants and conditions of this Lease, the Security Deposit (or any balance thereof) Agreement shall be returned to Lessee not later than forty-five (45) calendar days after released from all liability for the delivery of possession return of the entire Leased Property to security deposit. b. The security deposit (less any sums used by Lessor in accordance with the terms and conditions of this Agreement. Additionally, during each year ) will be returned within sixty (60) days after the termination of any services rendered or expiration of the Term term hereof. The security deposit shall not under any circumstance be applied in lieu of the final payment(s) of Fixed Monthly Rental charges or service charges under this Agreement. c. In the event that, by reason of the Lessee's default in its obligations pursuant to this Agreement or otherwise, including but not limited to the payment of the Fixed Monthly Rental Charge, any amounts due by reason of the Lessee's use of additional services hereto and/or by reason of the Lessee's use of telephone services as supplied pursuant to this Agreement, Lessor shall be entitled to apply any of the security deposited pursuant to this Agreement to any outstanding sums due or owing to the Lessor, and Lessor shall have the right to charge the Lessee, as additional rent, such sums as are necessary to replenish any and all amounts applied so as to cause the security to be returned to its entire amount. The failure to pay such amounts as are necessary to replenish the security shall be considered a breach of this Agreement and shall entitle the Lessor to exercise any of its rights pursuant to this Agreement or at Lessor’s reasonable request in writing, the Lessee shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purposeotherwise.

Appears in 1 contract

Sources: Lease and Service Agreement (Qorus Com Inc)

Security Deposit. The Lessee states that its Guarantor has executed the Guaranty contemporaneously with the execution of this lease paid to Lessor, which guarantees the sum of FORTY EIGHT THOUSAND FOUR HUNDRED AND NO/100 DOLLARS ($48,400.00), hereafter referred to as "security deposit." TWENTY-FOUR THOUSAND TWO HUNDRED AND 00/100 DOLLARS ($24,200.00) will be applied toward the second month's basic rent, and the balance shall be held by Lessor as a security deposit. The security deposit shall be held by Lessor during the term hereof without liability for interest, as security for the performance by Lessee of all the terms, covenants conditions of this lease to be kept and performed by Lessee. Lessor shall not be required to keep the security deposit as a separate fund but may commingle it with Lessor's own funds. If, at any time during the term of this lease, any of the obligations rent herein reserved or other payment hereunder required of Lessee is overdue and unpaid, Lessor may, at the option of Lessor (but Lessor shall not be required to) appropriate and apply any portion of said security deposit to the payment of any such overdue rent or other payments. Should the security deposit, or any portion thereof, be appropriated and applied by Lessor for the payment of overdue rent or other sums due and payable to Lessor by Lessee has assumed in the terms hereunder prior to termination of this Lease andlease, then upon signing this Agreementwritten demand by Lessor, Lessee shall deliver such Guaranty remit to the LessorLessor a sum in cash sufficient to restore said security deposit to TWENTY-FOUR THOUSAND TWO HUNDRED AND 00/100 DOLLARS ($24,200.00). Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any of its obligations under the Lease, Lessor may apply the Security Deposit on account Lessee's failure to do so within five (5) days after receipt of such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security Deposit, Lessee, immediately after notice from Lessor, demand shall deposit with Lessor the amount so applied so that Lessor shall have the full Security Deposit available at all times during the Term constitute a breach of this Leaselease. Likewise, in case In the event of Rent increases in terms of this Agreement, the failure or failures by Lessee shall immediately deposit to Lessor the amount that may be necessary in order for the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term of this Lease, provided that if Lessee complies with keep and perform all the other terms, covenants and conditions of this Leaselease to be kept and performed by Lessee, then, at the option of Lessor and after terminating this lease, Lessor may appropriate and apply said security deposit, or so much thereof as Lessor in its sole discretion may reasonably determine to be necessary to compensate Lessor for all loss, cost or damage, including attorneys' fees, sustained or suffered by Lessor due to covenants and conditions, the Security Deposit (or any balance thereof) security deposit shall be returned in full to Lessee not later than forty-five (45) calendar days after at the delivery of possession end of the entire Leased Property to Lessor in accordance with the terms last extension of term of this Agreement. Additionally, during each year of the Term of this Agreement or at Lessor’s reasonable request in writing, the Lessee shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purposelease without interest.

Appears in 1 contract

Sources: Lease Agreement (Cost U Less Inc)

Security Deposit. The a. Lessee states that its Guarantor has executed shall deposit with Lessor $2900, or the Guaranty equivalent of two months rent, in good or certified funds with a domestic bank, as a non-interest bearing security deposit. Lessor may use the Lessor, which guarantees all security deposit to cure any default of the obligations the Lessee has assumed in the terms of this Lease and, upon signing under this Agreement, Lessee shall deliver such Guaranty restore the Premises including any and all furniture, fixtures and equipment provided by Lessor and vendors at the Premises to their original condition and configuration, reasonable wear and tear excepted, to pay for repairs to any damage to the Lessor. FurthermorePremises, Executive Suite or Building, caused by Lessee shall deposit or Lessee's guests, to pay any rent or other charges which Lessee owes Lessor at or prior to the Security Deposit with Lessor upon signing expiration of this Agreement. If Lessee does not fulfill any of its obligations under the Lease, Lessor may apply the Security Deposit on account of such obligation or and to reimburse Lessor for costs or expenses arising from any sum that Lessor may expend due other obligation of Lessee which Lessee has failed to Lessee's defaultperform. If Lessor applies any part transfers control or ownership of the Security Deposit, Lessee, immediately after notice from Lessor, shall deposit with Premises and Lessor transfers the amount so applied so that Lessor shall have the full Security Deposit available at all times during the Term of this Lease. Likewise, in case of Rent increases in terms of this Agreement, the Lessee shall immediately security deposit to such purchaser, Lessee will look solely to the new Lessor the amount that may be necessary in order for the Security Deposit to be equal to 2 (two) months return of current Rent at all times during the Term of security deposit, and the Lessor named in this Lease, provided that if Lessee complies with all the terms, covenants and conditions of this Lease, the Security Deposit (or any balance thereof) Agreement shall be returned to Lessee not later than forty-five (45) calendar days after released from all liability for the delivery of possession return of the entire Leased Property to security deposit. b. The security deposit (less any sums used by Lessor in accordance with the terms and conditions of this Agreement. Additionally, during each year ) will be returned within sixty (60) days after the termination of any services rendered or expiration of the Term term hereof. The security deposit shall not under any circumstance be applied in lieu of be the final payment(s) of Fixed Monthly Rental charges or service charges under this Agreement. c. In the event that, by reason of the Lessee's default in its obligations pursuant to this Agreement or otherwise, including but not limited to the payment of the Fixed Monthly Rental Charge, any amounts due by reason of the Lessee's use of additional services hereto and/or by reason of the Lessee's use of telephone services as supplied pursuant to this Agreement, Lessor shall be entitled to apply any of the security deposited pursuant to this Agreement to any outstanding sums due or owing to the Lessor, and Lessor shall have the right to charge the Lessee, as additional rent, such sums as are necessary to replenish any and all amounts applied so as to cause the security to be returned to its entire amount. The failure to pay such amounts as are necessary to replenish the security shall be considered a breach of this Agreement and shall entitle the Lessor to exercise any of its rights pursuant to this Agreement or at Lessor’s reasonable request in writing, the Lessee shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purposeotherwise.

Appears in 1 contract

Sources: Lease and Service Agreement (Liquid Audio Inc)

Security Deposit. The Lessee states that its Guarantor has executed shall deposit with Lessor on the Guaranty with the Lessor, which guarantees all of the obligations the Lessee has assumed in the terms signing of this Lease and, upon signing this Agreement, Lessee shall deliver such Guaranty to the Lessor. Furthermore, Lessee shall deposit sum of Six Hundred and No/100 ($600.00) Dollars as security for the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any performance of its Lessee's obligations under the this Lease, including without limitation the surrender of possession of the premises to Lessor may apply the Security Deposit on account of such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's defaultas provided in this Lease. If Lessor applies any part of the Security Deposit, deposit to cure any default of Lessee, immediately after notice from Lessor, Lessee shall upon demand deposit with Lessor the amount so applied so to that Lessor shall have the full Security Deposit available deposit on hand at all times during the Term term of this Lease. LikewiseIn addition to the statutory Lessor's lien, Lessor shall have at all times a valid security interest to secure payment of all rentals and other sums of money becoming due hereunder from Lessee, and to secure payment of any damages or loss which Lessor may suffer f er by reason of the breach by Lessee of any covenant, agreement or condition contained herein upon all goods, wares, equipment, fixtures, furniture, improvements, leaseholds and other personal property of Lessee presently, or which may hereafter be situated on the Demised Premises, and all other personal property of Lessee presently, or which may hereafter be situated on the Demised Premises, and all proceeds therefrom, and such property shall not be removed without the consent of Lessor until all arrearages in rent as well as any and all other sums of money then due to Lessor or to become due to Lessor hereunder shall first have been paid and discharged and all the covenants, agreements and conditions hereof have been fully complied with and performed by Lessee. Upon the occurrence of an event of default by Lessee, Lessor may, in case addition to any other remedies provided herein, enter upon the Demised Premises and take possession of Rent increases any and all goods, wares, equipment, fixtures, furniture, improvements, leaseholds and other personal property of tenant situated on the Demised Premises, without breach of peace (or by force, but only if necessary and allowed by law under the applicable circumstances) without liability for trespass or conversion and sell the same at public or private sale, with or without having such property at the sale, after giving Lessee reasonable notice of the time and place of any public sale or of the time after which any private sale is to be made, at which sale the Lessor or its assigns may purchase unless otherwise prohibited by law. Unless otherwise provided by law, and without intending to exclude any other manner of giving Lessee reasonable notice, the requirement of reasonable notice shall be met if such notice is given in terms the manner prescribed in this Lease at least seven (7) days before the time of sale. Any sale made pursuant to the provisions of this Agreementparagraph shall be deemed to have been a public sale conducted in a commercially reasonable manner if held in the above-described premises or where the property is located after the time, place and method of sale and a general description of the types of property to be sold have been advertised in a daily newspaper published in the county in which the property is located for three (3) consecutive days before the date of the sale. The proceeds from any such disposition, less any and all expenses connected with the taking of possession, holding and selling of the property (including reasonable attorneys, fees and legal expense) , shall be applied as a credit against the indebtedness secured by the security interest granted in this paragraph. Any surplus shall be paid to Lessee or as otherwise required by law; the Lessee shall immediately deposit pay any deficiencies forthwith. Upon request by Lessor, Lessee agrees to Lessor the amount that may be necessary in order for the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term of this Lease, provided that if Lessee complies with all the terms, covenants execute and conditions of this Lease, the Security Deposit (or any balance thereof) shall be returned to Lessee not later than forty-five (45) calendar days after the delivery of possession of the entire Leased Property to Lessor in accordance with the terms of this Agreement. Additionally, during each year of the Term of this Agreement or at Lessor’s reasonable request in writing, the Lessee shall deliver to Lessor copy a financing statement in form sufficient to perfect the security interest of Lessor in the aforementioned property and proceeds thereof under the provision of the audited financial statements Uniform Commercial Code (or corresponding state statute or statutes) in force in the State of Texas, as well as any other state the laws of which Lessor may at any time consider to be applicable; provided however, Lessee and/or agrees that Lessor shall have the Guarantor corresponding right to file a photocopy of this Lease as a financing statement for the purpose of perfecting the security interest of the Lessor created pursuant to the preceding yearprovision of this paragraph. Provided that if Lessor, based on such financial statements, reasonably The statutory lien for rent is expressly reserved; the security interest herein granted is in addition and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purposesupplementary thereto.

Appears in 1 contract

Sources: Lease (Dynacq International Inc)

Security Deposit. 3.1 The Lessee states that its Guarantor has executed Tenanl shall on or before Lhe Commencement Date and at all Limes during lhe currency of the Guaranty tenancy deposit with the Lessor, which guarantees all Landlord the rental and utilities deposit in the amount(s) as set out in Schedule I hereto (together called “the Deposit”). The Deposit shall be held by the Landlord during the term of the obligations Tenancy as security for the Lessee has assumed due performance and observance by the Tenant of all and singular its covenants herein contained. The Tenant shall be liable to top-up the amount of utility account deposit if duly requested by the utility provider company which could be due to the high usage by the Tenant or increase in the terms rates levied by the utility provider company. In case of this Lease and, upon signing this Agreement, Lessee shall deliver such Guaranty to any default on the Lessor. Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any of its obligations under the Lease, Lessor may apply the Security Deposit on account of such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security DepositTenant in the performance or observance of any of the said covenants including any damage to the Demised Premises and to the fixtures and fittings thereof caused by the Tenant, Lessee, immediately after notice from Lessor, shall deposit with Lessor the amount so applied so that Lessor shall have the full Security Deposit available at all times during the Term of this Lease. Likewise, in case of Rent increases in terms of this Agreementtheir servants or agents, the Lessee Landlord shall immediately deposit be entitled to Lessor the amount deduct whatever sum or sums that may be necessary in order for the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term of this Lease, provided that if Lessee complies with all the terms, covenants and conditions of this Lease, the Security Deposit (or any balance thereof) shall be returned to Lessee not later than forty-five (45) calendar days after the delivery of possession of the entire Leased Property to Lessor in accordance with the terms of this Agreement. Additionally, during each year of the Term of this Agreement or at Lessor’s reasonable request in writing, the Lessee shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency Landlord as rent and other outgoings liable by the Tenant hereunder contained and/ or for any repairs, replacement, damages, lost fixtures belonging to the Landlord on the Demised Premises and to return the balance (if any) to the Tenant without interest thereon. 3.2 In the event that the deposit is insufficient to remedy any breach or damages the deficient amount shall be recoverable from the Tenant as a debt due to the Landlord. If the Tenant shall have duly performed and observed all the covenants and obligations on its part hereunder, the Landlord shall within one (1) month of Lessee and/or the Guarantor its necessary expiry of the Tenancy or upon the payment of all utility bills and the determination of the cost for damages if any whichever comes first refund the deposit free of interest to improve and/or substitute the Guaranty and/or Tenant. 3.3 The Tenant shall not treat the Security Deposit to fully guarantee Lessee’s obligations derived from as payment towards rent or any fee or other payment that is due and payable by the Tenant under this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purpose.

Appears in 1 contract

Sources: Tenancy Agreement (ARB IOT Group LTD)

Security Deposit. The Lessee states (A) Tenant shall deposit with Landlord upon the execution and delivery of this Lease the sum of $3,000,000.00 as security for the faithful performance and observance by Tenant of the terms, provisions and conditions of this Lease. Provided that its Guarantor this Lease is in full force and effect, that Tenant has executed the Guaranty with the Lessor, which guarantees faithfully kept and performed all of the terms and obligations the Lessee has assumed in the terms of this Lease and, upon signing this Agreement, Lessee shall deliver such Guaranty on its part then to the Lessor. Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any of its obligations be performed under the Lease, Lessor may apply the Security Deposit on account shall be reduced to $2,000,000.00 when there are eight (8) years remaining in the Lease Term and shall be further reduced to $1,000,000.00 when there are four (4) years remaining in the Lease Term. It is agreed that in the event Tenant defaults in respect of such obligation any of the terms, provisions and conditions of this Lease, including, but not limited to, the payment of Base Rent and additional rent, Landlord may use, apply or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies retain the whole or any part of the Security Deposit, Lessee, immediately after notice from Lessor, shall deposit with Lessor security so deposited to the amount so applied so that Lessor shall have extent required for the full Security Deposit available at all times during the Term payment of this Lease. Likewise, any rent and additional rent or any other sums as to which Tenant is in case of Rent increases in terms of this Agreement, the Lessee shall immediately deposit to Lessor the amount that default or for any sum which Landlord may expend or may be necessary required to expend by reason of Tenant's default in order for the Security Deposit to be equal to 2 (two) months respect of current Rent at all times during the Term any of this Lease, provided that if Lessee complies with all the terms, covenants and conditions of this Lease, including but not limited to, any damages or deficiency in the Security Deposit re-letting of the Demised Premises, whether such damages or deficiency accrued before or after summary proceedings or other re-entry by Landlord. If as a result of any application by Landlord of all or any part of the security deposited by Tenant pursuant to this paragraph "A", the amount of cash so on deposit with Landlord shall be less than that required pursuant to this paragraph "A", Tenant shall forthwith deposit with Landlord cash in an amount equal to the deficiency. (1) At Tenant's election, in lieu of the cash security deposit, Tenant may deliver to Landlord an irrevocable letter of credit in substantially the form annexed hereto and made a part hereof as Exhibit "E" (or other form acceptable to Landlord in its reasonable discretion), in favor of Landlord, payable in White Plains, New York, and issued by a bank which is under the supervision of the Superintendent of Banks of the State of New York or by a national bank which is a member of the New York Clearing House Association. The letter of credit (as the same may be renewed from time to time hereinafter provided) shall be maintained for the entire term of this Lease plus a period of thirty (30) days thereafter. The letter of credit shall be irrevocable, shall be in effect for an initial period of not less than one (1) year, and shall provide that the same shall be automatically renewed for successive one (1) year periods ending not earlier than thirty (30) days after the expiration of the term of this Lease, without any balance action whatsoever on the part of Landlord. The issuing bank shall have the right to elect not to renew such letter of credit only on written notice to Landlord given not less than sixty (60) days prior to the then current expiration date thereof. However, the privilege of the issuing bank to elect not to renew said letter of credit shall not diminish the obligation of Tenant to maintain such irrevocable letter of credit with Landlord through the date which is not earlier than thirty (30) days after the expiration of the term hereof; (2) Each letter of credit shall provide, among other things, that: (a) Landlord, or its then managing agent (if any), shall have the right to draw down an amount up to the extent of the face amount of the letter of credit upon presentation to the issuing bank of Landlord's (or its then managing agent's) certified statement that Landlord is entitled to draw such amount under the provisions of this Lease (it being understood that if Landlord or its managing agent be a corporation, partnership or other entity, then such statement shall be signed by an officer if a corporation, a general partner, if a partnership, or any authorized party, if another entity); and (b) the letter of credit will be honored by the issuing bank upon the delivery of the aforesaid statement without inquiry as to the accuracy thereof and regardless of whether Tenant disputes the contents of such statement; (3) Tenant specifically acknowledges and agrees that Landlord's acceptance of a letter of credit as herein provided is solely an accommodation to Tenant, and, if at any time during the term hereof such letter of credit is to be withdrawn, canceled or modified in any manner, or if Tenant shall default in, or fail to keep, observe or perform any of the terms, covenants, conditions, provisions or agreements hereunder, beyond notice (if required) and the expiration of any applicable grace period, then, in any such event, Landlord may draw the full amount of such letter of credit and retain the proceeds thereof as a cash security deposit in accordance with the provisions of this Article, except that if the amount of the actual damages incurred by Landlord as a result of Tenant's default, failure to keep, observe or so perform shall be less than ten (10%) percent of the amount of the letter of credit, as so determined by Landlord, then Landlord shall only draw down a portion of the letter of credit equal to the amount of such damages. Landlord shall deliver to Tenant a copy of any statement submitted by Landlord to the issuer of the letter of credit in connection with a drawing thereunder; (4) In the event of a transfer of Landlord's interest in the Building of which the Demised Premises form a part, Landlord shall have the right, upon written notice to Tenant, which notice shall include the identity of the transferee, to transfer and deliver the letter of credit to the transferee and thereupon Landlord shall, without any further agreement between the parties, be automatically released by Tenant from all liability therefor thereafter arising, and it is agreed that the provisions hereof shall apply to every transfer or assignment made of the said letter of credit to a new landlord. Tenant covenants and agrees to pay the issuing bank's transfer fee, if any, in connection with the transfer. Tenant covenants and agrees that it will not assign or encumber said letter of credit, or any part thereof, and that neither Landlord nor its successors or assigns shall be bound by any such assignment, encumbrance, attempted assignment or attempted encumbrance; (5) If the letter of credit expires earlier than thirty (30) days after the expiration of the term of this Lease or if the issuing bank notifies Landlord that it will not renew the then current letter of credit, Landlord will accept a replacement thereof (such renewal to be in effect not later than thirty (30) days prior to the expiration of the then expiring letter of credit), upon the terms and conditions required by this Article. If the letter of credit is not timely renewed or replaced, Landlord may present the existing letter of credit to the issuing bank prior to its expiration. The entire sum evidenced thereby shall be paid to Landlord and thereafter held as cash security in accordance with the provisions of this Article. If Tenant fails to maintain the letter of credit in the amount and on the terms and conditions set forth in this Article, and Landlord does not present same prior to expiration of the letter of credit, Tenant, not later than the date of such expiration, shall deposit with Landlord cash in the amount of security then required to be on deposit with Landlord under this Article as cash security to be held and applied by Landlord as provided in this Article; and (6) If, as a result of any presentation and subsequent application of the proceeds of all or any part of the letter of credit, the amount available to be drawn thereon shall be less than the amount of security then required to be on deposit with Landlord under this Article, Tenant shall forthwith provide Landlord with additional cash or letter(s) of credit in an amount equal to such deficiency. SECTION 2. Notwithstanding anything to the contrary contained herein, Tenant may, from time to time, and at any time during the term hereof, upon thirty (30) days written notice to Landlord, substitute cash security for any then-existing letter of credit, or substitute a letter of credit for cash security, provided such security deposit is in the amount of security then required to be on deposit under this Lease. SECTION 3. In the event of a sale of the Complex and Building or leasing of the Building, of which the Demised Premises form a part, Landlord shall have the right to transfer the security to the vendee or lessee and Landlord shall thereupon be released by Tenant from all liability for the return of such security; and Tenant agrees to look to the new Landlord solely for the return of said security. It is agreed that the provisions hereof shall apply to every transfer or assignment made of the security to a new Landlord. SECTION 4. Tenant further covenants that it will not assign or encumber or attempt to assign or encumber the monies deposited herein as security and that neither Landlord nor its successors or assigns shall be bound by any such assignment, encumbrance, attempted assignment or attempted encumbrance. SECTION 5. Landlord shall hold Tenant's security deposit in an interest-bearing account. The account shall be of the type typically arranged by banking organizations for security deposits for rental of real property, held and controlled by Landlord "for the benefit of" Tenant, or like form. It is agreed that any and all interest earned on the security deposit shall be deemed to be a portion of the security deposit, less the lower of (i) $3,000.00 per annum or (ii) one (1%) percent of the amount of the interest earned on the account per annum, which shall be withdrawn annually and retained by Landlord as an administrative fee. Landlord shall notify Tenant in writing of the name and address of the banking organization in which the deposit of security is made, which shall be a banking organization having a place of business within the State of New York. SECTION 6. In the event that Tenant shall fully and faithfully comply with all of the terms, provisions, covenants and conditions of this Lease, the security shall be returned to Lessee not later than forty-five Tenant within thirty (4530) calendar days after the date fixed as the end of the Lease and after delivery of the entire possession of the entire Leased Property Demised Premises to Lessor Landlord. SECTION 7. In the event that a Letter of Credit is properly replaced, in accordance with the terms of this Agreement. AdditionallyArticle 21, during each year by cash or by another Letter of Credit, Landlord shall return to Tenant the Term Letter of this Agreement or at Lessor’s reasonable request in writing, the Lessee shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided Credit that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purposewas replaced.

Appears in 1 contract

Sources: Lease Agreement (Atlas Air Inc)

Security Deposit. The Lessee states that Upon execution of the equipment waiver by LESSOR and its Guarantor has executed the Guaranty mortgagee, LESSEE shall deposit THIRTY-THREE THOUSAND ($33,000.00) DOLLARS with the Lessor, which guarantees all LESSOR as security for LESSEE'S payment of the rent and performance of its other obligations the Lessee has assumed in the terms of under this Lease and, upon signing this Agreement, Lessee shall deliver such Guaranty to the Lessor. Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill and any of its obligations under the Lease, Lessor may apply the Security Deposit on account of such obligation renewals or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security Deposit, Lessee, immediately after notice from Lessor, shall deposit with Lessor the amount so applied so that Lessor shall have the full Security Deposit available at all times during the Term of this Lease. Likewise, in case of Rent increases in terms of this Agreement, the Lessee shall immediately deposit to Lessor the amount that may be necessary in order for the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term extensions of this Lease, provided that if Lessee complies with all until such time as the terms, covenants Tenant Improvement Line of Credit between LESSEE and conditions its lender has been fully repaid and Comdisco no longer has an option to assume this lease. If LESSEE defaults in its payment of rent or performance of its other obligations under this Lease, LESSOR may use all or part of the Security Deposit (security deposit for the payment of rent or any balance thereof) shall be returned other amount in default, or for the payment of any other amount 68 that LESSOR may spend or become obligated to Lessee not later than forty-spend by reason of LESSEE'S default, or for the payment to LESSOR or any other loss or damage that LESSOR may suffer by reason of LESSEE'S default. If LESSOR so uses any portion of the security deposit, LESSEE will restore the security deposit to its original amount within five (455) calendar days after the delivery written demand from LESSOR. The security deposit will not be a limitation on LESSOR'S damages or other rights under this Lease, or a payment of possession liquidated damages, or an advance of the entire rent. If LESSEE pays the rent and performs all of its other obligations under this Lease, LESSOR will return the unused portion of the security deposit to LESSEE within thirty (30) days after LESSEE'S surrender of the Leased Property to Lessor Premises in accordance with the terms of this Agreement. AdditionallyLease or such earlier time as provided for above, during each year however, if LESSOR has evidence that the security deposit has been assigned by LESSEE to an assignee of the Term Lease, LESSOR will return the security deposit to the assignee. LESSOR shall not pledge or otherwise encumber the security deposit except in connection with an assignment of all LESSOR'S rights and obligations under this lease and only then on the condition assignee agrees in writing to 69 recognize all rights and privileges of LESSEE under this Lease and to be bound by all terms and conditions of this Agreement or at Lessor’s reasonable request LEASE. Said security deposit shall be held by LESSOR for the benefit of LESSEE in writing, an insured (for the Lessee shall deliver to Lessor copy full amount of the audited financial statements deposit), interest bearing account with any interest thereon paid to LESSEE on a semi-annual basis." Please have this letter executed and returned to me as soon as possible. I will then get a signed counterpart back to you. Thank you. Sincerely, /s/ Alla▇ ▇. ▇▇▇▇▇ ▇▇la▇ ▇. ▇▇▇▇▇ ▇▇▇tner ARJ:emg AGREED TO BY: LeukoSite Inc.: BY: /s/ C.S. ▇▇▇▇▇▇▇▇▇ -------------------------- President, Duly Authorized /s/ Bob ▇▇▇▇▇▇▇▇ -------------------------- Controller, Duly Authorized 70 [LOGO] Athenaeum Realty Nominee Trust: /s/ Robe▇▇ ▇. ▇▇▇▇▇ --------------------------- Robe▇▇ ▇. ▇▇▇▇▇, ▇▇ustee /s/ K. Geor▇▇ ▇▇▇▇▇▇▇▇ --------------------------- K. Geor▇▇ ▇▇▇▇▇▇▇▇, ▇▇ustee 71 EXHIBIT A "LEASED PREMISES" [GRAPHIC OMITTED] THE ATHENAEUM HOUSE 215 ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ First Floor 72 EXHIBIT A "LEASED PREMISES" [GRAPHIC OMITTED] THE ATHENAEUM HOUSE 215 ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ Second Floor 73 EXHIBIT A "LEASED PREMISES" [GRAPHIC OMITTED] THE ATHENAEUM HOUSE 215 ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ Lower Level 74 EXHIBIT B "LOT" [GRAPHIC OMITTED] THE ATHENAEUM HOUSE 215 ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ First Floor 75 EXHIBIT C Landlord and Mortgagee Waiver and Consent THIS Waiver and Consent; dated as of Lessee and/or the Guarantor corresponding to _______ day of ______, 19___ made by _____________ (the preceding year. Provided that if Lessor"Landlord"), based on such financial statements, reasonably and justifiably determines that due to ________________ (the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purpose."Mortgagee");

Appears in 1 contract

Sources: Sublease (Interliant Inc)

Security Deposit. The Lessee states that its Guarantor has executed the Guaranty deposited with the Lessor, and Lessor hereby ---------------- acknowledges receipt of, $ One Thousand Four Hundred Thirty and 80/100 Dollars ----------------------------------------------------- ($1,430.80) (the "Security Deposit") which guarantees shall be held by Lessor, --------- ---------------- without accrual of Interest, as security for the faithful performance by Lessee of all of the obligations the Lessee has assumed in the terms of this Lease and, upon signing this Agreement, Lessee shall deliver such Guaranty to and not as an advance rent deposit or a measure of Lessor's damages in the Lessor. Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any case of its obligations under the Lease, Lessor may apply the Security Deposit on account of such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. Such Security Deposit shall not be mortgaged, assigned, transferred or encumbered by Lessee without the express prior written consent of Lessor. If Lessee shall fail to perform any of the terms of this Lease, then Lessor, at its option and without prejudice to any other remedy which Lessor applies may have on account thereof, may appropriate and apply all or any part of the Security Deposit, Deposit toward the payment of any Rent or additional sum due hereunder or to any loss or damage sustained by Lessor due to such breach on the part of Lessee, immediately after notice from Lessor, shall deposit with Lessor the amount so applied so that Lessor shall have the full Security Deposit available at all times during the Term of this Lease. Likewise, in case of Rent increases in terms of this Agreement, the ; and Lessee shall immediately deposit to Lessor the amount that may be necessary in order for forthwith upon demand restore the Security Deposit to be equal the original sum deposited. Any funds paid by Lessee to 2 (two) months Lessor as part of current Rent at all times during the Term Security Deposit or as a deposit or advance pursuant to the terms of this Lease, provided that if or any exhibit, addendum or modification hereto, may be commingled with other funds of Lessor and need not be placed in trust, deposited in escrow or otherwise held in a segregated account. Should Lessee complies comply with all of the terms, covenants terms hereof and conditions promptly pay all of this Leasethe rentals and all other sums payable by Lessee to Lessor as they become due, the Security Deposit (or any balance thereof) shall be returned in full to Lessee not later than forty-five (45) calendar within 30 days after the delivery of possession end of the entire Leased Property to Lessor in accordance with Term. In the terms event of this Agreement. Additionallya bankruptcy or other creditor/debtor proceeding against Lessee, during each year of the Term of this Agreement or at Lessor’s reasonable request in writing, the Lessee shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit shall be deemed to fully guarantee Lessee’s obligations derived from this Agreement, be first applied to the Lessee shall improve and/or substitute, as payment of Rent and other charges due Lessor for all periods prior to the case filing of such proceedings. Lessor may be, the Guaranty and/or deliver the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following any other deposit made hereunder by Lessee to the notification purchaser of Lessor's interest in writing delivered by all or any part of the Project and thereupon Lessor for said purposeshall be discharged from any further liability with respect to such deposit; and this provision shall also apply to any subsequent transferee of Lessor.

Appears in 1 contract

Sources: Commercial Lease (Hiway Technologies Inc)

Security Deposit. The Lessee states that its Guarantor has executed the Guaranty with the Lessor, which guarantees all of the obligations the Lessee has assumed in the terms Upon execution of this Lease and, upon signing this Agreement, Lessee shall deliver such Guaranty to the Lessor. Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any of its obligations under the Lease, Lessor may apply the Security Deposit on account of such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security DepositTenant shall furnish, Lessee, immediately after notice from Lessor, shall deposit with Lessor the amount so applied so that Lessor shall have the full Security Deposit available and (except as otherwise provided in this Section 4.03) maintain in effect at all times during the Term hereof, an irrevocable standby letter of credit in the initial amount of $4,134,342.00 as security for the timely performance of Tenant’s obligations hereunder, in substantially the form set forth on Exhibit “J” hereto (the “Letter of Credit”). Landlord may draw upon the Letter of Credit in part upon any Default by Tenant (which continues beyond the notice and cure periods) to the extent necessary to cover the sums in (i) and (ii) below. In the event that Landlord draws on such letter of credit following a Default by Tenant, Landlord shall apply the proceeds thereof to the extent required (i) to the cost of curing such Default then existing and uncured, and (ii) if this Lease or Tenant’s right to possession of the Premises is terminated as the result of such Default, to any and all other damages to which Landlord may be entitled under this Lease. LikewiseTenant shall restore the Letter of Credit to the amount existing prior to such partial draft within ten (10) business days following Tenant’s receipt of notice from Landlord of such partial draft, failing which Landlord may draw the entire remaining amount available under such Letter of Credit provided Landlord complies with the provisions below. Additionally, in case the event that the issuing bank notifies Landlord that it will not renew the Letter of Rent increases Credit, then Tenant shall have the right to substitute a Letter of Credit from another financial institution reasonably acceptable to Landlord prior to the expiration date, failing which Landlord shall have the right to draw the balance then existing under the Letter of Credit. Additionally, Tenant may at any time replace the Letter of Credit with a Letter of Credit from another financial institution reasonably acceptable to Landlord. Any amount so drawn by Landlord and not applied by Landlord as provided in terms (i) and (ii) of the preceding paragraph shall be held as an interest bearing security deposit for the timely performance of Tenant’s obligations hereunder (“Security Account”). Such amount shall be held by Landlord in trust and in a separate bank account which shall not be commingled with Landlord’s other funds. Such amount shall not constitute an advance payment of rent. Interest earned thereon shall be for Tenant’s benefit and Landlord shall arrange for interest thereon to be paid to Tenant as requested by Tenant, except to the extent used to replenish partial drafts. Payment of amounts due under this AgreementLease from the proceeds of a draw under the Letter of Credit will not relieve Tenant of the obligation to pay such amount or prevent Tenant’s failure to make such payment from constituting a Default by Tenant, except to the Lessee shall immediately deposit extent Tenant restores the Letter of Credit to Lessor the amount that may be necessary existing prior to Landlord’s partial draft thereon (in order for which event the sums held in the Security Deposit Account shall be returned to be equal to 2 Tenant within fifteen (two15) months days thereof). Landlord may assign its interest in the Letter of current Rent at all times during the Term Credit only in connection with an assignment of this Lease, provided it being understood and agreed that if Lessee complies Landlord may make an absolute or collateral assignment of the Letter of Credit in connection with all a financing or refinancing of the terms, covenants and conditions Project. Within fifteen (15) days after the expiration or earlier termination of this Lease, Lease the Letter of Credit or sums in the Security Deposit Account (or any balance thereofas applicable) shall be returned to Lessee Tenant. The amount of the Letter of Credit required shall be reduced (the “Pro-Rata Reduction”) as of each anniversary of the Commencement Date by an amount equal to one-eleventh (1/11) of the full initial amount thereof; provided, however, that each such reduction shall be conditioned upon Tenant’s net worth or shareholders’ equity (as applicable) upon each anniversary of the Commencement Date being not later less than fortyTwo Hundred Thirty-Five Million Dollars ($235,000,000), as reflected on the most recent Form 10K or Form 10Q filed pursuant to applicable securities laws. In addition to the foregoing, the amount of the Letter of Credit required shall also be reduced (a “Net Worth Reduction”) to: (a) seventy-five percent (4575%) calendar days after the delivery of possession of the entire Leased Property to Lessor in accordance with then-existing amount thereof at such time as Tenant’s net worth or shareholders’ equity (as applicable) equals or exceeds Three Hundred fifty Million Dollars ($350,000,000); (b) fifty percent (50%) of the terms then-existing amount thereof at such time as Tenant’s net worth equals or exceeds Four Hundred Million Dollars ($400,000,000); and (c) twenty-five percent (25%) of this Agreementthe then-existing amount thereof at such time as Tenant’s net worth or shareholders’ equity (as applicable) equals or exceeds Four Hundred Fifty Million Dollars ($450,000,000). Additionally, during each year Tenant’s obligation to maintain the Letter of Credit shall terminate at such time as Tenant’s net worth or shareholders’ equity (as applicable) equals or exceeds Five Hundred Million Dollars ($500,000,000), in which event Landlord shall return the Term Letter of Credit to Tenant within fifteen (15) days of Tenant’s request. As used in this Agreement paragraph, Tenant’s net worth or at Lessor’s reasonable request shareholders’ equity (as applicable) shall be the net worth or shareholders’ equity (as applicable) reflected in writing, the Lessee shall deliver Form 10K or Form 10Q required to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the be filed by applicable securities laws immediately preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitutereduction or termination, as the case may be. It is understood and agreed that the Pro-Rata Reduction shall not be applicable if upon any anniversary of the Commencement Date the amount of the Letter of Credit has been reduced to an amount less than what the Pro-Rata Reduction would effect, by virtue of Tenant’s previously having qualified for a Net Worth Reduction. It is also understood and agreed that if Landlord holds sums in the Security Account, the Guaranty and/or Pro Rata Reduction and the Net Worth Reduction shall also apply to the Security Deposit in accordance with Account, and Landlord shall pay to Tenant the foregoing and amounts which are so reduced within the 30 fifteen (thirty15) days following of the occurrence of the Pro Rata Reduction or the Net Worth Reduction (as applicable). Further, in no event shall the Letter of Credit or Security Account be increased for any reason once either has been reduced as the result of a Pro Rata Reduction or a Net Worth Reduction. Notwithstanding anything to the notification contrary contained herein, in writing delivered by Lessor determining Tenant’s shareholders’ equity for said purposepurposes of this Section 4.03, (i) non-cash charges to Tenant’s income statement or balance sheet from mergers and/or acquisitions shall be added back to Tenant’s shareholders’ equity for purposes hereof, and (ii) any reduction to shareholders’ equity as a result of Tenant entering into a merger and/or acquisition accounted for as a pooling of interests shall be added back to Tenant’s shareholders’ equity for purposes hereof. Upon the occurrence of a Pro Rata Reduction or a Net Worth Reduction, Tenant shall be permitted to provide Landlord with either (i) a substitute Letter of Credit for the reduced amount, in which event Landlord shall return the existing Letter of Credit to Tenant within fifteen (15) days of receipt of the new Letter of Credit, or (ii) an amendment to the Letter of Credit, in which event Landlord will sign the amendment and return it to Tenant within fifteen (15) days of receipt of the amendment.

Appears in 1 contract

Sources: Lease (I2 Technologies Inc)

Security Deposit. The Lessee states that its Guarantor has executed the Guaranty LESSEE, contemporaneously with the Lessor, which guarantees all of the obligations the Lessee has assumed in the terms of this Lease and, upon signing this Agreement, Lessee shall deliver such Guaranty to the Lessor. Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any of its obligations under the Lease, Lessor may apply the Security Deposit on account of such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security Deposit, Lessee, immediately after notice from Lessor, shall deposit with Lessor the amount so applied so that Lessor shall have the full Security Deposit available at all times during the Term of this Lease. Likewise, in case of Rent increases in terms of this Agreement, the Lessee shall immediately deposit to Lessor the amount that may be necessary in order for the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term execution of this Lease, provided has deposited with LESSOR the sum of Thirteen Thousand Four Hundred Sixteen Dollars Sixty Seven Cents ($13,416.67), receipt of which is hereby acknowledged by LESSOR. In the event that if Lessee complies with LESSEE commences occupancy of the Premises upon receipt of notice that LESSOR'S work has been completed and otherwise commences performing LESSEE'S obligations as LESSEE under this Lease, then Six Thousand Two Hundred Twenty Nine Dollars Seventeen Cents ($6,229.17) of the deposit shall be applied to the first full month's Minimum Rent due hereunder. The balance of said deposit shall be held by LESSOR, without liability for interest, as security for the faithful performance by LESSEE of all of the terms, covenants, and conditions of this Lease by said LESSEE to be kept and performed during the term hereof. If at any time during the term of this Lease any of the rent herein reserved shall be overdue and unpaid, the LESSOR may, at the option of the LESSOR, upon written notice to LESSEE, appropriate and apply any portion of said deposit to the payment of any such overdue rent or other sum. In the event of the failure of LESSEE to keep and perform any of the terms, covenants and conditions of this Lease to be kept and performed by LESSEE, then the LESSOR at its option, upon written notice to LESSEE, may appropriate and apply said entire deposit or so much thereof as may be necessary, to compensate the LESSOR for loss or damage sustained or suffered by LESSOR due to such breach on the part of LESSEE. Should the entire deposit, or any portion thereof, be appropriated and applied by LESSOR payment of overdue rent for the payment of overdue rent or other sums due and payable to LESSOR by LESSEE hereunder, then LESSEE shall, upon the written demand of LESSOR, forthwith remit to LESSOR a sufficient amount in cash to restore said security to the original sum deposited (less any amount applied to the first month's rent), and LESSEE'S failure to do so within five (5) days after receipt of such demand shall constitute a breach of this Lease. The said deposit, the Security Deposit including any additions thereto (or any the balance thereof) thereof not applied to the first months rent or obligations of LESSEE provided for herein), shall be returned in full to Lessee not later than forty-five (45) calendar days after LESSEE at the delivery of possession end of the entire Leased Property to Lessor in accordance with the terms term of this Agreement. Additionally, during each year of the Term of this Agreement or at Lessor’s reasonable request in writing, the Lessee shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purposeLease.

Appears in 1 contract

Sources: Lease Agreement (Harvard Bioscience Inc)

Security Deposit. The Lessee states (a) At least one (1) week before the commencement of any rehearsal, engagement or series of engagements or at least one (1) week before the ARTIST commences to travel in pursuance of any engagements, or series of engagements, whichever is earlier, the Employer shall deposit with AGMA, at ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, not less than full compensation for all ARTISTS engaged by the EMPLOYER for said engagement or series of engagements. (b) This security deposit shall represent a guarantee by the EMPLOYER that it will faithfully fulfill its Guarantor has executed the Guaranty with the Lessor, which guarantees all of the obligations the Lessee has assumed in under the terms of this Lease and, upon signing this Agreement, Lessee shall deliver Basic Agreement or under the terms of any agreement entered into in writing between the EMPLOYER and any ARTIST. (c) AGMA agrees to return such Guaranty security deposit two (2) weeks after notice by the EMPLOYER to AGMA that any engagement or series of engagements has been terminated and that every ARTIST has been returned to the Lessor. Furthermorecity of origination, Lessee shall deposit the Security Deposit with Lessor upon signing less an amount equivalent to any claims filed or any arbitration instituted as provided in this Basic Agreement. If Lessee does not fulfill any of its obligations under the Lease, Lessor may apply the Security Deposit on account of such obligation or to reimburse Lessor for any sum . (d) The EMPLOYER agrees that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security Deposit, Lessee, immediately after notice from Lessor, shall deposit with Lessor the amount so applied so that Lessor AGMA shall have the full Security Deposit available at all times during right to use the Term funds in the security deposit account without any requirement of this Lease. Likewise, consent by the EMPLOYER to fulfill any obligation of the EMPLOYER for failure to pay such compensation due under the Standard Artist’s contracts or in case order to return ARTISTS to the city of Rent increases in terms origination where such transportation has not been furnished by the EMPLOYER. (e) In lieu of this Agreementthe security deposit described above, the Lessee shall immediately deposit EMPLOYER shall, no less than two days prior to Lessor the amount that may be necessary in order for the Security Deposit first performance of any production (whether a single engagement or otherwise) deliver or cause to be equal delivered to 2 (two) months of current Rent at AGMA a payroll spreadsheet showing all times during the Term of this LeaseARTISTS by name with gross pay, provided deductions, and net pay for each ARTIST, together with a notice from its bank and/or entity responsible for dispensing EMPLOYER’S payroll, showing that if Lessee complies with sufficient funds are available to pay each such ARTIST all the terms, covenants and conditions of this Lease, the Security Deposit (or any balance thereof) amounts due. Notice to AGMA shall be returned by fax or mail so long as receipt is timely. In the event that the EMPLOYER fails to Lessee not later than forty-five (45) calendar days after strictly comply with the delivery of possession requirements set forth in this paragraph, EMPLOYER shall be in breach of the entire Leased Property ARTISTS’ contract, no ARTISTS shall be required to Lessor in accordance with perform for such engagement(s); however, EMPLOYER shall be liable for all compensation, benefits, ARTISTS’ payment of dues to AGMA and any other payments due under the terms of this Agreement. Additionally, during each year of the Term of this Agreement or at Lessor’s reasonable request in writing, the Lessee shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on individuals’ ARTISTS’ contracts for such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purposeengagement(s).

Appears in 1 contract

Sources: Standard Concert Singers Basic Agreement

Security Deposit. The Lessee states that its Guarantor has executed 4.1 A sum @ 10% of the Guaranty gross amount of the bill shall be deducted from each running bill of the contractor till the sum along with the Lessor, which guarantees all sum already deposited as the ▇▇▇▇▇▇▇ money will amount to security deposit of 5% of the contract value of work. Bank guarantee will not be accepted as security deposit. 4.2 The total security deposit shall remain with IWAI till the completion of the contract and handing over of the Survey Vessels back to IWAI or the payment of the final bill payable in accordance with agreement conditions whichever is later, provided the Engineer-in-Charge is satisfied that there is no demand outstanding against the contractor. 4.3 No interest will be paid on security deposit. 4.4 If the contractor neglects to observe or fails to perform any of his obligations under the Lessee has assumed contract, it shall be lawful for the Employer/ EIC to forfeit either in whole or in part, the security deposit furnished by the contractor. However, if the contractor duly performs and completes the contract in all respects and presents in absolute "NO DEMAND CERTIFICATE” in the prescribed form, the IWAI shall refund the security deposit to the contractor after deduction of cost and expenses that the Authority may have incurred and other money including all losses and damages which the Authority is entitled to recover from the Contractor. 4.5 In case of delay in the progress of work, the Engineer- in-Charge shall issue to the contractor a memo in writing pointing out the delay in progress and calling upon the contractor to explain the causes for the delay within 3 days of receipt of the memo and 10 days from issuance of memo whichever is earlier. If the Engineer-in-Charge is not satisfied with the explanations offered, he may forfeit the security deposit and / or withhold payment of pending bills in whole or in part and/ or get the measures of rectification of progress of work accelerated to the pre-defined level at the risk and cost of the contractor. Delay due to Force majeure as in the clause no. 23 will not be counted for forfeiture of SD. 4.6 All compensation or other sums of money payable by the contractor under the terms of this Lease andthe contract or any other contract or on any other account whatsoever, upon signing this Agreement, Lessee shall deliver such Guaranty to may be deducted from or paid by the Lessor. Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any sale of its obligations under the Lease, Lessor may apply the Security Deposit on account of such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any a sufficient part of his security or from the Security Deposit, Lessee, immediately after notice interest arising there from Lessor, shall deposit with Lessor the amount so applied so that Lessor shall have the full Security Deposit available at all times during the Term of this Lease. Likewise, in case of Rent increases in terms of this Agreement, the Lessee shall immediately deposit to Lessor the amount that or from any sums which may be necessary in order for the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term of this Lease, provided that if Lessee complies with all the terms, covenants and conditions of this Lease, the Security Deposit (due or any balance thereof) shall be returned to Lessee not later than forty-five (45) calendar days after the delivery of possession of the entire Leased Property to Lessor in accordance with the terms of this Agreement. Additionally, during each year of the Term of this Agreement or at Lessor’s reasonable request in writing, the Lessee shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that may become due to the economic solvency contractor by the Authority on any account whatsoever. Also in the event of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lesseecontractor’s obligations derived from this Agreement, the Lessee shall improve and/or substitutesecurity deposit being reduced by reasons of such deductions or sale, as aforesaid the case contractor shall, within 14 days of receipt of notice of demand from the Engineer-in-Charge make good the deficit in his security deposit. 4.7 Incase the contractor fails to commence the operation after handing over of the Survey launch to him or when the contractor has defaulted for more than thirty days or when any amount is to be recovered from the contractor as penalty or deduction and the contractor fails to remit such amount even after due notice is given to him in this regard, ▇▇▇▇ at its own discretion may be, encash the Guaranty and/or Bank Guarantee furnished as performance guarantee and /or recover the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purposesum from his security deposit.

Appears in 1 contract

Sources: Tender Agreement

Security Deposit. .1 The Lessee states that its Guarantor has executed LESSEE shall deposit a refundable one time interest-free Security Deposit of Rs.1,52,82,000/- [Rupees One Crore Fifty Two Lakhs and Eighty Two Thousand only] equivalent to nine (9) months rent in the Guaranty form of a cheque at the time of signing the Deed. On the expiry or sooner determination of the Deed, the LESSOR shall refund the deposit simultaneously on the LESSEE vacating the Demised Premises and handing over the vacant peaceful possession of the Demised Premises. Simultaneous refund is allowed provided there are no damages to the Demised Premises, aside from normal wear and tear and there are no dues to the LESSOR for various services. .2 The Security Deposit shall be held by the LESSOR for the duration of the lease and shall immediately upon the expiry or sooner termination of the lease as per the terms hereof, and simultaneously with the Lessor, which guarantees all LESSEE redelivering vacant possession of the obligations the Lessee has assumed in the terms of this Lease and, upon signing this Agreement, Lessee shall deliver such Guaranty said Demised Premises to the Lessor. FurthermoreLESSOR, Lessee be refunded by the LESSOR, to the LESSEE with any unadjusted advance rent and any other amount due to the LESSEE from the LESSOR and after deduction of any accrued and arrears of rent or other charges payable under this Deed. .3 It is hereby expressly agreed that the LESSOR shall deposit not be entitled to demand physical vacant possession of the Demised Premises, unless the LESSOR expresses its readiness and willingness to simultaneously refund in full in one installment the Security Deposit together with Lessor upon signing this Agreement. If Lessee does not fulfill any of its obligations under the Lease, Lessor may apply the Security Deposit on account of such obligation or to reimburse Lessor for unadjusted advance rent and any sum that Lessor may expend other amount due to Lessee's default. the LESSEE from the LESSOR by demand draft. .4 If Lessor applies any part of the LESSOR fails to refund to the LESSEE the Security Deposit, Lessee, immediately after notice from Lessor, shall deposit with Lessor any unadjusted advance rent and any other amount due to the amount so applied so that Lessor shall have the full Security Deposit available at all times during the Term of this Lease. Likewise, in case of Rent increases in terms of this AgreementLESSEE as aforesaid, the Lessee LESSEE shall immediately deposit be entitled to Lessor remain in occupation and possession of the amount that may be necessary in order for Demised Premises till such time as the Security Deposit to be equal to 2 (two) months of current Rent at all times during is refunded with interest charges @ 15% per annum. Such staying over by the Term of this Lease, provided that if Lessee complies with all LESSEE in the terms, covenants and conditions of this Lease, Demised Premises shall not constitute a default by the Security Deposit (or any balance thereof) shall be returned to Lessee not later than forty-five (45) calendar days after the delivery of possession of the entire Leased Property to Lessor in accordance with LESSEE under the terms of hereof. Notwithstanding the aforesaid, it is expressly recorded and mutually agreed that this Agreement. Additionally, during each year of the Term of this Agreement clause or at Lessor’s reasonable request in writing, the Lessee shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding anything else to the preceding year. Provided that if Lessorcontrary, based on such financial statements, reasonably does not and justifiably determines that due shall not be construed or deemed to extend the economic solvency duration of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purposelease.

Appears in 1 contract

Sources: Lease Agreement (Intelligroup Inc)

Security Deposit. The Lessee states that its Guarantor has executed On or before the Guaranty with execution of this agreement, the Lessor, which guarantees all TENANT agrees to pay a security deposit in the amount of $00.00 for the prompt payment of the obligations rent and other amounts due or which may become due hereunder, and the Lessee has assumed in performance of all agreements of the terms of TENANT contained herein. If Tenant does not DEFAULT this Lease andlease, upon signing this Agreement, Lessee shall deliver then such Guaranty deposit is to be refunded to the Lessor. Furthermore, Lessee shall deposit TENANT upon his vacancy from the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any of its obligations under premises at the Lease, Lessor may apply the Security Deposit on account of such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security Deposit, Lessee, immediately after notice from Lessor, shall deposit with Lessor the amount so applied so that Lessor shall have the full Security Deposit available at all times during the Term of this Lease. Likewise, in case of Rent increases in terms of this Agreement, the Lessee shall immediately deposit to Lessor the amount that may be necessary in order for the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term expiration of this Lease, provided that if Lessee complies with or any renewal period thereof, within a fifteen (15) day period or, upon such a case of a deposit claim, a letter of itemized damages or claims must be sent to the TENANT by the LANDLORD within a thirty (30) day period, and, after there have been deducted any and all rental charges and any and all other charges considered to be additionally due to the termsLANDLORD, covenants under the terms hereof, the then remaining balance will be returned. NOTE: The security deposit cannot be used as the last month’s rent! In the event the sums due hereunder by the TENANT to the LANDLORD exceed the security deposit, for repairs aforesaid or under any provisions hereof, then the TENANT agrees to pay the additional sums due over and conditions above said security deposit to the LANDLORD within fifteen (15) days after notification of such sums due to the LANDLORD. In the event of a bonafide sale, subject to this Lease, the Security Deposit (or any balance thereof‘old’ LANDLORD shall have the right to transfer such security deposit to the purchaser(s) for the benefit of the TENANT, and the ‘old’ LANDLORD shall be returned to Lessee not later than forty-five (45) calendar days after considered, and will thereby be, released by the delivery of possession TENANT from all liability for the return of the entire Leased Property to Lessor deposit and for the performance or obligations herein. The TENANT's security deposit will be held in accordance with the terms of this Agreement. Additionally, during each year of the Term of this Agreement or at Lessor’s reasonable request a non-interest bearing escrow account in writing, the Lessee shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purposeRegions Bank.

Appears in 1 contract

Sources: Residential Lease

Security Deposit. The Lessee states that its Guarantor has executed the Guaranty with the Lessor, which guarantees all of the obligations the Lessee has assumed in the terms of this Lease and, upon signing this Agreement, Lessee shall deliver such Guaranty to the Lessor. Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreementexecution hereof Twenty-One Thousand Seven Hundred Seventy-Five and no/100 Dollars ($21,775.00) as security for ▇▇▇▇▇▇'s faithful performance of ▇▇▇▇▇▇'s obligations hereunder. If Lessee does not fulfill fails to pay rent or other charges due hereunder, or otherwise defaults with respect to any provision of its obligations under the Lease, Lessor may apply use, apply, or retain all or any portion of said deposit for the Security Deposit on account payment of such obligation any rent or other charge in default or for the payment of any other sum for which Lessor may become obligated by reason of ▇▇▇▇▇▇'s default, or to reimburse compensate Lessor for any sum that lose or damage which Lessor may expend due to Lessee's defaultsuffer thereby. If Lessor so uses or applies all or any part portion of the Security Depositsaid deposit, Lessee, immediately Lessee shall within ten (10) days after notice from Lessor, shall written demand therefor deposit cash with Lessor the in an amount so applied so that Lessor shall have sufficient to restore said deposit to the full Security Deposit available at all times during the Term amount hereinabove stated, and ▇▇▇▇▇▇'s failure to do so shall be a material breach of this Lease. LikewiseLessor shall not be required to keep said deposit separate from its general accounts. If ▇▇▇▇▇▇ performs all of Lesses's obligations hereunder, in case of Rent increases in terms of this Agreementsaid deposit, the Lessee shall immediately deposit to Lessor the amount that may be necessary in order for the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term of this Leaseor so much thereof as has not theretofore been applied by ▇▇▇▇▇▇, provided that if Lessee complies with all the terms, covenants and conditions of this Lease, the Security Deposit (or any balance thereof) shall be returned returned, without payment of interest or other increment for its use, to Lessee not later than forty-five (45or, at Lessor's option, to the last assignee, if any, of ▇▇▇▇▇▇'s interest hereunder) calendar days after at the delivery of possession of the entire Leased Property to Lessor in accordance with the terms of this Agreement. Additionally, during each year expiration of the Term and after ▇▇▇▇▇▇ has vacated the Premises. Any mortgagee of this Agreement or at Lessor’s reasonable request in writing, the Lessee shall deliver to Lessor copy purchaser of the audited financial statements Project, or beneficiary of Lessee and/or a deed of trust shall be relieved and released from any obligation to return said deposit in the Guarantor corresponding event such mortgagee, beneficiary of deed of trust or purchaser becomes the owner of the Project by reason of foreclosure or trustee's sale (including deed in lieu thereof) or proceeding in lieu of foreclosure or trustee's sale unless said deposit shall have been actually delivered to such mortgagee, beneficiary of deed of trust or purchaser. Such release, however, shall not relieve the preceding year. Provided that if Lessorperson or entity who owned the Project immediately prior to acquisition of title by such mortgagee, based on such financial statements, reasonably and justifiably determines that due beneficiary of deed of trust or purchaser of any obligation he or it may have to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for return said purposedeposit.

Appears in 1 contract

Sources: Standard Commercial Industrial Triple Net Lease (Titan Motorcycle Co of America Inc)

Security Deposit. The Lessee states that its Guarantor has executed hereby deposits the Guaranty sum of Two Thousand Nine Hundred Eighty-Seven Dollars and Twenty-Nine Cents ($2,987.29) with the Lessor, the receipt of which guarantees all is hereby acknowledged, as security for the full and faithful performance by the Lessee of each and every term, covenant and condition of this Lease. Lessee shall maintain the full amount of the obligations security deposit throughout the term of this Lease. In the event that the Lessee has assumed in the terms defaults with respect to any terms, provisions, covenants and conditions of this Lease and, upon signing this Agreement, Lessee shall deliver such Guaranty to the Lessor. Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any of its obligations under the Lease, including but not limited to payment of any rentals, the Lessor may use, apply or retain the Security Deposit on account of such obligation whole or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security Depositsecurity so deposited for the payment of any such rentals in default or for any such sums which Lessor may expend or be required to expend by reason of the Lessee's default, Lesseeincluding any damages or deficiency in the reletting of the Demised Premises, immediately whether such damages or deficiency may accrue before or after notice from summary proceedings or other reentry by the Lessor, shall deposit with Lessor . In the amount so applied so event that Lessor shall have the full Security Deposit available at all times during the Term of this Lease. Likewise, in case of Rent increases in terms of this Agreement, the Lessee shall immediately deposit to Lessor the amount that may be necessary in order for the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term of this Lease, provided that if Lessee complies fully and faithfully comply with all the terms, provisions, covenants and conditions of this Lease, the Security Deposit (security or any the balance thereof) shall thereof will be returned to the Lessee not later than forty-five (45) calendar days after the delivery time fixed as the expiration thereof. The Lessee shall not be entitled to any interest on the security. In the absence of possession evidence satisfactory to the Lessor of any assignment of the entire Leased Property right to receive this security, or the remaining balance thereof, the Lessor in accordance with may return the terms security to the original Lessee, regardless of this Agreement. Additionally, during each year one or more assignments of the Term of this Agreement or at Lessor’s reasonable request in writing, Lease itself. Prior to the time when the Lessee shall deliver be entitled to Lessor copy return of the audited financial statements security deposit, the Lessor shall be entitled to intermingle such deposit with its own funds and to use such funds for purposes as the Lessor may determine. In the event of Lessee and/or a bona fide sale, subject to this Lease, the Guarantor corresponding Lessor shall have the right to transfer the security deposit to the preceding year. Provided that if Lessorvendee for the benefit of the Lessee, based on and the Lessor shall be considered released by the Lessee from all liability for return of such financial statementssum, reasonably and justifiably determines that due the Lessee agrees to look to the economic solvency new landlord solely for the return of Lessee and/or the Guarantor its necessary security, and it is agreed that this apply to improve and/or substitute every transfer or assignment made of the Guaranty and/or the Security Deposit security to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purposea new landlord.

Appears in 1 contract

Sources: Lease (Skillsoft Public Limited Co)

Security Deposit. A security deposit shall be held by the Lessor as security for the full and faithful performance by the Lessee of the terms, conditions and covenants of this Lease. Said deposit to earn passbook savings while in Lessor's possession, provided, that all or any portion of that deposit is not used to pay bad or delinquent debts thereby negating any cumulative interest earned. The Lessee states that its Guarantor has executed the Guaranty with initial security deposit shall be $ N/A. The amount of security may be increased at any time by the Lessor, which guarantees in its sole discretion, to any amount equal to at least two (2) month's rent, and gasoline receipts for a 7-day period (one week). The Lessor may, but is not required to, appropriate and apply all or any portion or the security deposit for any or all of the obligations following items including, but not limited to: (a) The payment of the overdue rent or other sums constituting rent hereunder. IT IS UNDERSTOOD AND AGREED THAT THE SECURITY DEPOSIT IS NOT TO BE CONSTRUED AS THE LAST PAYMENT OF RENT UNDER THIS LEASE. (b) Amounts necessary to effect repairs or maintenance that the Lessee has assumed in failed to make as required pursuant to the terms of this Lease. (c) Amounts reasonably necessary to put the premises in a clean condition, if the Lessee during the term of this Lease andor on the termination thereof does not leave the leased premises in a reasonably clean condition. (d) Any amount necessary to insure the full and faithful performance by the Lessee of the terms, upon signing conditions, and covenants of this Agreement, Lease. (e) Any amount owed by Lessee shall deliver such Guaranty to Lessor on any obligation whatsoever of Lessee to Lessor. The Lessor is not restricted to the Lessor. Furthermoresecurity deposit as its damages in the event the Lessee defaults or fails to perform the terms, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any of its obligations under the Leaseconditions, Lessor may apply the Security Deposit on account of such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security Deposit, Lessee, immediately after notice from Lessor, shall deposit with Lessor the amount so applied so that Lessor shall have the full Security Deposit available at all times during the Term and covenants of this Lease. LikewiseIf, in case of Rent increases in terms during the term of this AgreementLease the Lessor applies any portion of the security deposit for any of the items mentioned heretofore or hereafter, the Lessee shall immediately restore the security deposit to its original amount by paying said amount to the Lessor. Lessor shall return to Lessee at the amount that may be necessary in order for expiration of the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term term of this Lease, provided that if any refund due Lessee complies with all the termsof Lessee's security deposit, covenants and conditions of this Lease, the Security Deposit (or any balance thereof) shall be returned to Lessee not later than forty-five (45) calendar days after the delivery of possession of the entire Leased Property to Lessor in accordance with the terms of this Agreement. Additionally, during each year following schedule: 25% of the Term security deposit owed will be returned within thirty (30) days of this Agreement or at expiration if Lessee bas paid all obligations owed to Lessor’s reasonable request in writing, : the Lessee shall deliver to Lessor copy remaining 75% of the audited financial statements security deposit owed will be returned within 120 days of expiration if Lessee and/or the Guarantor corresponding has paid all obligations owed to the preceding yearLessor. Provided that Lessor may, at its option, refund Lessee's security balance more quickly if Lessor deems itself adequately protected as to Lessee's contingent obligations to Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purposeincluding unpaid utility bills.

Appears in 1 contract

Sources: Lease Agreement (NAS Acquisition Inc)

Security Deposit. The Lessee states that its Guarantor has executed (a) Before the Guaranty with the Lessor, which guarantees all of the obligations the Lessee has assumed in the terms of this Lease and, upon signing this AgreementDelivery Date, Lessee shall deliver such Guaranty pay to Lessor the Lessor. Furthermore, Lessee shall deposit aggregate amount of the Security Deposit with (the "Cash Deposit") in immediately available funds, as follows: (i) Lessor hereby acknowledges receipt of the Initial Deposit; (ii) the Additional Deposit is payable by Lessee upon signing its execution of this AgreementLease; and (iii) the Final Deposit is payable by Lessee not later than two (2) Business Days prior to the Delivery Date. If Lessee The Cash Deposit shall be nonrefundable unless (x) the Aircraft suffers a total loss prior to the Delivery Date or (y) the Aircraft suffers material deterioration to the agreed delivery condition thereof as set forth in Letter Agreement No. 1 prior to the Delivery Date and Lessor does not fulfill undertake to correct or cause the correction of such material deterioration within 30 days after the projected delivery date of February 18, 2000. Notwithstanding the foregoing and subject to the delivery of the sixth Boeing 737-200 Advanced aircraft to Lessee from Lessor as contemplated by the LOI, and so long as no Default or Event of Default has occurred and is continuing hereunder, Lessee may substitute an irrevocable freely transferable letter of credit in the amount of the Final Deposit, in form and substance and from a U.S. bank reasonably acceptable to Lessor for the equivalent amount of the Cash Deposit ("Letter of Credit") which Letter of Credit together with the balance of the Cash Deposit shall comprise the Security Deposit. Within five (5) Business Days of Lessor's receipt of the Letter of Credit, Lessor shall promptly return the amount of the Final Deposit to Lessee. (b) The Security Deposit shall be held by Lessor as security for the timely payment by Lessee of all amounts payable by it hereunder, under each other Operative Agreement and any other aircraft lease agreement between Lessor or any of its Affiliates and Lessee or any of its Affiliates ("Other Lease Agreement"), so long as Lessor and/or any of its Affiliates has an interest hereunder and under any such Other Lease Agreement, and the due and punctual performance by Lessee of all of its obligations hereunder and thereunder, and Lessee hereby assigns, transfers and pledges to Lessor, and hereby grants to Lessor a first-priority security interest in, the Security Deposit to secure such payment and such performance. Lessee shall not assign, transfer, pledge or otherwise dispose of any of its rights or interests in the Security Deposit except as provided in the preceding sentence. (c) The Security Deposit may be assigned, pledged, or charged by Lessor to or in favor of any Permitted Transferee. Interest shall accrue on the Cash Deposit at the simple interest rate (i.e., no compounding) of three percent (3%) per annum, and such interest shall be retained in the Cash Deposit. Upon Lessee's request, Lessor shall provide to Lessee on or before January 31 of each year during the Term (or within 30 days of such request in the event that Lessee makes such request after January 1 of any year during the Term). (d) If an Event of Default occurs, in addition to all other rights Lessor shall have as a secured party under the Leaseapplicable law, Lessor may apply the Security Deposit on account of such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's defaultas provided in Section 13.15 hereof. If Lessor applies all or any part portion of the such Security Deposit, Lesseesuch application shall not be deemed a cure of any such Event of Default, immediately unless Lessee shall within three (3) Business Days after notice from Lessor, shall deposit with written demand therefor by Lessor cause the Cash Deposit to be restored to its original amount of $220,000 or the amount so applied so that Lessor shall have of the full Security Final Deposit if a Letter of Credit has been furnished by Lessee and either (i) cause the credit available at all times during under the Term Letter of this Lease. Likewise, in case Credit comprising a portion of Rent increases in terms of this Agreement, the Lessee shall immediately deposit to Lessor the amount that may be necessary in order for the Security Deposit to be equal restored to 2 its original level or (twoii) months cause a new Letter of current Rent at all times during Credit to be issued by a bank reasonably acceptable to the Term Lessor in the original amount. The failure of Lessee to do so shall be an Event of Default under this Lease, provided that if Lessee complies . The Cash Deposit may be commingled with all the terms, covenants other amounts of Lessor (or its designee). The Letter of Credit and conditions of this Lease, Cash Deposit (including accrued interest) comprising the Security Deposit (or any balance thereof) shall be released or returned to Lessee not later than forty-by Lessor, within five (455) calendar Business Days of the expiration or earlier termination of this Lease and performance by Lessee of all its obligations hereunder, and the Letter of Credit shall expire no earlier than 30 days after the delivery of possession return of the entire Leased Property Aircraft to Lessor in accordance with the terms of this Agreement. Additionally, during each year of the Term of this Agreement or at Lessor’s reasonable request in writing, the Lessee shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purpose.

Appears in 1 contract

Sources: Aircraft Lease Agreement (Vanguard Airlines Inc \De\)

Security Deposit. The aggregate rent for any Equipment during the Original Term is the amount specified therefor in each Schedule and/or Master Lease Letter Agreement and is payable by Lessee states that its Guarantor has executed to Lessor in the Guaranty with number and amount of payments specified therein. Notwithstanding the Lessor, which guarantees all time of delivery or acceptance of the obligations Equipment by Lessee, the first payment of rent therefor will be due and payable by Lessee has assumed to Lessor as indicated in the terms "Commencement Date" field on the Schedule and/or Master Lease Letter Agreement; all subsequent payments of this rent during the Original Term will be due and payable by Lessee to Lessor in such monthly payments due on the same day of each month thereafter (or other calendar period indicated) in each Schedule and/or Master Lease and, upon signing this Letter Agreement, Lessee shall deliver such Guaranty to until the Lessor. Furthermoreaggregate rent due thereunder is paid in full, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any (b) Upon receipt of its obligations under the Lease, Lessor may apply the Security Deposit on account of such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security Deposit, Lessee, immediately after written notice from Lessor, Lessee agrees to make all rental payments (both original and renewal) in cash or by certified or cashiers' check. All rental payments (both original and renewal) shall be made by Lessee to Lessor at the office of Lessor at Flying Hills Corporate Center, ▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇.▇. ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇, or at such other place or places as Lessor may designate in writing to Lessee, (c) Lessee will, concurrently with its execution and delivery of each Schedule and/or Master Lease Letter Agreement, if required by Lessor, deposit with Lessor Lessor, as a security deposit, the amount so applied so that specified therefor on the Schedule and/or Master Lease Letter Agreement. To secure the payment of "Lessee's Obligations" (hereinafter defined), Lessee hereby grants Lessor shall have a security interest in said security deposit, and at the full Security Deposit available at all times during end of the Term of this Lease. LikewiseOriginal Term, in case of Rent increases in terms of this Agreement, the Lessee shall immediately deposit to Lessor the amount that may be necessary in order for the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term of this Leaseif any, provided that if there is then no existing Event of Default and Lessee complies with has performed all of the terms, covenants terms and conditions of this LeaseLease and the Schedule and/or Master Lease Letter Agreement to be performed by Lessee. Lessor shall return the security deposit to Lessee, (d) Subject to paragraph 27 hereof, Lessee's obligation to pay rent is for the Security Deposit (full Original Term, is unconditional and is payable without notice or demand and without any balance thereof) shall be returned to Lessee not later than fortyabatement, deduction or set-five (45) calendar days after the delivery off of possession of the entire Leased Property to Lessor in accordance with the terms of this Agreementany nature. Additionally, during each year of the Term of this Agreement or at Lessor’s reasonable request in writing, the Lessee shall deliver have no right to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding any interest from any security deposit, and waives any claim to the preceding year. Provided that if Lessor, based on any such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived interest or profits from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purposesuch security deposit.

Appears in 1 contract

Sources: Master Lease Agreement (Regeneration Technologies Inc)

Security Deposit. The Lessee states that its Guarantor has executed shall provide Lessor with a security deposit in the Guaranty with aggregate amount of USD$ 139,000 (the Lessor, which guarantees "SECURITY DEPOSIT") to be paid as set forth herein as security for the timely and faithful performance by Lessee of all of Lessee's obligations under this Lease. Prior to the obligations the Lessee has assumed in the terms execution of this Lease and, upon signing this Agreement, Lessee shall deliver such Guaranty have provided to Lessor a good faith cash deposit in the Lessoramount of USD$ 50,000. FurthermoreUpon the execution and delivery by Lessor and Lessee of this Agreement, Lessee shall provide to Lessor an additional cash deposit the Security Deposit with of USD$ 89,000. Lessee hereby creates and grants to Lessor upon signing this Agreement. If Lessee does not fulfill any of its obligations under the Leaseand to ING a lien on and security interest in all monies, Lessor may apply the Security Deposit on account of such obligation or securities, accounts, and investments from time to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of time comprising the Security Deposit, Lessee, immediately after notice from Lessor, shall deposit with Lessor the amount so applied so that Lessor shall have as security for the full Security Deposit available at and timely payment and performance of its obligations hereunder and under the other Lease Documents and the Other Leases. Lessee agrees to execute and file with the appropriate governmental entities any and all times during documents necessary or reasonably requested by Lessor to evidence and perfect such security assignment in favor of Lessor. If Lessee fails to pay Rent hereunder when due or to pay any other sums due or to perform any of the Term other terms and provisions of this Lease. Likewise, any other Lease Document or any Other Lease, or is otherwise in default hereunder or thereunder, in case addition to all other rights Lessor or ING shall have hereunder or under applicable law, Lessor or ING may use, apply or retain all of Rent increases any portion of the Security Deposit in terms partial payment for sums due to Lessor or ING by Lessee, to compensate Lessor or ING for any sums it may in its discretion advance as a result of this Agreementa default by Lessee or to apply toward losses or expenses Lessor or ING may suffer or incur as a result of Lessee's default hereunder or otherwise in satisfaction of Lessee's obligations. If Lessor or ING uses or applies all of any portion of such Security Deposit, the such application shall not be deemed a cure of any Defaults, and Lessee shall immediately within five (5) days after written demand therefor provide ING with an additional cash deposit in an amount sufficient to Lessor the amount that may be necessary in order for restore the Security Deposit to USD$ 139,000 and otherwise issued on such terms as are approved by Lessor and failure of Lessee to do so shall be equal to 2 (two) months of current Rent at all times during the Term a material breach of this LeaseLease by Lessee. Provided no Default shall have occurred, provided that if such Security Deposit, less only those costs directly incurred by Lessor in connection with the termination of the Lease or return of the Aircraft, which cost by the terms hereof are the obligation of Lessee complies with all or for the termsaccount of Lessee, covenants and conditions of this Lease, the Security Deposit (or any balance thereof) shall be returned to Lessee not later than forty-five (45) calendar days after the delivery of possession terminated and released by Lessor upon Lessee's return of the entire Leased Property to Lessor in accordance with Aircraft at the terms of this Agreement. Additionally, during each year end of the Lease Term of this Agreement or at Lessor’s reasonable request in writing, the compliance with Clause 15 hereof. Lessee shall deliver not be entitled to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based any interest earned on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the any Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purposeDeposit.

Appears in 1 contract

Sources: Lease Agreement (Pan Am Corp /Fl/)

Security Deposit. (a) The Lessee states that its Guarantor has executed the Guaranty with the Lessor, which guarantees all of the obligations the Lessee has assumed in the terms requisite security deposit will be paid to ---------------- Landlord upon execution and delivery of this Lease andby Tenant, upon signing and Landlord shall hold the same throughout the Term of this Agreement, Lessee shall deliver such Guaranty Lease as security for the performance by Tenant of all obligations on the part of Tenant hereunder and under any other leases or occupancy agreements that may hereafter be entered into between Landlord and Tenant relative to the LessorTPR Properties. FurthermoreLandlord shall have the right from time to time without prejudice to any other remedy Landlord may have on account thereof, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreementto apply such deposit, or any part thereof, to Landlord's damages arising from, or to cure, any Default of Tenant hereunder or under any other such lease or occupancy agreement. If Lessee does not fulfill Landlord shall so apply any of its obligations under the Lease, Lessor may apply the Security Deposit on account or all of such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security Depositdeposit, Lessee, Tenant shall immediately after notice from Lessor, shall deposit with Lessor Landlord the amount so applied so that Lessor to be held as security hereunder. If at each time hereafter described there exists no Default of Tenant (or event or circumstance which, with the passage of time or the giving of notice, or both, would constitute a Default of Tenant), Tenant shall be entitled to reduce the amount of the security deposit, and Landlord shall return any excess amount as shall have the full Security Deposit available at all times during the Term of this Lease. Likewise, in case of Rent increases in terms of this Agreement, the Lessee shall immediately deposit to Lessor the amount that may be necessary in order for the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term of this Lease, provided that if Lessee complies with all the terms, covenants and conditions of this Lease, the Security Deposit (or any balance thereof) shall be returned to Lessee theretofore not later than forty-five (45) calendar days after the delivery of possession of the entire Leased Property to Lessor been applied in accordance with the terms of this AgreementSection 14.17, to Tenant as follows. AdditionallyNot less frequently than quarterly, as of the last day of each calendar quarter, Landlord shall review the Tenant's then "Market Value," as hereinafter defined. So long as Tenant's Market Value, as of such date, is above One Hundred Million Dollars ($100,000,000.00), but is less than Two Hundred Fifty Million Dollars ($250,000,000.00), then the security deposit may be reduced to $651,856.50. So long as Tenant's Market Value, as of such date, is Two Hundred Fifty Million Dollars ($250,000,000.00) or more, then the security deposit may be reduced to $325,928.25. For purposes of this Lease, Tenant's "Market Value" shall be determined by multiplying (x) the average per share "bid" price of Tenant's publicly traded common voting stock, as reflected in the Wall Street Journal (or other reasonably authoritative publication or resource acceptable to Landlord, for the thirty-day period ending on the last day of the calendar quarter in question, by (y) the average number of shares of common voting stock in Tenant issued and outstanding during such 30-day period. Likewise, if at any time, Tenant's Market Value falls below any applicable threshold set forth above then, within seven (7) Business Days after such determination by Landlord, Tenant shall deposit with Landlord sufficient additional funds to meet the requirement applicable to such reduced Market Value. To the extent that Landlord holds any such deposit in the form of cash, Landlord shall hold the same in a separate account in a Massachusetts bank, and shall credit to Tenant's account the amount of any interest actually paid by such bank with respect thereto (after deducting any fees or other charges imposed on Landlord in respect of such account). Tenant hereby certifies that it is aware that the Federal Deposit Insurance Corporation ("FDIC") coverages apply only to a cumulative maximum amount of $100,000 for each individual deposit for all of depositor's accounts at the same or related institution. Tenant further understands that certain banking instruments such as, but not limited to, repurchase agreements and letters of credit, are not covered at all by FDIC insurance. Further, Tenant agrees that Landlord assumes no responsibility for, nor will Tenant hold Landlord liable for, any loss occurring which arises from the fact that the amount of the security deposit exceeds $100,000 or from the fact that the excess amount will not be insured by FDIC, or that FDIC insurance is not available on certain types of bank instruments. If Landlord conveys Landlord's interest under this Lease, the deposit, or any part thereof not previously applied, shall be turned over by Landlord to Landlord's grantee, and, if so turned over, Tenant agrees to look solely to such grantee for proper application of the deposit in accordance with the terms of this Section 14.17, and the return thereof in accordance herewith. The holder of a mortgage shall not be responsible to Tenant for the return or application of any such deposit, whether or not it succeeds to the position of Landlord hereunder, unless such deposit shall have been actually received in hand by such holder. (b) Landlord has determined that instead of a cash security deposit, Tenant shall, upon execution and delivery of this Lease, deposit with Landlord a clean, irrevocable, unconditional letter of credit, with a right of assignment (without charge or cost to Landlord) to any successor to Landlord's interests hereunder, in favor of Landlord in the amount of the security deposit. Such letter of credit, and any replacement thereof, shall be drawn on a Massachusetts bank approved by Landlord from time to time. The form of the Letter of Credit annexed hereto as Exhibit LOC is ----------- acceptable to Landlord. In the event of a material adverse change in the financial position of any bank which has issued a letter of credit hereunder, Landlord reserves the right, on any scheduled expiration or renewal date of any such letter (or, in the event that Landlord reasonably determines that the condition of the issuing bank is in imminent danger of insolvency, upon 10 days' notice), to request that Tenant change the issuing bank to another bank reasonably approved by Landlord. Regardless of whether Landlord shall have previously requested that Tenant change issuing banks, if the bank on which the original letter of credit or any replacement letter is drawn is declared insolvent or placed into conservatorship or receivership, Tenant shall, within 20 days thereafter, replace the then-outstanding letter of credit with a like letter of credit from another bank acceptable to Landlord. (c) The letter of credit shall contain a clause whereby the issuing bank agrees to automatically extend the term of the letter of credit from year to year throughout the Initial Term (and any Extended Term) unless, not less than sixty (60) days prior to the date on which the letter would expire absent such extension, the issuing bank gives notice to Landlord, by certified or registered mail, of non-extension. In the event of notice from the issuing bank of non-extension, Tenant shall, not later than twenty (20) Business Days prior to the date on which the outstanding letter shall expire without extension, obtain a replacement letter of credit from a Massachusetts bank acceptable to Landlord, under all of the terms and conditions set forth above. Upon (i) the occurrence of a Default of Tenant hereunder, or (ii) the failure of Tenant to replace any such letter at least twenty (20) Business Days prior to its expiration, and written certification thereof by Landlord to the issuing bank, Landlord may at its election draw the full amount or any part thereof, and hold, use and apply the proceeds thereof as if such proceeds were originally deposited with Landlord in cash under this Section. In the event that Landlord draws any such letter of credit, Landlord may elect to use such proceeds (or any excess proceeds after application) to obtain from another Massachusetts bank a replacement letter of credit, and the cost of such replacement shall be deducted from the available balance and reimbursed by Tenant. Tenant hereby agrees, if so requested by Landlord, to enter into a letter of credit agreement with the bank so designated by Landlord, failing which Landlord may do so in Tenant's name and behalf. The order in which Landlord applies the proceeds of the cash security deposit and the proceeds of the letter of credit shall be determined by Landlord from time to time in its sole and unfettered discretion. (d) From and after the time at which Landlord shall have drawn all or any portion of the proceeds of such a letter of credit, if Landlord shall not elect to obtain its own replacement letter of credit, Landlord shall have the right from time to time without prejudice to any other remedy Landlord may have on account thereof, to apply such proceeds, or any part thereof, to Landlord's damages arising from any then existing or subsequently occurring Default of Tenant hereunder. While Landlord holds any unapplied proceeds, Landlord shall maintain a separate account and pay interest thereon as provided in paragraph (a). At the expiration or earlier termination of the Term of this Agreement Lease, Landlord shall return to Tenant the proceeds thereof (or, if not drawn upon, any letter of credit), or at Lessor’s reasonable request in writing, the Lessee so much thereof as shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit not have theretofore been applied in accordance with the foregoing and within the 30 terms of this Section 14.17 (thirty) days following or be reasonably necessary to cure any failure of Tenant as to which any notice or grace periods shall not then have expired), provided that as to the notification partial reductions in writing delivered the amount of the security deposit referred to in paragraph (a), such reductions shall be effected by Lessor amendments to the letter of credit reflecting the reduced requirements. If Landlord conveys Landlord's interest under this Lease, the proceeds (or, if not drawn upon, any letter of credit), or any part thereof not previously applied, shall be turned over by Landlord to Landlord's grantee, and, when actually turned over, Tenant agrees to look solely to such grantee for said purposeproper application of the proceeds in accordance with the terms of this Section 14.17, and the return thereof in accordance herewith. The holder of a mortgage shall not be responsible to Tenant for the return of any letter of credit or application of any such proceeds, whether or not it succeeds to the position of Landlord hereunder, unless such proceeds or letter of credit shall have actually been received by such holder.

Appears in 1 contract

Sources: Lease (Lycos Inc)

Security Deposit. The Lessee states that its Guarantor has executed Delivered to the Guaranty with District as a common good faith deposit is a corporate check of the LessorRepresentative payable to the order of the District in the amount of $800,800.00. If the District accepts this offer, such check shall be held uncashed by the District until the time of Closing, at which guarantees all time such check shall be returned uncashed to the Representative. If the District does not accept this Contract, such check will be immediately returned to the Representative. Should the District fail to deliver the Bonds at Closing, or should the District be unable to satisfy the conditions of the obligations of the Lessee Underwriters to purchase, accept delivery of and pay for the Bonds, as set forth in this Contract (unless waived by the Underwriter), or should such obligations of the Underwriters be terminated for any reason permitted by this Contract, such check shall immediately be returned to the Representative. If the Underwriters fail (other than for a reason permitted hereunder) to purchase, accept delivery of and pay for the Bonds at the Closing as herein provided, the check shall be cashed and the amount thereof retained by the District as and for fully liquidated damages for such failure of the Underwriters, and, except as set forth in Sections 9 and 11 hereof, no party shall have any further rights against the other hereunder with respect to the Bonds. The Representative ▇▇▇▇▇▇ agrees not to stop or cause payment on said check to be stopped unless the District has assumed in breached any of the terms of this Lease andContract and the Underwriters have elected to terminate this Contract pursuant to Section 8 hereof. The Underwriters and the District understand that in such event the District’s actual damages may be greater or may be less than such amount. Accordingly, upon signing this Agreementthe Underwriters hereby waive any right to claim that the District’s actual damages are less than such amount, Lessee shall deliver such Guaranty to and the Lessor. Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any of its obligations under the Lease, Lessor may apply the Security Deposit on account of such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security Deposit, Lessee, immediately after notice from Lessor, shall deposit with Lessor the amount so applied so that Lessor shall have the full Security Deposit available at all times during the Term District’s acceptance of this Lease. Likewise, in case offer shall constitute a waiver of Rent increases in terms of this Agreement, any right the Lessee shall immediately deposit District may have to Lessor additional damages from the amount that may be necessary in order for the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term of this Lease, provided that if Lessee complies with all the terms, covenants and conditions of this Lease, the Security Deposit (or any balance thereof) shall be returned to Lessee not later than forty-five (45) calendar days after the delivery of possession of the entire Leased Property to Lessor in accordance with the terms of this Agreement. Additionally, during each year of the Term of this Agreement or at Lessor’s reasonable request in writing, the Lessee shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purposeUnderwriters.

Appears in 1 contract

Sources: Purchase Contract

Security Deposit. The Lessee states that its Guarantor has executed Upon execution of this Contract, LESSEE shall provide LESSOR with a Security Deposit in cash in an amount specified in Annex “A”, to answer and stand as security for the Guaranty with the Lessor, which guarantees proper and due performance of all of LESSEE’s obligations under this Contract. The existence of such Security Deposit, however, does not and shall not excuse LESSEE’s non-payment of rent or of any other sum required to be paid hereunder on the obligations due date specified therefor. The Security Deposit shall be increased correspondingly as and when the Lessee has assumed in rent is automatically increased annually. The additional Security Deposit shall be remitted to LESSOR thirty (30) days before the terms onset of a new year under the Lease Term. The Security Deposit or any balance thereof shall be returned to LESSEE, without interest, within sixty (60) days after the expiration of the term of this Lease andlease, upon signing this Agreementand after LESSEE shall have completely and satisfactorily vacated and delivered the Leased Premises to LESSOR, Lessee shall deliver such Guaranty to the Lessor. Furthermore, Lessee shall deposit less whatever amounts LESSEE may owe LESSOR or which LESSOR may apply against the Security Deposit with Lessor upon signing this Agreementas authorized hereunder. If Lessee does not fulfill any LESSOR shall, notwithstanding the delivery of its obligations under the LeaseLeased Premises to LESSOR by LESSEE, Lessor may apply have the Security Deposit on account of such obligation right to withhold all or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security DepositDeposit until LESSOR shall have received statements of account from utility companies supplying telephone, Lesseewater, immediately after notice from Lessorelectric power or public utility services to the Leased Premises, covering the period ending on the date LESSEE shall deposit have completely vacated and delivered the Leased Premises to LESSOR. The amount withheld shall answer for the payment of any unpaid utility and service bills. Any remaining amount shall be returned to LESSEE without interest. Likewise, should LESSEE have any other obligation which remains due and unpaid under any other contract with Lessor the amount so applied so that Lessor LESSOR, LESSOR shall have the full Security Deposit available at all times during the Term of this Lease. Likewise, in case of Rent increases in terms of this Agreement, the Lessee shall immediately deposit right to Lessor automatically apply the amount that may be necessary in order for of these unpaid obligations against the Security Deposit to be equal to 2 (two) months in settlement thereof, upon the termination of current Rent at all times during the Term lease. 1. Upon the occurrence of this Lease, provided that if Lessee complies with all the terms, covenants and conditions any of this Leasethese events, the Security Deposit (or the balance thereof which should otherwise have been returned to LESSEE had such termination not have occurred) shall be forfeited in favor of LESSOR, in addition to whatever damages that may be due by virtue of the termination of this Contract. In the event, however, that this lease is terminated at the instance of LESSOR without any fault or negligence of LESSEE but with its conformity or at the instance of LESSEE pursuant to Articles 10.2, 10.3, and 12.1, the Security Deposit or any balance thereof) thereof shall be returned to Lessee not later than forty-five (45) calendar days after the delivery of possession LESSEE, net of the entire Leased Property amounts authorized to Lessor in accordance with the terms of be deducted therefrom under this AgreementArticle. Additionally, during each year of the Term of this Agreement or at Lessor’s reasonable request in writing, the Lessee shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or If the Security Deposit is not refunded to fully guarantee Lessee’s obligations derived from LESSEE or its return to LESSEE is otherwise delayed on the 60th day after the expiry of this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the lease or otherwise when such Security Deposit is due for return to LESSEE under this Contract, LESSOR shall be liable to pay two percent (2%) interest per month of delay, on the amount of Security Deposit outstanding from the date it becomes due for payment. This right of LESSEE shall be in accordance with addition to whatever is provided under the foregoing law and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purposethis Contract.

Appears in 1 contract

Sources: Lease Agreement (WNS (Holdings) LTD)

Security Deposit. The Lessee states that its Guarantor A. Tenant has executed previously deposited with Landlord the Guaranty with the Lessorsum of Twenty-two Thousand, which guarantees all of the obligations the Lessee has assumed in the terms of this Lease and, upon signing this Agreement, Lessee shall deliver such Guaranty to the LessorTwo Hundred Dollars ($22 200 00). Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any of its obligations under the Lease, Lessor may apply the Security Deposit on account of such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security Deposit, Lessee, immediately after notice from Lessor, shall deposit with Lessor the amount so applied so that Lessor shall have the full Security Deposit available at all times during the Term of this Lease. Likewise, in case of Rent increases in terms of this Agreement, the Lessee shall immediately deposit to Lessor the amount that may be necessary in order for the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term Upon execution of this Lease, provided that if Lessee complies Tenant has deposited with Landlord the additional sum of Two Thousand, Four Hundred Dollars ($2,400.00). Accordingly, Tenant has deposited with Landlord the total sum of Twenty-four Thousand, Six Hundred Dollars ($24,600.00), the equivalent of three months' rent, as security for the full and faithful, performance by Tenant of all the terms, covenants and conditions of this LeaseLease upon Tenant's part to be performed. B. The security deposit, the Security Deposit (or any balance thereof) , shall be returned to Lessee not later than forty-five (45) calendar days Tenant, without interest, after the delivery of possession expiration of the entire Leased Property to Lessor in accordance with the terms term of this Agreement. Additionally, during each year Lease provided Tenant has fully and faithfully carried out all of the Term terms, covenants and conditions on the Tenant's part to be performed under this Lease. C. Landlord shall have the right to apply all or any part of the security deposit to cure any default by Tenant and, if Landlord does so, Tenant upon demand shall deposit with Landlord the amount so applied so that Landlord shall have the full security deposit on hand at all times during the term of this Agreement Lease. D. Landlord shall expressly have the right to use, apply or at Lessor’s reasonable request in writing, retain the Lessee shall deliver to Lessor copy whole or any part of the audited financial statements security deposit to offset any damages or deficiency in the reletting of Lessee and/or the Guarantor corresponding Demised Premises, whether such damage or deficiency may accrue before or after termination, summary proceedings or other re-entry by Landlord. E. In the event of a sale or lease of the Industrial Park, subject to this Lease, Landlord shall have the right to transfer the security to the preceding year. Provided that if Lessor, based on vendee or lessee and the Landlord shall be considered released by Tenant from all liability for the return of such financial statements, reasonably and justifiably determines that due security in which case Tenant shall look to the economic solvency new landlord solely for the return of Lessee and/or the Guarantor its necessary security, and it is agreed that this shall apply to improve and/or substitute every transfer or assignment made of the Guaranty and/or security to a new landlord. F. The security deposited under this Lease shall not be mortgaged, assigned or encumbered by Tenant without the Security Deposit prior written consent of Landlord, and any attempt to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee do so shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purposebe void.

Appears in 1 contract

Sources: Lease (Diversified Security Solutions Inc)

Security Deposit. The Lessee states that its Guarantor has executed Upon the Guaranty execution of this Lease, Tenant shall deposit with Landlord the Lessor, which guarantees all sum of Sixty Thousand ($60,000.00) Dollars as security for the faithful performance and observance by Tenant of the obligations the Lessee has assumed in the terms terms, provisions and conditions of this Lease and, upon signing this Agreement, Lessee which sum shall deliver such Guaranty to be held by Landlord in a separate interest bearing account; it is agreed that in the Lessor. Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill event Tenant defaults in respect of any of its obligations under the terms, provisions and conditions of this Lease, Lessor including, but not limited to, the payment of Rent, Landlord may upon notice to Tenant use, apply or retain the Security Deposit on account of such obligation whole or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security Deposit, Lessee, immediately after notice from Lessor, shall deposit with Lessor security so deposited and all interest earned thereon to the amount so applied so that Lessor shall have extent required for the full Security Deposit available at all times during the Term payment of this Lease. Likewise, any rent and additional rent or any other sum as to which Tenant is in case of Rent increases in terms of this Agreement, the Lessee shall immediately deposit to Lessor the amount that default or for any sum which Landlord may expend or may be necessary required to expend by reason of Tenant's default in order for the Security Deposit to be equal to 2 (two) months respect of current Rent at all times during the Term any of this Lease, provided that if Lessee complies with all the terms, covenants and conditions of this Lease, including but not limited to, any damages or deficiency accrued before or after summary proceedings or other re-entry by Landlord. In the Security Deposit (or any balance thereof) event that Tenant shall fully and faithfully comply with all of the terms, provisions, covenants and conditions of this Lease, said security plus all of the interest earned thereon shall be returned to Lessee not later than forty-five Tenant within thirty (4530) calendar days after the date fixed as the end of this Lease and after delivery of entire possession of the entire Leased Property demised premises to Lessor Landlord. In the event of a sale or transfer or leasing by Landlord of the demised premises, Landlord shall have the right to transfer said security to the vendee or lessee and, upon such transfer, Landlord shall thereupon be deemed to be released by Tenant from all liability for the return of such security; and Tenant agrees to look to the new Landlord solely for the return of such security; and it is agreed that the provisions hereof shall apply to every transfer or assignment made of the security to a new Landlord. Tenant further covenants that it will not assign or encumber or attempt to assign or encumber the monies deposited herein as security and that neither Landlord nor its successors or assigns shall be bound by any such assignment, encumbrance, attempted assignment or attempted encumbrance. In the event Landlord, in accordance with the terms of its rights under this Agreement. AdditionallyLease, during each year applies or retains any portion or all of the Term of this Agreement security deposited, Tenant shall forthwith restore the amount so applied or retained so that at Lessor’s reasonable request in writing, all times the Lessee amount deposited shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purposebe $60,000.00.

Appears in 1 contract

Sources: Lease (Dicks Sporting Goods Inc)

Security Deposit. The Lessee states that its Guarantor has executed the Guaranty Concurrently with the execution of this Lease, Lessee shall pay to Lessor a security deposit (the "Security Deposit") in the amount of Fifty-Seven Thousand Six Hundred Seventy-Six Dollars and 68/100 ($57,676.68) and Lessor shall hold the same, throughout the Term of this Lease (including the Extended Term, if applicable), unless sooner returned to Lessee as provided in this Rider Paragraph 4, as security for the performance by Lessee of all obligations on the part of Lessee to be performed under this Lease. At the option of Lessee the Security Deposit shall be in the form of either cash or an unconditional irrevocable letter of credit (the "Letter of Credit") drawn on a bank satisfactory to Lessor and otherwise upon terms satisfactory to Lessor, which guarantees all Letter of Credit shall permit one or more draws thereunder to be made accompanied only by certification by Lessor that pursuant to the terms of this Lease, Lessor is entitled to apply such Letter of Credit and the proceeds thereof to Lessor's damages due to a default of Lessee under the terms and provisions of this Lease. Any Letter of Credit shall be for a term of no less than one (1) year and shall be renewed by Lessee each year thereafter and each renewal shall be delivered to and received by Lessor not later than thirty (30) days before the expiration of the obligations then current Letter of Credit (herein called a "Renewal Presentation Date"). In the event of a failure to so deliver such renewal Letter of Credit on or before the applicable Renewal Presentation Date, Lessor shall be entitled to present the then existing Letter of Credit for payment and to receive the proceeds thereof, which proceeds shall be held by Lessor as Lessee's Security Deposit, subject to the terms of this Rider Paragraph 4. Lessor shall have the right from time to time without prejudice to any other remedy Lessor may have on account thereof, to apply the Security Deposit, or any part thereof, to Lessor's damages arising from any Default or Breach on the part of Lessee has assumed in under the terms of this Lease and, upon signing this Agreement, Lessee shall deliver such Guaranty to the Lessor. Furthermore, Lessee shall deposit and if the Security Deposit with is in the form of the Letter of Credit, the Letter of Credit may be drawn upon by Lessor upon signing this Agreement. If Lessee does not fulfill any of its obligations under in the Lease, Lessor may apply the Security Deposit on account event of such obligation a Default or Breach and the proceeds thereof may be so applied to reimburse Lessor for such damages of Lessor. Provided that Lessee is not then in Default or Breach (without benefit of any sum that Lessor may expend due to Lessee's default. If Lessor applies any part grace periods), on the expiration of the Security Deposit, Lessee, immediately after notice from Lessor, shall deposit with Lessor Lease Term (as extended) and on the amount so applied so that Lessor shall have the full Security Deposit available at all times during the Term of this Lease. Likewise, in case of Rent increases in terms of this Agreement, the Lessee shall immediately deposit to Lessor the amount that may be necessary in order for the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term of this Lease, provided that if Lessee complies with all the terms, covenants and conditions of this Lease, the Security Deposit (or any balance thereof) shall be returned to Lessee not later than forty-five (45) calendar days after the delivery surrender of possession of the entire Leased Property Premises by Lessee to Lessor at such time in the condition and manner provided for in this Lease, Lessor shall return to Lessee the Security Deposit or so much thereof as shall not have heretofore been applied in accordance with the terms of this AgreementRider Paragraph 4. AdditionallyWhile Lessor holds the Security Deposit, during each year Lessor shall have no obligation to pay interest on the same and Lessor shall have the right to commingle the same with Lessor's other funds. No part of the Term of this Agreement or at Lessor’s reasonable request in writing, the Lessee shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit shall be considered to fully guarantee Lessee’s obligations derived from be prepayment for any monies to be paid by Lessee under this AgreementLease. If Lessor conveys Lessor's interest under this Lease, the Lessee Security Deposit, or any part thereof not previously applied, shall improve and/or substitute, as the case may be, the Guaranty and/or be turned over by Lessor to Lessor's grantee for proper application of the Security Deposit in accordance with the foregoing terms of this Paragraph and the return thereof in accordance herewith. If the Lessor uses or applies all or any portion of the Security Deposit, Lessee shall within the 30 ten (thirty10) days following after written demand therefor deposit cash with Lessor in an amount sufficient to restore the Security Deposit to the notification in writing delivered by Lessor for said purposefull amount and Lessee's failure to do so shall be a Breach of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Restoration Hardware Inc)

Security Deposit. The Lessee states that its Guarantor has executed the Guaranty with the Lessor, which guarantees all of the obligations the Lessee has assumed in the terms of this Lease and, upon signing this Agreement, Lessee shall deliver such Guaranty to the Lessor. Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreementexecution hereof One Hundred Fifty Thousand and No/100ths Dollars ($150,000.00) as security for L▇▇▇▇▇’s faithful performance of L▇▇▇▇▇’s obligations hereunder. If Lessee does not fulfill fails to pay Rent or other charges due hereunder, or otherwise defaults with respect to any provision of its obligations under the Lease, Lessor may apply use, apply, or retain all or any portion of said deposit for the Security Deposit on account payment of such obligation any Rent or other charge in default or for the payment of any other sum for which Lessor may become obligated by reason of L▇▇▇▇▇’s default, or to reimburse compensate Lessor for any sum that loss or damage which Lessor may expend due to Lessee's defaultsuffer thereby. If Lessee is in default of this Lease and Lessor so uses or applies all or any part portion of the Security Depositsaid deposit, Lessee, immediately Lessee shall within 10 days after notice from Lessor, shall written demand therefor deposit cash with Lessor in an amount sufficient to restore said deposit to the amount stated above, and L▇▇▇▇▇’s failure to do so applied so that Lessor shall have the full Security Deposit available at all times during the Term be a material breach of this Lease. LikewiseLessor shall not be required to keep said deposit separate from its general accounts. If L▇▇▇▇▇ performs all of L▇▇▇▇▇’s obligations hereunder, in case said deposit, or so much thereof as has not been applied by L▇▇▇▇▇, shall be returned, without payment of Rent increases in terms interest or other increment for its use, to Lessee (or, at Lessor’s option, to the last assignee, if any, of this Agreement, L▇▇▇▇▇’s interest hereunder) within sixty (60) days of the Lessee shall immediately deposit to Lessor the amount that may be necessary in order for the Security Deposit to be equal to 2 (two) months expiration of current Rent at all times during the Term and after L▇▇▇▇▇ has vacated the Premises. Any mortgagee of this LeaseLessor, provided that if Lessee complies with all purchaser of the termsProject, covenants and conditions or beneficiary of this Lease, the Security Deposit (or any balance thereof) a deed of trust shall be returned relieved and released from any obligation to Lessee not later than forty-five (45) calendar days after return said deposit in the delivery event such mortgagee, beneficiary of deed of trust or purchaser comes into possession of the entire Leased Property Premises by reason of foreclosure or trustee’s sale (including deed in lieu thereof) or proceeding in lieu of foreclosure unless said deposit shall have been actually delivered to Lessor in accordance with such mortgagee, beneficiary of deed of trust or purchaser. Such release, however, shall not relieve the terms person or entity who owned the Project immediately prior to acquisition of this Agreement. Additionallytitle by such mortgagee, during each year beneficiary of the Term deed of this Agreement trust or at Lessor’s reasonable request in writing, the Lessee shall deliver purchaser of any obligation he or it may have to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for return said purposedeposit.

Appears in 1 contract

Sources: Commercial Industrial Triple Net Lease (PLBY Group, Inc.)

Security Deposit. The Lessee states that its Guarantor has executed the Guaranty with the Lessor, which guarantees all of the obligations the Lessee has assumed in the terms of this Lease and, upon signing this Agreement, Lessee shall deliver such Guaranty to the Lessor. Furthermore, Lessee shall deposit with Lessor on the signing of this Lease, the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any as defined in the Preamble for the full and faithful performance of its Lessee's obligations under the this Lease, including without limitation, the surrender of possession of the Premises to Lessor may apply the Security Deposit on account of such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's defaultas herein provided. If Lessor applies any part of the said Security Deposit, Deposit to cure any default of Lessee, immediately after notice from LessorLessee shall, shall on demand, deposit with Lessor the amount so applied so that Lessor shall have the full Security Deposit available on hand at all times during the Term of this Lease. LikewiseIn the event a bona fide sale, in case of Rent increases in terms of subject to this AgreementLease, Lessor shall have the Lessee shall immediately deposit right to Lessor the amount that may be necessary in order for transfer the Security Deposit to the vendee, and Lessor shall be equal considered released by Lessee from all liability for the return of the Security Deposit; and Lessee agrees to 2 (two) months look solely to the new lessor for the return of current Rent at all times during the Term Security Deposit, and it is agreed that this shall apply to every transfer or assignment made of the Security Deposit to the new lessor. Provided this Lease, provided that if Lessee complies with all the terms, covenants and conditions of this LeaseLease is not in default, the Security Deposit (less any portions thereof used, applied or any balance thereof) retained by Lessor in accordance with the provisions of this Article 16), shall be returned to Lessee not later than forty-five (45) calendar days after the expiration or sooner termination of this Lease and after delivery of possession of the entire Leased Property Premises to Lessor in accordance with the terms provisions of this AgreementLease. Additionally, during each year of the Term of this Agreement Lessee covenants that it will not assign or at Lessor’s reasonable request in writing, the Lessee shall deliver encumber or attempt to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or assign or encumber the Security Deposit to fully guarantee and Lessor shall not be bound by any such assignment, encumbrance or attempt thereof. In the event of the insolvency of Lessee’s obligations derived from this Agreement, or in the event of the entry of a judgment in any court against Lessee which is not discharged within thirty (30) days after entry, or in the event a petition is filed by or against Lessee under any chapter of the bankruptcy laws of the State of Maryland or the United States of America, then in such event, Lessor may require the Lessee shall improve and/or substitute, as to deposit additional security in an amount which in Lessor's sole judgment would be sufficient to adequately assure Lessee's performance of all of its obligations under this Lease including all payments subsequently accruing. Failure of Lessee to deposit the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and security required by this Article 16 within the 30 ten (thirty10) days following to the notification in writing delivered after Lessor's written demand shall constitute a material breach of this Lease by Lessor for said purposeLessee.

Appears in 1 contract

Sources: Lease (Old Line Bancshares Inc)

Security Deposit. The Upon the execution of this Lease, Lessee states that its Guarantor has executed agrees to pay N/A ($ -0- ), representing one month of Base Rental due under this Lease for the Guaranty with the Lessor, which guarantees all first month of the obligations the Lessee has assumed in the terms term of this Lease andand a security deposit of TEN THOUSAND AND NO/100 DOLLARS ($10,000.00) SHALL BE TRANSFERRED AND CARRIED FORWARD FROM LESSEE'S PREVIOUS LEASE WITH LESSOR DATED SEPTEMBER 29, upon signing 1988 AND SHALL BE HELD BY LESSOR as security for the faithful performance and observance by Lessee of the terms, provisions, and conditions of this Agreement, Lease. It is agreed that in the event Lessee shall deliver such Guaranty defaults in respect to the Lessor. Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any of its obligations under the terms, provisions and conditions of this Lease, including, but not limited to, the payment of rent, Lessor may at Lessor's option use, apply or retain the Security Deposit on account of such obligation whole or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security Deposit, Lessee, immediately after notice from Lessor, shall deposit with Lessor the amount so applied so that Lessor shall have the full Security Deposit available at all times during the Term of this Lease. Likewise, in case of Rent increases in terms of this Agreement, the Lessee shall immediately security deposit to the extent required for the payment of any rent or any other sum as to which Lessee is in default or for any sum which Lessor the amount that may expend or may be necessary required to expend by reason of Lessee's default in order for respect of any of the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term terms, provisions and conditions of this Lease, provided including, but not limited to, damages, costs or deficiency in rental suffered in the re-letting of the Premises, whether such damages, costs or deficiency accrue before, during or after re-entry pursuant to judicial process or other means. In the event all or any part of the security deposit is applied toward payment of an obligation or liability of Lessee as described above, Lessee shall, within ten (10) days after request therefor by Lessor, again pay Lessor as a security deposit an amount equal to any amount so applied, so that if the security deposit shall equal its original amount. In the event that Lessee complies shall fully and faithfully comply with all of the terms, provisions, covenants and conditions of this Lease, the Security Deposit (or any balance thereof) security deposit shall be returned to Lessee not later than forty-five Lessee, without interest, within thirty (4530) calendar days after the termination of the Lease (provided such termination is not the result of a default by Lessee) and after delivery of possession of the entire Leased Property Premises to Lessor in accordance with and payment of all sums due to Lessor. In the terms event of this Agreement. Additionally, during each year a sale or lease of the Term Building, Lessor shall have the right to transfer the security deposit to the vendee or lessee, and Lessor upon said transfer is hereby released by Lessee from all liability for the return of this Agreement such security deposit; and Lessee agrees to look solely to the new Lessor for the return of such security deposit, and it is agreed that the provisions hereof shall apply to every transfer or at Lessor’s reasonable request in writing, the Lessee shall deliver to Lessor copy assignment made of the audited financial statements of security deposit to a new lessor. III. Lessor and Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably covenant and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, agree as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purpose.follows:

Appears in 1 contract

Sources: Office Lease Agreement (U S Long Distance Corp)

Security Deposit. The Lessee states that its Guarantor LESSEE has executed deposited with LESSOR the Guaranty with sum of One thousand seventy eight Dollars ($ 1078.00). Said sum shall be held by LESSOR as security for the Lessor, which guarantees faithful performance by LESSEE of all of the obligations the Lessee has assumed in the terms terms, covenants, and conditions of this Sub-Lease andduring the Term hereof. If LESSEE defaults with respect to any provision of this Sub-Lease, upon signing this Agreement, Lessee shall deliver such Guaranty including but not limited to the Lessor. Furthermoreprovisions relating to the payment of rent and additional rent, Lessee LESSOR may (but shall not be required to) use, apply or retain all or any part of this security deposit for the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill payment of any rent, additional rent or any other sum in default, or for the payment of its obligations under the Leaseany other amount which LESSOR may spend or become obligated to spend by reason of LESSEE’s default, Lessor may apply the Security Deposit on account of such obligation or to reimburse Lessor compensate LESSOR for any sum that Lessor loss or damage which LESSOR may expend due to Lessee's suffer by reason of LESSEE’s default. If Lessor applies any part portion of said deposit is so used or applied, LESSEE shall, upon demand therefor, deposit cash with LESSOR in an amount sufficient to restore the Security Depositsecurity deposit to its original amount, Lessee, immediately after notice from Lessor, and LESSEE’s failure to do so shall deposit with Lessor be a material breach of this Sub-Lease. Any time the amount so applied so that Lessor shall have the full Security Deposit available at all times rent payable by LESSEE to LESSOR increases during the Term of this LeaseSub-Lease and any renewal, LESSEE shall, upon written request from LESSOR, deposit additional monies with LESSOR sufficient to maintain the same ratio between the security deposit and the rent as those amounts are specified in the Sub-Lease for the beginning of the Term. LikewiseLESSOR shall not be required to keep this security deposit separate from its general funds, in case of Rent increases in terms and LESSEE shall not be entitled to interest on such deposit. If LESSEE shall fully and faithfully perform every provision of this Agreement, the Lessee shall immediately deposit to Lessor the amount that may be necessary in order for the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term of this Lease, provided that if Lessee complies with all the terms, covenants and conditions of this Sub-Lease, the Security Deposit (security deposit, or any balance thereof) , shall be returned to Lessee not later than LESSEE (or, at LESSOR’s option, to the last assignee of LESSEE’s interest hereunder) within forty-five (45) calendar days after the delivery termination of possession this Sub-Lease provided all sums payable by LESSEE to LESSOR have been paid in full, including payment to LESSOR of the entire Leased Property sum of Twenty-Five Dollars ($25.00) for each key to Lessor in accordance with the terms PREMISES not returned to LESSOR by LESSEE by the termination date of this Agreement. Additionally, during each year of the Term of this Agreement or at Lessor’s reasonable request in writing, the Lessee shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purposeSub-Lease.

Appears in 1 contract

Sources: Office Center Sub Lease (Zix Corp)

Security Deposit. 3.1 The Lessee states that its Guarantor has executed Tenant hereby agrees to pay the Guaranty with Landlord on the Lessor, which guarantees all execution of this Tenancy Agreement the sum stated in Section 9(i) of the obligations Schedule annexed hereto by way of a deposit as security for the Lessee has assumed in due observance and performance by the terms Tenant of this Lease and, upon signing this Agreement, Lessee shall deliver such Guaranty its covenants herein contained (hereinafter referred to as “the Lessor. Furthermore, Lessee shall deposit Security Deposit”) wherein the Security Deposit with Lessor upon signing shall be subject to the provisions of this Agreement. If Lessee does not fulfill Tenancy and in the absence of any breach by the Tenant of its obligations under the Lease, Lessor may apply terms and conditions herein contained be returned to the Tenant free of interest within one (1) month from the termination of this Tenancy PROVIDED ALWAYS that the Security Deposit shall not be treated as towards payment of rent. 3.2 The Tenant hereby agrees to pay the Landlord on account the execution of such obligation or this Tenancy Agreement the sum stated in Section 9(ii) of the Schedule annexed hereto by way of a deposit for payment of electricity and water bills, costs of repairs and other sums payable by the Tenant under this Tenancy (if any) (hereinafter referred to reimburse Lessor for as "the Utility Deposit") and which shall be refunded to the Tenant free of interest within one (1) month from the termination of this Tenancy hereby created. 3.3 The Tenant shall not utilise any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security Deposit, Lessee, immediately after notice from Lessor, shall deposit with Lessor the amount so applied so that Lessor shall have the full Security Deposit available at all times during the Term of this Lease. Likewise, in case of Rent increases in terms of this Agreement, the Lessee shall immediately deposit to Lessor the amount that may be necessary in order for the Security and/or Utility Deposit to be equal to 2 (two) months of current Rent at all times during set off or pay for any outstanding rent or sums or moneys due and payable under this Tenancy. 3.4 In the Term of this Lease, provided event that if Lessee complies with all the terms, covenants and conditions of this Lease, the Security Deposit (or any balance thereof) shall be returned to Lessee not later than forty-five (45) calendar days after the delivery of possession of the entire Leased Property parties hereto shall desire to Lessor in accordance with terminate this Tenancy before the terms of this Agreement. Additionally, during each year expiration of the Term of this Agreement or at Lessor’s reasonable request in writinghereby granted, the Lessee party intending to terminate this Tenancy shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding give to the preceding year. Provided that if Lessorother party three (3) months’ notice in writing of its/their intention so to do or pay three (3) months’ rental in lieu of such notice and at the expiry of which notice or upon payment of such sum in lieu of notice, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as whichever the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purposethis Tenancy Agreement shall be deemed terminated.

Appears in 1 contract

Sources: Tenancy Agreement

Security Deposit. The Lessee states that its Guarantor has executed shall deposit with Lessor on the Guaranty with the Lessor, which guarantees all of the obligations the Lessee has assumed in the terms signing of this Lease and, upon signing this Agreement, Lessee shall deliver such Guaranty to the Lessor. Furthermore, Lessee shall deposit total cash amount of the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any as defined in the Preamble (and shall deliver the Letter of its obligations under the Lease, Lessor may apply Credit portion of the Security Deposit on account no later than August 1, 2006), for the full and faithful performance of such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's defaultobligations under this Lease, including, without limitation, the surrender of possession of the Premises to Lessor as herein provided. If Lessor applies any part of the said Security Deposit, Deposit to cure any default of Lessee, immediately after notice from Lessor, Lessee shall on demand deposit or deliver an amended Letter of Credit with Lessor the amount so applied so that Lessor shall have the full Security Deposit available on hand at all times during the Term of this Lease. LikewiseLessor, in case of Rent increases in terms of this Agreementthe event that the Demised Premises are sold, the Lessee shall immediately deposit to Lessor the amount that may be necessary in order for transfer and deliver the Security Deposit Deposit, as such, to the purchaser of the Demised Premises and shall notify Lessee thereof, and thereupon Lessor shall be equal to 2 (two) months of current Rent at all times during the Term of this Lease, provided that if Lessee complies with all the terms, covenants and conditions of this Lease, the discharged from any further liability in reference thereto. The Security Deposit (less any portions thereof used, applied or any balance thereof) retained by Lessor in accordance with the provisions of this Paragraph 17), shall be returned to Lessee without interest provided Lessee has cured any outstanding defaults and after delivery of the entire Premises to Lessor in accordance with the provisions of this Lease including ISRA compliance. Lessee covenants that it will not assign or encumber or attempt to assign or encumber the Security Deposit and Lessor shall not be bound by any such assignment, encumbrance or attempt thereof. In the event of the insolvency of Lessee, or in the event of the entry of a material judgment in any court against Lessee which if paid would render Lessee insolvent which is not discharged within sixty (60) days after entry, or in the event a petition is filed by or against Lessee under any chapter of the bankruptcy laws of the State of New Jersey or the United States of America, then in such event, Lessor may require the Lessee to deposit additional security in an amount which in Lessor's sole judgment would be sufficient to adequately assure Lessee's performance of all of its obligations under this Lease including all payments subsequently accruing. Failure of Lessee to deposit the security required by this Paragraph within twenty (20) days after Lessor's written demand shall constitute a material breach of this Lease by Lessee. As to the portion of the security deposited hereunder permitted to be delivered in the form of an irrevocable straight Letter of Credit, then upon a material, monetary Default by Lessee, Lessor shall have the right to draw down the entire amount of the Letter of Credit and place same in an interest bearing account with the interest to accrue to the benefit of the Lessee, subject to deduction for Lessor's reasonable expenses for the cost of opening and maintaining said account. Lessor shall have no obligation to achieve any specified rate of return on the money so deposited. The Letter of Credit shall be substantially in the form as attached hereto as Exhibit C and drawn against a banking institution maintaining assets of no less than Five Hundred Million Dollars ($500,000,000.00) and shall specify that same shall be drawn upon demand by Lessor and deliverable by Lessor and payable to Lessor in Hackensack, New Jersey via wire transfer and shall require only a statement of default by Lessor delivered together with an accounting of the amounts in default. Lessor approves Wachovia Bank, N.A. as an acceptable issuer of the Letter of Credit, subject to all of the other terms hereof. Lessor shall not be liable for any costs, loss or damage, however incurred by Lessee in connection with any drawing down against the Letter of Credit even if at a later time it is proven in a court of law or otherwise that Lessor did not have a right to draw down against the Letter of Credit or that Lessor's conduct was without basis. Under such circumstances, Lessor's only obligation shall be to replenish the Security Deposit without interest. The acceptance by Lessor of the Letter of Credit shall be further subject to the following conditions: A. The Letter of Credit shall be irrevocable for the term thereof and shall provide that it is automatically renewable for a period ending not earlier than thirty (30) days after the expiration of the Term without any action whatsoever on the part of Lessor; provided that the issuing bank shall have the right not to renew said Letter of Credit on written notice to Lessor not less than thirty (30) days prior to the expiration of the then current term thereof (it being understood, however, that the privilege of the issuing bank not to renew said Letter of Credit shall not, in any event, diminish the obligation of Lessee to maintain such irrevocable Letter of Credit with Lessor through the date which is thirty (30) days after the expiration of the term hereby demised). B. The form and terms of the Letter of Credit (and the bank issuing the same) shall be acceptable to Lessor (and substantially in the form attached hereto as Exhibit E and shall provide, among other things, in effect that: (1) Lessor, or its then managing agent, shall have the right to draw down an amount up to the face amount of the Letter of Credit upon the presentation to the issuing bank of Lessor's (or Lessor's then managing agent's) statement that such amount is due to Lessor under the terms and conditions of this lease, it being understood that if Lessor or its managing agent be a corporation, partnership or other entity, then such statement shall be signed by an officer (if a corporation), a general partner (if a partnership), or any authorized party (if another entity); (2) The Letter of Credit will be honored by the issuing bank without inquiry as to the accuracy thereof and regardless of whether the Lessee disputes the content of such statement; (3) In the event of a transfer of Lessor's interest in the Building of which the Demised Premises are a part, Lessor shall have the right to transfer the Letter of Credit to the transferee and upon such transferee's receipt of the Security Deposit and such transferee's written assumption of Lessor's obligations hereunder, the Lessor shall, without any further agreement between the parties, be released by Lessee from all liability therefor, and it is agreed that the provisions hereof shall apply to every transfer or assignment of said Letter of Credit to a new Lessor. C. Lessee further covenants that it will not assign or encumber said Letter of Credit or any part thereof and that neither Lessor nor its successors or assigns will be bound by any such assignment, encumbrance, attempted assignment or attempted encumbrance. D. Without limiting the generality of the foregoing, if the Letter of Credit expires earlier than thirty (30) days after the expiration of the term of this Lease, or the issuing bank notifies Lessor that it shall not renew the Letter of Credit, Lessor will accept a renewal thereof or substitute Letter of Credit (such renewal or substitute Letter of Credit to be in effect not later than forty-five thirty (4530) calendar days prior to the expiration thereof), irrevocable and automatically renewable as above provided to thirty (30)days after the delivery of possession end of the entire Leased Property term of this Lease upon the same terms as the expiring Letter of Credit or such other terms as may be reasonably acceptable to Lessor. However, (i) if the Letter of Credit is not timely renewed or a substitute Letter of Credit is not timely received, (ii) or if Lessee fails to maintain the Letter of Credit in the amount and terms set forth in this Paragraph, Lessee, at least thirty (30) days prior to the expiration of the Letter of Credit, or promptly upon its material failure to comply with each and every term of this Paragraph, must deposit with Lessor cash security in the amounts required by, and to be held subject to and in accordance with, all of the terms and conditions set forth in this Paragraph pertaining to cash security deposits and the amounts so specified in Preamble Paragraph 11 hereof, failing which the Lessor may present such Letter of Credit to the bank in accordance with the terms of this Agreement. AdditionallyParagraph, during each year of and the Term of this Agreement or at Lessor’s reasonable request in writing, the Lessee entire sum secured thereby shall deliver be paid to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered be held by Lessor for said purposeas provided in this Paragraph.

Appears in 1 contract

Sources: Lease Agreement (Vyteris Holdings (Nevada), Inc.)

Security Deposit. The Lessee states that its Guarantor has executed the Guaranty Lessee, contemporaneously with the Lessor, which guarantees all of the obligations the Lessee has assumed in the terms execution of this Lease andLease, upon signing this Agreement, Lessee shall deliver such Guaranty to the Lessor. Furthermore, Lessee shall deposit the Security Deposit has deposited with Lessor upon signing the sum of $19,258.00 as prescribed in Article 1.3 of this Agreement. If Lessee does not fulfill any of its obligations under the Lease, Lessor may apply the Security Deposit on account of such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security Deposit, Lessee, immediately after notice from Lessor, and shall deposit with Lessor an additional $9,629.00 prior to occupancy but in no event later than March 31, 1997, said deposit being given to secure the amount so applied so that Lessor shall have the full Security Deposit available at faithful performance by Lessee of all times during the Term of this Lease. Likewise, in case of Rent increases in terms of this Agreement, the Lessee shall immediately deposit to Lessor the amount that may be necessary in order for the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term of this Lease, provided that if Lessee complies with all the terms, covenants and conditions of this Lease by Lessee to be kept and performed during the term hereof. Lessee agrees that if Lessee shall fail to pay the rent herein reserved promptly when due, said deposit may, at the option of Lessor (but Lessor shall not be required to) be applied to any rent due and unpaid, and if Lessee violates any of the other terms, covenants, and conditions of this Lease, and after written notice to Lessee advising Lessee of such violation and allowing Lessee ten (10) days to cure such violation, said deposit may be applied to any damages suffered by Lessor as a result of Lessee's default, to the Security Deposit (extent of the amount of damages suffered. Nothing in this Article 5 shall in any way diminish or be construed as waiving any of Lessor's other remedies by law or in equity. Should all or any balance thereofpart of the security deposit be applied by Lessor as herein provided, then Lessee shall, on the written demand of Lessor, deposit cash with Lessor within five (5) days of said demand sufficient to restore said security deposit to its original amount. Within two weeks after the termination of this Lease, Lessor shall return said security deposit to Lessee, less any portion of said security deposit which may have been previously applied or expended by Lessor to remedy or cure any default or breach on the part of Lessee hereunder. Lessor shall have the right to commingle or invest said security deposit, and in no event shall Lessee be entitled to receive any interest or income thereon, it being agreed that any interest be deemed to be additional rent. Lessor may deliver the funds deposited under this Article 5 by Lessee to the purchaser of Lessor's interest in the Premises in the event such interest be sold; thereupon Lessor shall be returned discharged from further liability with respect to Lessee not later than forty-five (45) calendar days after the delivery of possession of the entire Leased Property to Lessor in accordance with the terms of this Agreement. Additionally, during each year of the Term of this Agreement or at Lessor’s reasonable request in writing, the Lessee shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purposedeposit.

Appears in 1 contract

Sources: Office Building Lease (Voice Powered Technology International Inc)

Security Deposit. Concurrently with SUBLESSEE's execution and delivery of this Sublease, SUBLESSEE shall deposit with SUBLESSOR the sum of $4,054.00 (the "Deposit"). The Lessee states that its Guarantor has executed Deposit shall be held by SUBLESSOR as security for the Guaranty with the Lessor, which guarantees all faithful performance and observance by SUBLESSEE of the obligations the Lessee has assumed terms, provisions and conditions of this Sublease. It is agreed that in the terms event SUBLESSEE defaults with respect to any of the terms, provisions and conditions of this Lease andSublease, upon signing this Agreementincluding, Lessee shall deliver such Guaranty to but not limited to, the Lessor. Furthermorepayment of rent, Lessee shall deposit SUBLESSOR may use, apply or retain the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any of its obligations under the Lease, Lessor may apply the Security Deposit on account of such obligation whole or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security Deposit, Lessee, immediately after notice from Lessor, shall deposit with Lessor Deposit to the amount so applied so that Lessor shall have extent required for the full Security Deposit available at all times during the Term payment of this Lease. Likewise, any rent or any other sum as to which SUBLESSEE is in case of Rent increases in terms of this Agreement, the Lessee shall immediately deposit to Lessor the amount that default or for any sum which SUBLESSOR may expend or may be necessary in order for the Security Deposit required to be equal expend by reason of SUBLESSEE's default with respect to 2 (two) months any of current Rent at all times during the Term of this Lease, provided that if Lessee complies with all the terms, covenants and conditions of this LeaseSublease. In the event that SUBLESSEE shall fully and faithfully comply with all of the terms, provisions, covenants and conditions of this Sublease, the Security Deposit (or any balance thereof) shall be returned to Lessee not later than forty-five (45) calendar days SUBLESSEE after the date fixed as the end of this Sublease, and after delivery of entire possession of the entire Leased Property demised premises to Lessor SUBLESSOR, except for any amounts that SUBLESSOR had deducted therefrom that are needed by SUBLESSOR to cure defaults of SUBLESSEE under this Sublease or to compensate SUBLESSOR for damages or which SUBLESSEE is liable pursuant to this Sublease. If SUBLESSOR uses or applies all or a portion of the Deposit, SUBLESSEE shall within ten (10) days deposit cash with SUBLESSOR in accordance with an amount sufficient to restore the terms Deposit to the full amount and SUBLESSEE'S failure to do so shall be a breach of this AgreementSublease. AdditionallyIf SUBLESSEE performs all of SUBLESSEE's obligations hereunder, during each year the Deposit, or the balance not applied by SUBLESSOR, shall be returned, without interest, to SUBLESSEE following the expiration of the Term of this Agreement or at Lessor’s reasonable request in writingTerm, and after SUBLESSEE has vacated the Lessee shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purposePremises.

Appears in 1 contract

Sources: Sublease Agreement (Broadview Networks Holdings Inc)

Security Deposit. The Lessee states that its Guarantor has executed In addition to the Guaranty with Rental Fee, Agreement Holder agrees to pay to the Lessor, which guarantees all of the obligations the Lessee has assumed Association a refundable Security Deposit in the terms amount of this Lease and, upon signing this Agreement, Lessee shall deliver such Guaranty to the Lessorone hundred fifty dollars ($150.00). Furthermore, Lessee shall deposit Return of the Security Deposit with Lessor upon signing this Agreementor any portion thereof shall be made within ten (10) business days following the date of reserved use, provided the Center, premises, facilities, and equipment are left in satisfactory condition and no Association rules or county ordinance have been violated. If Lessee does not fulfill any of its obligations under The Association, pending the Lease, Lessor may apply post use inspection will hold the Security Deposit subject to: a. The Security Deposit shall be refunded after the event only if the Center, premises including restrooms, furniture, appliances, fixtures and appurtenances are found, upon post-use inspection, to be in the same condition as at the commencement of the Rental Period as listed on account of such obligation or to reimburse Lessor the pre-use inspection, ordinary wear and tear expected. b. The Security Deposit shall not be considered liquidated damages, and the Agreement Holder hereby agrees that he/she shall be responsible for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part and all damage in excess of the amount of the Security Deposit, Lessee, immediately after notice from Lessor, shall deposit with Lessor . c. The Association reserves the amount so applied so that Lessor shall have the full Security Deposit available at all times during the Term of this Lease. Likewiseright, in case of Rent increases in terms of this Agreementits sole judgment, the Lessee shall immediately deposit to Lessor the amount that may be necessary in order for deduct from the Security Deposit any amount necessary, as determined by the Association’s Community Center Committee, to be equal cover (a) all costs of cleanup if warranted (e.g., if the Center is not returned to 2 the same condition as at the commencement of the Rental Period); and (twob) months the costs of current Rent at all times repairs or replacement of any property damaged during the Term use of this Lease, provided that if Lessee complies with all the terms, covenants and conditions of this Lease, center. If the Security Deposit (or any balance thereof) does not fully cover these costs, the Agreement Holder shall be returned billed for and agrees to Lessee promptly pay the difference, and future use of any of the Association’s facilities shall be denied until these costs are paid. Any Agreement Holder using the Center shall be responsible for any and all damages that occur due to their use of the Center. The billed costs will be considered a special assessment and if not later than forty-five (45) calendar days paid could result in a lien being initiated against the Agreement property. Agreement Holder herein agrees to the deduction of whatever expenses are required to restore the facilities to the same condition as when Agreement Holder entered the facilities, including but not limited to any needed surface cleaning, ordinary wear and tear expected. d. Agreement Holder will remove from the Center all materials that are not the property of Association after the delivery Rental Period including trash acquired during the Rental Period. Association shall be authorized to remove at the expense of possession Agreement Holder all materials remaining. Agreement Holder shall be responsible for the payment of storage and/or disposal costs of such materials, and Agreement Holder agrees that Association shall in no way be responsible for loss, damage or claims against the Association for material so removed or stored. Agreement Holder agrees that the Association shall have a first lien on such material for payment of all costs accrued for the removal and storage. For rentals where the Rental Period commences before 12:00 p.m., clean-up must be completed within one (1) hour of the entire Leased Property to Lessor in accordance with the terms of this Agreement. Additionally, during each year conclusion of the Term of this Agreement or at Lessor’s reasonable request in writingRental Period. For rentals where the Rental Period commences after 12:00 p.m., the Lessee shall deliver to Lessor copy of clean-up must be completed before 9:30 a. m. the audited financial statements of Lessee and/or day following the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purposeRental Period.

Appears in 1 contract

Sources: Rental Agreement

Security Deposit. The Lessee states that its Guarantor has executed (a) Upon execution of this Sublease Agreement, Sublessee shall pay Sublessor the Guaranty with sum of $4,333.88, equivalent to one months' rent, as security for the Lessorfaithful performance and observance by the Sublessee, which guarantees all of the obligations the Lessee has assumed terms, provisions and conditions of this Sublease Agreement. It is agreed that in the terms event the Sublessee defaults in respect to any of the terms, provisions and conditions of this Lease and, upon signing this Sublease Agreement, Lessee shall deliver such Guaranty including but not limited to the Lessor. Furthermorepayment of Base Rent and Additional Charges, Lessee shall deposit Sublessor may use, apply or retain the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any of its obligations under the Lease, Lessor may apply the Security Deposit on account of such obligation whole or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security Depositsecurity so deposited to the extent required for the payment of any Base Rent or any other sum as to which Sublessee is in default, Lessee, immediately after notice from Lessor, shall deposit with Lessor the amount so applied so that Lessor shall have the full Security Deposit available at all times during the Term of this Lease. Likewise, in case of Rent increases in terms of this Agreement, the Lessee shall immediately deposit to Lessor the amount that or for any reasonable sum which Sublessor may expend or may be necessary required to expend by reason of Sublessee's default in order for the Security Deposit to be equal to 2 (two) months respect of current Rent at all times during the Term any of this Lease, provided that if Lessee complies with all the terms, covenants and conditions of this LeaseSublease Agreement, including but not limited to, any damages or deficiency in the reletting of the Premises, whether such damages or deficiency accrued before or after summary proceedings, or other re-entry by Sublessor. (b) In the event Sublessee has fully and faithfully complied with all of the terms, provisions, covenants and conditions of this Sublease Agreement as of December 31, 2004, the Security Deposit (or any balance thereof) security deposit, $4,333.18, shall be returned credited to Lessee Sublessee, without interest, to cover the January, 2005 rental payment for the Premises. (c) Sublessee further covenants that it will not later than forty-five assign or encumber, or attempt to assign or encumber, the monies deposited herein as security, and that neither Sublessor, nor its successors or assigns shall be bound by any such assignment, encumbrance, attempted assignment or attempted encumbrance. (45d) calendar days after In the delivery event of possession any bankruptcy or other proceeding against the Sublessee, it is agreed that all such security deposit hereunder shall be deemed to be applied by Sublessor to rent, sales tax and other charges due to Sublessor, for the last month of the entire Leased Property to Lessor in accordance Sublease Term, and each preceding month, until such security deposit is fully applied. No trust relationship is created herein between Sublessor and Sublessee with the terms of this Agreement. Additionally, during each year of the Term of this Agreement or at Lessor’s reasonable request in writing, the Lessee shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding respect to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purposedeposit.

Appears in 1 contract

Sources: Sublease Agreement (Apollo Gold Corp)

Security Deposit. The ($6,840) as security for the full and faithful performance of each of the obligations and covenants imposed upon Lessee states that its Guarantor has executed under this Lease. If Lessee shall default in the Guaranty with payment of Rent or in the performance of any other covenant or obligation, Lessee hereby authorizes Lessor, which guarantees at Lessor's election, without notice and without terminating this Lease, to apply the funds so deposited as security in the payment of any Rent due hereunder or in remedying any other default hereunder. Any action taken by Lessor under this Section 45 shall not be construed to be a waiver of any other rights or remedies of Lessor whether under this Lease, at law, or in equity, or any of Lessor's rights in case of any subsequent default to enforce any such right or remedy including without limitation the rights and remedies set forth in this Section 45. If said security or any part thereof is used, applied, or retained in curing any such default, Lessee upon demand shall immediately deposit with Lessor as additional security an amount in cash equal to the amounts so used, applied, or retained, and if Lessee shall fail to do so, such failure shall constitute a default under this Lease, affording Lessor the same rights and remedies as a default in payment of Rent. Within sixty (60) days after the expiration of the Term, whether by lapse of time or otherwise, provided Lessee shall not be in default under this Lease and shall have complied with all of the covenants and obligations imposed upon Lessee under this Lease, including, without limitation, the yielding up of the immediate possession of the Premises to Lessor, Lessor shall upon being furnished with affidavits and other satisfactory evidence by Lessee that Lessee has assumed paid all bills incurred by Lessee in the terms of this Lease and, upon signing this Agreement, Lessee shall deliver such Guaranty to the Lessor. Furthermore, Lessee shall deposit the Security Deposit connection with Lessor upon signing this Agreement. If Lessee does not fulfill any of its obligations under the Lease, Lessor may apply the Security Deposit on account of such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part performance of the Security Depositall such covenants and obligations, Lessee, immediately after notice from Lessor, shall return to Lessee said sum on deposit or such portion thereof then remaining on deposit with Lessor the amount so applied so that hereunder. No interest shall be payable on Lessee's security deposit, which deposit shall not be held in trust by Lessor shall have the full Security Deposit available at all times during the Term of this Lease. Likewise, in case of Rent increases in terms of this Agreement, the Lessee shall immediately deposit to Lessor the amount that and may be necessary in order for the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term of this Lease, provided that if Lessee complies co-mingled with all the terms, covenants and conditions of this Lease, the Security Deposit (or any balance thereof) shall be returned to Lessee not later than forty-five (45) calendar days after the delivery of possession of the entire Leased Property to Lessor in accordance with the terms of this Agreement. Additionally, during each year of the Term of this Agreement or at Lessor’s reasonable request in writing, the Lessee shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purpose's other funds.

Appears in 1 contract

Sources: Lease Agreement (Glasstech Inc)

Security Deposit. (a) Tenant has deposited with Owner the sum of $268,333.00 as security for the full and faithful performance and observance by Tenant of Tenant's covenants and obligations under this lease. The Lessee states that its Guarantor has executed term "Security Amount" shall mean the Guaranty amount initially deposited by Tenant with Owner (ie., $268,333.00), as the Lessorsame may be reduced, which guarantees all of the obligations the Lessee has assumed if at all, from time to time pursuant to Section 53(d) below. If Tenant defaults beyond applicable notice and cure periods in the terms full and prompt payment and performance of this Lease and, upon signing this Agreement, Lessee shall deliver such Guaranty to the Lessor. Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any of its Tenant's covenants and obligations under this lease, including, but not limited to, the Leasepayment of Fixed Rent and additional rent, Lessor may Owner may, but shall not be required to, use, apply or retain the Security Deposit on account of such obligation whole or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security Depositsecurity so deposited and the interest accrued thereon, Lesseeif any, to the extent required for the payment of any Fixed Rent and additional rent, including, but not limited to, any damages or deficiency in the reletting of the demised premises, whether such damages or deficiency accrue before or after summary proceedings or other re-entry by Owner. If Owner shall so use, apply or retain the whole or any part of the security or the interest accrued thereon, if any, Tenant shall upon demand immediately after notice from Lessor, shall deposit with Lessor Owner a sum equal to the amount so used, applied so that Lessor or retained, as security as aforesaid failing which Owner shall have the full Security Deposit available at same rights and remedies as for the non-payment of Fixed Rent beyond the applicable grace period. If Tenant shall fully and faithfully comply with all times during the Term of Tenant's covenants and obligations under this Lease. Likewise, in case of Rent increases in terms of this Agreementlease, the Lessee shall immediately deposit to Lessor the amount that may be necessary in order for the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term of this Lease, provided that if Lessee complies with all the terms, covenants and conditions of this Lease, the Security Deposit (security or any balance thereof) , with the interest thereon, to which Tenant is entitled, shall be returned or paid over to Lessee not later than forty-five Tenant within ten (4510) calendar days after the Expiration Date and after delivery of possession to Owner of the entire Leased Property demised premises. In the event of any sale, transfer or leasing of Owner's interest in the Building whether or not in connection with a sale, transfer or leasing of the Land to Lessor a vendee, transferee or lessee, Owner shall have the right to transfer the unapplied part of the security and the interest thereon, if any, to which Tenant is entitled, to the vendee, transferee or lessee, and Owner shall thereupon be released by Tenant from all liability for the return or payment thereof, and Tenant shall look solely to the new owner for the return or payment of the same. The provisions of the preceding sentence shall apply to every subsequent sale, transfer or leasing of the Building, and any successor of Owner may, upon a sale, transfer, leasing or other cessation of the interest of such successors in accordance the Building, whether in whole or in part, pay over any unapplied part of said security to any vendee, transferee or lessee of the Building and shall thereupon be relieved of all liability with the terms respect thereto. Except in connection with a permitted assignment of this Agreementlease, Tenant shall not assign or encumber or attempt to assign or encumber the monies deposited herein as security or any interest thereon to which Tenant is entitled, and neither Owner nor its successors or assigns shall be bound by any such assignment, encumbrance, attempted assignment or attempted encumbrance. AdditionallyIn any event, during each year in the absence of evidence satisfactory to Owner of an assignment of the Term right to receive the security, or the remaining balance thereof, Owner may return the security to the original Tenant regardless of one or more assignments of this Agreement or at Lessor’s reasonable request in writing, the Lessee shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purposelease.

Appears in 1 contract

Sources: Office Lease (Media Metrix Inc)

Security Deposit. The (a) Lessee states that its Guarantor has executed the Guaranty has, simultaneously with the execution of this Lease, deposited with Lessor, which guarantees all in cash or by check subject to collection, the sum of eight thousand and 00/100 ($8,000.00). Said deposit shall be held as security for the faithful performance by Lessee of the obligations the Lessee has assumed in the terms of this Lease andterms, upon signing this Agreementcovenants, Lessee shall deliver such Guaranty to the Lessor. Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any of its obligations under the Lease, Lessor may apply the Security Deposit on account of such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security Deposit, Lessee, immediately after notice from Lessor, shall deposit with Lessor the amount so applied so that Lessor shall have the full Security Deposit available at all times during the Term provisions and conditions of this Lease. Likewise, It is agreed that in case the event Lessee defaults in respect to any of Rent increases in terms of this Agreement, the Lessee shall immediately deposit to Lessor the amount that may be necessary in order for the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term of this Lease, provided that if Lessee complies with all the terms, covenants covenants, provisions and conditions of this Lease, including (but not limited to) the Security Deposit (payment of Base Rent or Additional Rent, and fails to cure any such defaults within applicable grace periods, Lessor may use, apply or appropriate the whole or any balance thereofpart of the security so deposited to the extent required for the payment of any Base Rent or Additional Rent or for the curing of any defaults by Lessee hereunder pursuant to Paragraph 29 hereof; provided, however, that no such use, application, or appropriation of the deposit shall be deemed to relieve Lessee of any breach of this Lease and shall be in addition to other remedies under this Lease. (b) Should the entire deposit or any portion thereof be appropriated and applied by Lessor under the foregoing provisions, then Lessee shall (upon the written demand of Lessor) forthwith remit to Lessor a sufficient amount in cash to restore said security to the original sum deposited, and Lessee's failure to do so within ten (10) days after receipt of such demand shall itself constitute an event of default under this Lease. (c) The security deposit (less any amounts applied as provided in subsection (a) above) shall be returned to Lessee not later than forty-five within thirty (4530) calendar days after the delivery of possession of date fixed as the entire Leased Property to Lessor in accordance with the terms of this Agreement. Additionally, during each year end of the Term of this Agreement Lease and delivery of entire possession of the Leased Premises to Lessor. (d) In the event of a sale, leasing or at other transfer of the land and building of which the Leased Premises forms a part, Lessor shall have the right to transfer the security and be released by Lessee from all liability for the return of such security deposit. Lessee shall look to the new Lessor solely for the return of said deposit. The provisions of this Paragraph 4(d) shall apply to every transfer or assignment made of the security deposit to a new Lessor’s reasonable request . (e) Lessee covenants that it will not assign or encumber or attempt to assign to encumber the security deposited herein and that neither Lessor nor its successors or assigns shall be bound by any such assignment, encumbrance, attempted assignment or attempted encumbrance. (f) Lessee shall not be entitled to any interest on the security deposit, and such funds need not be segregated or held as escrow by Lessor. (g) It is expressly understood and agreed that, in writingthe event of any termination of this Lease or re-entry upon or reletting of the Leased Premises on account of any default on the part of Lessee under this Lease, then, and in such event, the Lessee deposit shall deliver be retained and be subject to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered appropriation by Lessor for said purposeuntil this Lease would, by its terms, have expired absent such default.

Appears in 1 contract

Sources: Assignment and Assumption of Leases (North American Vaccine Inc)

Security Deposit. The Lessee states LESSOR acknowledges that its Guarantor it has executed received from LESSEE the Guaranty with sum of $ 2,697.40 (the Lessor"Security Deposit"), which guarantees all amount shall be security for the full and faithful performance and observance by LESSEE of its covenants and obligations under this Lease. No interest shall be payable on the obligations the Lessee has assumed in the terms of this Lease andSecurity Deposit, upon signing this Agreement, Lessee shall deliver such Guaranty to the Lessor. Furthermore, Lessee shall deposit and it is agreed and acknowledged by LESSEE that the Security Deposit with Lessor upon signing is not an advance payment of rent or a measure of LESSOR's damages in the case of default by LESSEE. Upon the occurrence of a default under this Agreement. If Lessee does not fulfill any of its obligations under the Lease, Lessor may apply LESSOR may, but shall not be obligated to, use, apply, or retain the Security Deposit on account of such obligation whole or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security Deposit to the extent required for the payment of any rental and additional rent or any other sums to which LESSEE is in default or for the payment of any other damage, injury, expense, or liability resulting from any default. Following any such application of the Security Deposit, Lessee, immediately after notice from Lessor, LESSEE shall deposit with Lessor pay to LESSOR on demand the amount so applied so that Lessor shall have the full Security Deposit available at all times during the Term of this Lease. Likewise, in case of Rent increases in terms of this Agreement, the Lessee shall immediately deposit necessary to Lessor the amount that may be necessary in order for restore the Security Deposit to be equal to 2 (two) months of current Rent at all times during its original amount. In the Term of this Lease, provided event that if Lessee complies LESSEE shall fully and faithfully comply with all the terms, of its covenants and conditions of obligations under this Lease, the Security Deposit (or any balance thereof) shall be returned to Lessee not later than forty-five LESSEE within thirty (4530) calendar days after the expiration of the term of this Lease and after delivery of possession of the entire Leased Property to Lessor Premises of LESSOR in accordance with the terms hereof. In the event of this Agreement. Additionally, during each year a sale or lease of the Term of Building, subject to this Agreement or at Lessor’s reasonable request in writingLease, LESSOR shall be released from all liability for the Lessee shall deliver to Lessor copy return of the audited financial statements of Lessee and/or the Guarantor corresponding Security Deposit and LESSEE shall look to the preceding yearnew lessor for the return of the Security Deposit. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due This provision shall apply to the economic solvency every transfer or assignment made of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreementa new lessor. Any mortgagee or ground lessor shall not be responsible to LESSEE for the return or application of the Security Deposit, whether or not it succeeds to the Lessee shall improve and/or substituteposition of LESSOR hereunder, as the case may be, the Guaranty and/or unless the Security Deposit shall have been received in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered hand by Lessor for said purposesuch mortgagee or ground lessor.

Appears in 1 contract

Sources: Sublease Agreement (Stupid Pc Inc /Ga)

Security Deposit. The Lessee states that its Guarantor has executed the Guaranty with the Lessor, which guarantees all of the obligations the Lessee has assumed in the terms of this Lease and, upon signing this Agreement, Lessee shall deliver such Guaranty to the Lessor. Furthermore, Lessee shall deposit with Lessor on the signing of this Lease, the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any as defined in the Preamble for the full and faithful performance of its Lessee's obligations under the this Lease, including without limitation, the surrender of possession of the Premises to Lessor may apply the Security Deposit on account of such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's defaultas herein provided. If Lessor applies any part of the said Security Deposit, Deposit to cure any default of Lessee, immediately after notice from LessorLessee shall, shall on demand, deposit with Lessor the amount so applied so that Lessor shall have the full Security Deposit available on hand at all times during the Term of this Lease. LikewiseIn the event a bona fide sale, in case of Rent increases in terms of subject to this AgreementLease, Lessor shall have the Lessee shall immediately deposit right to Lessor the amount that may be necessary in order for transfer the Security Deposit to the vendee, and Lessor shall be equal considered released by Lessee from all liability for the return of the Security Deposit; and Lessee agrees to 2 (two) months look solely to the new lessor for the return of current Rent at all times during the Term Security Deposit, and it is agreed that this shall apply to every transfer or assignment made of the Security Deposit to the new lessor, provided, however, the new vendee agrees to hold the Security Deposit under the same basis as Lessor. Provided this Lease, provided that if Lessee complies with all the terms, covenants and conditions of this LeaseLease is not in default, the Security Deposit (less any portions thereof used, applied or any balance thereof) retained by Lessor in accordance with the provisions of this Article 16), shall be returned to Lessee not later than forty-five (45) calendar days after the expiration or sooner termination of this Lease and after delivery of possession of the entire Leased Property Premises to Lessor in accordance with the terms provisions of this AgreementLease. Additionally, during each year of the Term of this Agreement Lessee covenants that it will not assign or at Lessor’s reasonable request in writing, the Lessee shall deliver encumber or attempt to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or assign or encumber the Security Deposit to fully guarantee and Lessor shall not be bound by any such assignment, encumbrance or attempt thereof. In the event of the insolvency of Lessee’s obligations derived from this Agreement, or in the event of the entry of a judgement in any court against Lessee which is not discharged within thirty (30) days after entry, or in the event a petition is filed by or against Lessee under any chapter of the bankruptcy laws of the State of New Jersey or the United States of America, then in such event, Lessor may require the Lessee shall improve and/or substitute, as to deposit additional security in an amount which in Lessor's sole judgement would be sufficient to adequately assure Lessee's performance of all of its obligations under this Lease including all payments subsequently accruing. Failure of Lessee to deposit the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and security required by this Article 16 within the 30 ten (thirty10) days following to the notification in writing delivered after Lessor's written demand shall constitute a material breach of this Lease by Lessor for said purposeLessee.

Appears in 1 contract

Sources: Lease Agreement (Digital Lightwave Inc)

Security Deposit. The Lessee states security deposit agreed upon by the PARTIES amounts to US$ 47,504 (forty seven thousand, five hundred and four United States Dollars), equivalent to two months’ rent. The PARTIES agree that its Guarantor has executed such amount is paid as follows; (i) the Guaranty with amount of US$ 12,806 (twelve thousand, eight hundred and six United States Dollars) was paid by LESSEE to LESSOR on March 31st, 2004, by reason of the Lessorprevious lease agreement (signed on ▇▇▇▇▇ ▇▇, which guarantees ▇▇▇▇), (▇▇) the amount of US$ 27,290 (twenty-seven thousand, two hundred and ninety United States Dollars) was paid by LESSEE to LESSOR on March 31st, 2007, by reason of this lease agreement, and (iii) the amount of US$ 7,408 (seven thousand, four hundred and eight United States Dollars) is paid by LESSEE to LESSOR by means of a check payable to LESSOR’s order for the amount of Argentine Pesos sufficient to purchase the amount of dollars specified above. This agreement shall be sufficient evidence of receipt thereof. Such amount shall not accrue any interest whatsoever and shall be used as compensation for any damages that LESSEE may cause to the leased premises from the moment delivery of possession is received. The amount shall be reimbursed to LESSEE upon termination of the agreement and when the premises are returned in the conditions established herein and once any amounts owed or necessary to restore the missing items or items to be replaced have been deducted. The parties agree that LESSOR’s failure to reimburse the amount given as Security Deposit by LESSEE shall empower LESSEE, once the premises are delivered in the agreed-upon conditions and the proportional amounts owed by LESSEE for the consumption of public utility services are paid, all of which shall not exceed a period of twenty (20) business days from the obligations date the Lessee has assumed in premises are delivered to LESSOR, to file for a summary proceeding claiming the terms of this Lease and, upon signing this Agreement, Lessee shall deliver such Guaranty to the Lessor. Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any of its obligations under the Lease, Lessor may apply the Security Deposit on account of such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part undue withholding of the Security Depositamount without prior notice to LESSOR being necessary. The delayed reimbursement of the security deposit shall entail the LESSOR’s default and undue withholding of the amount, Lesseeand shall consequently accrue a monthly penalty interest equivalent to 2% per month for the period during which the security deposit was withheld from the termination of the agreement and the delivery of the leased premises until the effective reimbursement. The PARTIES agree that such amount shall be paid at LESSOR’s offices located at Tronador 4890 10th floor, immediately after notice from Lessor, shall deposit with Lessor the amount so applied so that Lessor Capital Federal.” All terms not expressly defined herein shall have the full Security Deposit available at all times during the Term of this Lease. Likewise, in case of Rent increases in terms of this Agreement, the Lessee shall immediately deposit to Lessor the amount that may be necessary in order for the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term of this Lease, provided that if Lessee complies with all the terms, covenants and conditions of this Lease, the Security Deposit (or any balance thereof) shall be returned to Lessee not later than forty-five (45) calendar days after the delivery of possession of the entire Leased Property to Lessor in accordance with the terms of this Agreement. Additionally, during each year of the Term of this Agreement or at Lessor’s reasonable request in writing, the Lessee shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding meaning ascribed to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to in the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purposeAGREEMENT.

Appears in 1 contract

Sources: Amendment Agreement (Mercadolibre Inc)

Security Deposit. The Lessee states that its Guarantor has executed Upon execution of this Lease by both parties, Tenant will pay to Landlord the Guaranty with the Lessor, which guarantees all sum set forth in l. (k) of the obligations Basic Lease Provisions as security for the Lessee has assumed full and faithful performance by Tenant of each and every term, covenant and condition of this Lease. In the event that Tenant is in default under this Lease, or fails to perform any of the terms, provisions and conditions of this Lease, Landlord may use, apply, or retain the whole or any part of the security so deposited for the payment of any sum due Landlord or which Landlord may expend or be required to expend by reason of the Tenant's default or failure to perform, including, but not limited to, any damages or deficiency in the reletting of the Demised Premises; provided. however, that any such use, application or retention by Landlord of the whole or any part of the security deposit shall not be or be deemed to be an election of remedies by Landlord or viewed as liquidated damages, it being expressly understood and ayreed that, notwithstanding such use, application or retention, Landlord shall have the r qlit to pursue any and all other remedies available to it under the terms of this Lease and, upon signing this Agreement, Lessee or ot@erwise. In the event that Tenant shall deliver such Guaranty to the Lessor. Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any of its obligations under the Lease, Lessor may apply the Security Deposit on account of such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security Deposit, Lessee, immediately after notice from Lessor, shall deposit with Lessor the amount so applied so that Lessor shall have the full Security Deposit available at all times during the Term of this Lease. Likewise, in case of Rent increases in terms of this Agreement, the Lessee shall immediately deposit to Lessor the amount that may be necessary in order for the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term of this Lease, provided that if Lessee complies comply with all of the terms, covenants and conditions of this Lease, the Security Deposit (or any balance thereof) security deposit shall be returned to Lessee not later than forty-five Tenant within thirty (4530) calendar days after the compliance has been ascertained by Landlord and after delivery of possession of the entire Leased Property Demised Premises to Lessor in accordance with Landlord. In the terms event of this Agreement. Additionally, during each year a sale of the Term of this Agreement or at Lessor’s reasonable request in writingBuilding, Landlord shall have the Lessee shall deliver right to Lessor copy of transfer the audited financial statements of Lessee and/or the Guarantor corresponding security deposit to the preceding yearpurchaser, and Landlord shall thereupon be released from all liability for the return of such security deposit. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due Tenant shall look solely to the economic solvency new landlord for the return of Lessee and/or such security deposit. Tenant shall not assign or encumber the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreementmoney deposited as security, the Lessee and neither Landlord nor it's successors or assigns shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered be bound by Lessor for said purposeany such assignment or encumbrance.

Appears in 1 contract

Sources: Industrial Lease Agreement (Thrucomm Inc)

Security Deposit. The Lessee states that its Guarantor has executed the Guaranty Lessee, contemporaneously, with the Lessorexecution of this Lease, has deposited with Lessor the sum of Two Thousand Six Hundred Eighteen and 50/00 Dollars ($2,618.50), receipt of which is hereby acknowledged by Lessor as security for the full and faithful performance by Lessee of all the terms, covenants, and conditions of this Lease upon Lessee's part to be performed, which guarantees sum shall be returned to Lessee after the time fixed as the expiration of the term hereof, provided Lessee has fully and faithfully carried out all of the obligations the Lessee has assumed in the terms of this Lease andterms, upon signing this Agreementcovenants, Lessee shall deliver such Guaranty to the Lessor. Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any of its obligations under the Lease, Lessor may apply the Security Deposit and conditions on account of such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's defaultpart to be performed. If Lessor applies shall have the right, but not the obligation, to apply any part of the Security Deposit, deposit to cure any default of Lessee, immediately after notice from Lessorand if Lessor does so, shall Lessee shall, upon demand, deposit with Lessor the amount so applied so that Lessor shall have the full Security Deposit available deposit on hand at all times during the Term term of this Lease. Likewise, in case of Rent increases in terms of this Agreement, Lessee's failure to pay to Lessor a sufficient amount to restore the Lessee shall immediately security deposit to Lessor the amount that may be necessary in order for the Security Deposit to be equal to 2 original sum deposited, within five (two5) months days after receipt of current Rent at all times during the Term of demand therefor, shall constitute a default under this Lease, provided that if . No interest shall be paid by Lessor to Lessee complies on such security deposit. Should Lessee comply with all of the terms, covenants covenants, and conditions of this LeaseLease and promptly pay all of the rent due hereunder, as it falls due, and all other sums payable by Lessee to Lessor hereunder, the Security Deposit (or any balance thereof) deposit shall be returned in full to Lessee not later than forty-five (45) calendar days after tenant at the delivery of possession end of the entire Leased Property to Lessor in accordance with the terms term of this AgreementLease or at the earliest termination of this Lease. Additionally, during each year In the event of a sale of the Term Premises or the Property, Lessor shall have the right to transfer the security deposit to the vendee, and Lessor shall be released from all further liability for the return of such security deposit. Lessee agrees to look solely to the new Lessor for the return of the security deposit. The provisions of this Agreement Paragraph shall apply to every transfer or at assignment made of the security deposit to a new Lessor’s reasonable request in writing. The security deposit under this Lease shall not be mortgaged, assigned, or encumbered by the Lessee shall deliver to without the written consent of Lessor copy and may be commingled with other funds of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purpose.

Appears in 1 contract

Sources: Lease Agreement (Neogen Corp)

Security Deposit. The Lessee states Owner shall transfer the security deposit in the amount of $4,133.00 that its Guarantor has executed Owner is holding under the Guaranty with License Agreement, to hold as the Lessor, which guarantees security required under this Lease (the "Security Deposit") in order to secure the faithful performance by Tenant of all of the obligations the Lessee has assumed covenants, conditions and agreements set forth in the terms of this Lease andto be performed by it, including, without limitation, foregoing such covenants, conditions and agreements in this Lease which become applicable upon signing this Agreementits termination by re-entry or otherwise, Lessee shall deliver such Guaranty to Tenant has deposited with Owner the Lessor. Furthermore, Lessee shall deposit sum shown above as a "Security Deposit" on the understanding: (i) that the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill or any portion thereof may be applied to the curing of its obligations under any default that may exist, without prejudice to any other remedy or remedies which the Lease, Lessor Owner may apply the Security Deposit have on account of thereof, and upon such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security Deposit, Lessee, immediately after notice from Lessor, application Tenant shall deposit with Lessor pay Owner on demand the amount so applied so that Lessor which shall have the full be added to lie Security Deposit available at all times during so the Term of this Lease. Likewise, in case of Rent increases in terms of this Agreement, same will be restored to its original amount; (ii) that should the Lessee shall immediately deposit to Lessor the amount that may Premises be necessary in order for the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term of this Lease, provided that if Lessee complies with all the terms, covenants and conditions of this Leaseconveyed by Owner, the Security Deposit (or any balance thereof may be turned over to the Owner's grantee, and if the same be turned over as aforesaid, Tenant hereby releases Owner from any and all liability with respect to the Security Deposit and its application or return, and Tenant agrees to look solely to such grantee for such application or return; (iii) that Owner shall not be roquired to keep the Security Deposit in a separate account for the benefit of Tenant but may commingle it with security deposits of all other tenants in the Building; (iv) that the Security Deposit shall not be considered as advance payment of Rent or a measure of damages for any default by Tenant, nor shall it he a bar or defense to any actions by Owner against Tenant; and (v) that if Tenant shall faithfully perform all of the covenants and agreements contained in this Lease on the part of the Tenant to be performed, the Security Deposit or any then remaining balance thereof) , shall be returned to Lessee not later than forty-five Tenant, without interest, within thirty (4530) calendar days after the delivery of possession expiration of the entire Leased Property to Lessor in accordance with Term, Tenant further covenants that it will not assign or encumber the terms of this Agreement. Additionally, during each year of the Term of this Agreement or at Lessor’s reasonable request in writing, the Lessee shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the money deposited herein as a Security Deposit to fully guarantee Lessee’s obligations derived from this Agreementand that neither Owner nor its successors or assigns shall he bound by any such assignment, the Lessee shall improve and/or substituteencumbrance, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purposeattempted assignment or attempted encumbrance.

Appears in 1 contract

Sources: Lease Agreement (Photomedex Inc)

Security Deposit. i) The Lessee states that its Guarantor has executed ▇▇▇▇▇▇▇ Money Deposited by the Guaranty contractor with his tender will be retained by the Lessor, which guarantees all Railways as part of Security for the due and faithful fulfillment of the obligations contract by the Lessee has assumed contractor. The balance to make up the security deposit, will be recovered by percentage deduction from the Contractor’s “on account” bills. Provided also that in case of defaulting contractor the Railway may retain any amount due for payment to the Contractor on the pending “on account bills” so that the amounts so retained may not exceed 10% of the total value of the contract. ii) Unless otherwise specified in the terms of this Lease andspecial conditions, upon signing this Agreementif any, Lessee shall deliver such Guaranty to the Lessor. Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any of its obligations under the Lease, Lessor may apply the Security Deposit on account of such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security Deposit, Lessee, immediately after notice from Lessor, /rate of recovery/mode of recovery shall deposit with Lessor be as under:- a. Security Deposit for each work should be 5% of the contract value. b. The rate of recovery should be at the rate of 10% of the bill amount so applied so that Lessor shall have till the full Security Deposit available at is recovered, c. Security Deposits will be recovered only from the running bills of the contract and no other mode of collecting SD such as SD in the form of instruments like BG, FD etc. shall be accepted towards Security Deposit. Security Deposit shall be released only after the expiry of the Maintenance Period ( in this case there is no maintenance period) . Hence, SD will be released after passing the final bill and on obtaining No Claim Certificate as certified by the Competent Authority. The Competent Authority shall normally be the authority who is competent to sign the contract. If this Competent Authority is of the rank lower than JA Grade, then a JA Grade Officer (concerned with the work) should issue the certificate. The certificate, inter alia, should mention that the work has been completed in all times during respects maintained satisfactorily and that all the Term of this Lease. Likewisecontractual obligations have been fulfilled by the contractors and that there is no due from the contractor to Railways against the contract concerned, iii) No interest will be payable upon the ▇▇▇▇▇▇▇ Money and Security Deposit or amounts payable to the Contractor under the Contract, in case of Rent increases but Government Securities deposited in terms of this Agreement, the Lessee shall immediately deposit to Lessor the amount that may be necessary in order for the Security Deposit to be equal to 2 Sub Clause (two1) months of current Rent at all times during the Term of this Lease, provided that if Lessee complies clause will be payable with all the terms, covenants and conditions of this Lease, the Security Deposit (or any balance thereof) shall be returned to Lessee not later than forty-five (45) calendar days after the delivery of possession of the entire Leased Property to Lessor in accordance with the terms of this Agreement. Additionally, during each year of the Term of this Agreement or at Lessor’s reasonable request in writing, the Lessee shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purposeinterest accrued thereon.

Appears in 1 contract

Sources: Works Contract

Security Deposit. The Lessee states that its Guarantor Sublessee has executed simultaneously herewith deposited with Sublessor a certified or bank check in the Guaranty amount of $100,000.00 the proceeds of which (the "Security"). All sums deposited by Sublessee with Sublessor pursuant to this -------- Paragraph 32 shall be held as security for the Lessor, which guarantees full and punctual performance by ------------ Sublessee of all of the obligations the Lessee has assumed in the terms of this Lease and, upon signing this Agreement, Lessee Sublease and shall deliver such Guaranty to the Lessor. Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreementbe maintained in an interest-bearing account selected by Sublessor. If Lessee does not fulfill Sublessee defaults in the performance of any of its obligations under the Leaseterms of this Sublease, Lessor including the payment of Fixed Rent or any Additional Rent, Sublessor may use, apply or retain the Security Deposit on account of such obligation whole or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security Deposit, Lessee, immediately after notice from Lessor, shall deposit with Lessor and interest thereon to the amount so applied so that Lessor shall have extent required for the full Security Deposit available at all times during payment of any such Rent or for any sum which Sublessor may expend or may be required to expend by reason of Sublessee's default in respect of any of the Term of this Lease. Likewise, in case of Rent increases in terms of this AgreementSublease, including any damages or deficiency in the re-letting of the Premises, whether accruing before or after summary proceedings or other re-entry by Sublessor. In the case of every such use, application or retention, Sublessee shall, on demand, pay to Sublessor the sum so used, applied or retained which shall be added to the Security so that the same shall be replenished to its former amount, and any failure by Sublessee to pay such sum on demand shall constitute a default under this Sublease. If any bankruptcy, insolvency, reorganization or other credit-debtor proceedings shall be instituted by or against Sublessee, or its successors or assigns, or the guarantor, if any, any Security and interest thereon with Sublessor pursuant to this Paragraph shall be deemed to be applied first to the payment of any Rents and/or other charges due Sublessor for all periods prior to the institution of such proceedings and the balance, if any, of such Security with Sublessor may be retained by Sublessor in partial liquidation of Sublessor's damages. If Sublessee shall fully and punctually comply with all of the terms of this Sublease, the Lessee shall immediately deposit to Lessor unapplied portion of the amount that may be necessary in order for the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term of this LeaseSecurity, provided that if Lessee complies with all the termsinterest, covenants and conditions of this Lease, the Security Deposit (or any balance thereof) shall be returned to Lessee not later than forty-five (45) calendar days Sublessee after the termination of this Sublease and delivery of exclusive possession of the entire Leased Property Premises to Lessor in accordance Sublessor; provided that until the occurrence of such events, Sublessor may retain a one (1%) percent administration fee per annum with respect to such Security. In the terms event of a transfer of Sublessor's interest under this Agreement. AdditionallySublease, during each year Sublessor shall have the right to transfer the Security and interest thereon to the transferee and Sublessor shall upon such transfer be released by Sublessee from all liability for the return of such Security; and Sublessee agrees to look solely to the transferee Sublessor for the return of said Security; and it is agreed that the provisions hereof shall apply to every transfer or assignment made of the Term of this Agreement Security to a Sublessor. Sublessee shall not assign or at Lessor’s reasonable request in writingencumber or attempt to assign or encumber the sums deposited herein as Security or the interest thereon and neither Sublessor nor its successors or assigns shall be bound by any such assignment, the Lessee shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purposeencumbrance or attempted assignment or encumbrance.

Appears in 1 contract

Sources: Sublease (Multex Systems Inc)

Security Deposit. (i) The Lessee states that its Guarantor has executed purchaser binds himself to perform all the Guaranty with acts and duties as are required to be carried out and to restrain himself and his servants and agents from doing all those acts as are prohibited, by or under the Lessor, which guarantees all provisions of the obligations Adhiniyam and rules made there under, ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ and rules made there under to the Lessee has assumed in extent these are applicable to this agreement and for timely observance and compliance of the terms of this Lease and, upon signing this Agreement, Lessee shall deliver such Guaranty to the Lessor. Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any of its obligations under the Lease, Lessor may apply the Security Deposit on account of such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security Deposit, Lessee, immediately after notice from Lessor, shall deposit with Lessor the amount so applied so that Lessor shall have the full Security Deposit available at all times during the Term of this Lease. Likewise, in case of Rent increases in terms of this Agreement, the Lessee shall immediately deposit to Lessor the amount that may be necessary in order for the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term of this Lease, provided that if Lessee complies with all the terms, covenants and conditions of this Leaseagreement, he has deposited with the Security Deposit (or any balance thereof) shall be returned to Lessee not later than forty-five (45) calendar days after the delivery Chief Conservator of possession Forests a sum of the entire Leased Property to Lessor Rs. ………………………………………… by way of security in accordance with the terms provisions of this Agreement. AdditionallyTender Notice. (ii) This security deposit can be adjusted either wholly or in part as the case may be, during each year by the Divisional Forest Officer towards any amount recoverable from the purchaser, including the purchase price under provisions of the Term Adhiniyan, Niyamavali, Purchaser's agreement and the terms and conditions of this Agreement or at Lessor’s reasonable request in writingthe tender notice and all such deductions shall have to be made good, by the purchaser by depositing an equal amount within 15 days of issue of the notice to that effect. (iii) If the dues to be recovered from the purchaser exceed the amount of security deposit, the Lessee amount in excess shall deliver unless made good to Lessor copy the Divisional Forest Officer within 15 days from the date of issue of the audited financial statements notice to that effect, be recoverable as arrears of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the land revenue. (iv) The Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, or the Lessee shall improve and/or substitutebalance amount (excluding the bank guarantee), as the case may be, except the Guaranty and/or 5% of purchase price as cash or bank guarantee as desired by the purchaser, shall be adjusted in the last installment if the delivery is being given from the godown and towards the last payment if the leaves are released from the phad after Divisional Forest Officer is satisfied, that purchaser has complied with all the terms and conditions of the purchaser's agreement, the Adhiniyam, Niyamavali and conditions of the tender notice, and no amount is outstanding against him. (v) After the adjustment of the security deposit as per sub condition (iv) above, the balance Security Deposit in accordance with the foregoing and within the 30 (thirty) days following terms of bank guarantee/cash will be refunded to the notification in writing delivered by Lessor for said purposepurchaser after Divisional Forest Officer is satisfied, that purchaser has complied with all the terms and conditions of the purchaser's agreement, the Adhiniyam, Niyamavali and conditions of the tender notice, and no amount is outstanding against him.

Appears in 1 contract

Sources: Purchaser's Agreement

Security Deposit. The Lessee states that its Guarantor has executed the Guaranty with the Lessor, which guarantees all of the obligations the Lessee has assumed in deposited with Lessor as security for the performance by Lessee of the terms of this Lease and, upon signing this Agreement, Lessee shall deliver such Guaranty to the Lessor. Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreementset forth in Section 1.1(m) hereof. If Lessee does not fulfill any of its obligations under the Lease, Lessor may use, apply or retain (without liability for interest) during the Security Deposit on account of such obligation Term the whole or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security Deposit, Lessee, immediately after notice from Lessor, shall deposit with Lessor Deposit to the amount so applied so that Lessor shall have extent required for the full Security Deposit available at all times during the Term payment of this Lease. Likewise, in case of Rent increases in terms of this Agreement, the any rents or other sums as to which Lessee shall immediately deposit to Lessor the amount that may be necessary in order default hereunder or for any sums which Lessor may expend or any damage Lessor may suffer by reason of Lessee's default in respect of any of the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term terms of this Lease, provided that if including, but not limited to, any deficiency or damage incurred in reletting the Demised Premises. The covenants in this Section 11.3 are personal covenants between Lessor and Lessee complies and not covenants running with the land, and in no event will Lessor's mortgagee(s) or any purchaser at a foreclosure sale or sale in lieu of foreclosure be liable to Lessee for the return of the Security Deposit. The Security Deposit will be held in the AFCO Realty Services, LLC Escrow Money Market Account, #325-171-2206, at Bank of America. All interest earned on said security deposit shall be retained by AFCO Realty Services, LLC, and shall not be payable to either the Lessee nor Lessor. Lessee shall not assign nor encumber its interest in the Security Deposit, and neither Lessor nor its successors and assigns shall be bound by any attempted assignment or encumbrance. Provided Lessee shall comply with all the terms, covenants and conditions terms of this Lease, the Security Deposit (or any balance thereof) shall be returned to Lessee not later than forty-five (45applied by Lessor as provided in Section 1.1(m) calendar days after hereof. In the delivery event of possession a sale of the entire Leased Property to Lessor in accordance with the terms Shopping Center or assignment of this Agreement. AdditionallyLease by Lessor to any person other than a mortgagee, during each year of Lessor shall have the Term of this Agreement or at Lessor’s reasonable request in writing, the Lessee shall deliver right to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or transfer the Security Deposit to fully guarantee Lessee’s obligations derived its vendee or assignee, subject to the provisions of this Lease, and thereupon Lessor shall be released from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or any liability with respect to the Security Deposit in accordance with the foregoing Deposit, and within the 30 (thirty) days following such vendee or assignee shall be solely responsible to the notification in writing delivered by Lessor for said purposeLessee therefor.

Appears in 1 contract

Sources: Shopping Center Lease (Futurus Financial Services Inc)

Security Deposit. The Lessee states that its Guarantor has executed the Guaranty with the Lessor, which guarantees all of the obligations the Lessee has assumed in the terms of this Lease and, upon signing this Agreement, Lessee shall deliver such Guaranty to the Lessor. Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any of its obligations under the Lease, Lessor may apply the Security Deposit on account of such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security Deposit, Lessee, immediately after notice from Lessor, shall deposit with Lessor the amount so applied so that on January 2, 1997, One ---------------- Hundred Forty-one Thousand Two Hundred Ninety and No/100 dollars ($141,290.00). Said sum shall be held by Lessor shall have the full Security Deposit available at all times during the Term of this Lease. Likewise, in case of Rent increases in terms of this Agreement, the Lessee shall immediately deposit to Lessor the amount that may be necessary in order as security for the Security Deposit to be equal to 2 (two) months faithful performance by Lessee of current Rent at all times during the Term of this Lease, provided that if Lessee complies with all the terms, covenants and conditions of this Lease to be kept and performed by Lessee during the entire Term hereof. If Lessee defaults with respect to any provision of this Lease, including, but not limited to, the Security Deposit provisions relating to the payment of Rent or other charges pr sums due under this Lease, Lessor may (but shall not be required to) use, apply or retain all or any part of the security deposit for the payment of any Rent or other charges or sums due under this Lease or any sum in default, or for the payment of any amount which Lessor may spend or become obligated to spend by reason of Lessee's default, or to compensate Lessor for any other loss, damage, cost or expense (including attorneys' fees) which Lessor may suffer or incur by reason of Lessee's default. If any portion of said security deposit is so used or applied, Lessee shall, within five (5) days after written demand therefor, deposit a certified or cashier's check with Lessor in an amount sufficient to restore the security deposit to its original amount and Lessee's failure to do so shall be a default under this Lease. Lessor shall not be required to keep the security deposit separate from its general funds and Lessee shall not be entitled to interest on such deposit. If Lessee shall fully and faithfully perform every provision of this Lease to be performed by it, the security deposit or any balance thereof) thereof after deduction hereunder by Lessor shall be returned to Lessee not later than forty-five (45) calendar days after the delivery of possession of the entire Leased Property to Lessor in accordance with the terms of this Agreement. Additionallyor, during each year of the Term of this Agreement or at Lessor’s reasonable request in writing's option, the Lessee shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency last assignee of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and 's interest hereunder) within the 30 thirty (thirty30) days following to expiration of the notification Lease Term; provided, that in writing delivered the event this Lease shall be terminated upon the default of the Lessee, the security deposit shall be retained by Lessor for and all of Lessee's interest therein shall terminate and the security deposit will be applied against the damages suffered by Lessor by reason of the Lessee's default. In the event of termination of Lessor's interest in this lease, Lessor shall transfer said purposedeposit to Lessor's successor in interest.

Appears in 1 contract

Sources: Industrial Lease (Homegrocer Com Inc)

Security Deposit. The Lessee states that its Guarantor has executed shall deposit with Lessor on the Guaranty with the Lessor, which guarantees all of the obligations the Lessee has assumed in the terms signing of this Lease and, upon signing this Agreement, Lessee shall deliver such Guaranty to the Lessor. Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any as defined on the Reference Page for the full and faithful performance of its Lessee's obligations under the this Lease, including without limitation, the surrender of possession of the Premises to Lessor may apply the Security Deposit on account of such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's defaultas herein provided. If Lessor applies any part of the Security Deposit, said deposit to cure any default of Lessee, immediately after notice from Lessor, Lessee shall on demand deposit with Lessor the amount so applied so that Lessor shall have the full Security Deposit available deposit on hand at all times during the Term of this Lease. LikewiseIn the event of a bona fide sale, in case of Rent increases in terms of subject to this AgreementLease, Lessor shall have the Lessee shall immediately deposit right to Lessor the amount that may be necessary in order for transfer the Security Deposit to the vendee and Lessor shall be equal considered released by Lessee from all liability for the return of such Security Deposit; and Lessee agrees to 2 (two) months look solely to the new lessor for the return of current Rent at all times during the Term said Security Deposit, and it is agreed that this shall apply to every transfer or assignment made of this Lease, provided that if Lessee complies with all the terms, covenants and conditions of this Lease, the Security Deposit to a new lessor. The Security Deposit (less any portions thereof used, applied or any balance thereof) retained by Lessor in accordance with the provisions of this Section 17), shall be returned to Lessee not later than forty-five (45) calendar days after the expiration or sooner termination of this Lease without the fault of the Lessee and after delivery of possession of the entire Leased Property Premises to Lessor in accordance with the terms provisions of this AgreementLease. Additionally, during each year of the Term of this Agreement Lessee covenants that it will not assign or at Lessor’s reasonable request in writing, the Lessee shall deliver encumber or attempt to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or assign or encumber the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreementand Lessor shall not be bound by any such assignment, encumbrance or attempt thereof. In the event of the insolvency of Lessee or in the event of the entry of a judgment declaring Lessee insolvent or bankrupt in any court which is not discharged within thirty (30) days after entry, or in the event a petition is filed by or against Lessee under any chapter of the bankruptcy laws of the State of New Jersey or the United States of America, then and in such event Lessor may require the Lessee shall improve and/or substitute, as to deposit additional security in the case may be, amount specified in Subsection 8(E) (hereinafter called the Guaranty and/or "Additional Security Deposit") to adequately assure Lessee's performance of all of its obligations under this Lease including all payments subsequently accruing. Failure of Lessee to deposit the Additional Security Deposit in accordance with the foregoing and pursuant thereto within the 30 ten (thirty10) days following to the notification in writing delivered after Lessor's written demand shall constitute a default by Lessor for said purposeLessee.

Appears in 1 contract

Sources: Lease Agreement (Goamerica Inc)

Security Deposit. The Lessee states that its Guarantor has executed Insert the Guaranty with following paragraphs at the Lessor, which guarantees end of Article 23: In order to secure the faithful performance by Tenant of all of the obligations covenants, conditions and agreements set forth in this Lease to be performed by it including, without limitation, such covenants, conditions and agreements in this Lease which become applicable upon its termination by re-entry or otherwise, Tenant may, upon the Lessee has assumed in the terms full execution of this Lease and, upon signing this Agreement, Lessee shall deliver such Guaranty to the Lessor. Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill or at any of its obligations under the Lease, Lessor may apply the Security Deposit on account of such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security Deposit, Lessee, immediately after notice from Lessor, shall deposit with Lessor the amount so applied so that Lessor shall have the full Security Deposit available at all times during the Term of this Lease. Likewise, in case of Rent increases in terms of this Agreement, the Lessee shall immediately deposit to Lessor the amount that may be necessary in order for the Security Deposit to be equal to 2 (two) months of current Rent at all times time thereafter during the Term of this Lease, provided deposit with Landlord an irrevocable letter of credit (the "Letter of Credit") in the form attached hereto and incorporated herein as EXHIBIT F (and modifications thereto as required below), in lieu of the Security Deposit, from such bank which may be reasonably acceptable to Landlord on the understanding: (1) that the Letter of Credit will have an expiration date which is two months following the Expiration Date of the Lease and the Letter of Credit will be in the amount of not less than $220,000.00; (2) that upon the occurrence of a default under this Lease which continues beyond any applicable cure period, if Lessee complies any, the Letter of Credit may be drawn upon by Landlord in its full amount, and the amount drawn may be applied to the curing of any default under this Lease that may exist without prejudice to any other remedy or remedies which the Landlord may have on account thereof, with all any excess cash amount held as a Security Deposit hereunder, and upon such application Tenant shall pay to Landlord on demand the terms, covenants and conditions amount so applied which shall be held together with the balance of the funds drawn on the Letter of Credit as a Security Deposit. If a subsequent default under this LeaseLease should occur, the Security Deposit (or any balance thereof) shall may be returned to Lessee not later than forty-five (45) calendar days after the delivery of possession of the entire Leased Property to Lessor in accordance with the terms of this Agreement. Additionally, during each year of the Term of this Agreement or at Lessor’s reasonable request in writing, the Lessee shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding applied to the preceding year. Provided that if Lessorcuring of such default, based without prejudice to any other remedy or remedies which the Landlord may have on account thereof and upon such financial statementsapplication, reasonably and justifiably determines that due Tenant shall pay to Landlord on demand the economic solvency of Lessee and/or the Guarantor its necessary amount so applied in order to improve and/or substitute the Guaranty and/or replenish the Security Deposit to fully guarantee Lessee’s obligations derived from the amount held prior to the occurrence of any default under this AgreementLease; (3) that should a default under this Lease occur and the Letter of Credit be drawn upon, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or Tenant will only be entitled to a return of the Security Deposit upon the fulfillment (by performance or by the curing of any failure to perform) of all of the covenants and agreements contained in this Lease on the part of Tenant to be performed. Tenant further covenants that it will not assign or encumber the Letter of Credit or the money deposited herein as a Security Deposit and that neither Landlord nor its successors or assigns shall be bound by any such assignment, encumbrance, attempted assignments or attempted encumbrance. Notwithstanding anything contained herein to the contrary, Landlord shall return any remaining balance of the Security Deposit to Tenant, without interest, within five (5) business days following the sixtieth (60th) day after the expiration or earlier termination of the Term, provided there exists no uncured default by Tenant under the Lease as of the sixtieth (60th) day after the expiration of the Term; (4) that should the Premises or the property of which they are a part be conveyed by Landlord, the Letter of Credit and the Security Deposit or any balance thereof may be turned over or assigned to the Landlord's grantee, and if the same be turned over as aforesaid, Tenant hereby releases Landlord from any and all liability with respect to the Letter of Credit or the Security Deposit and their application or return, and Tenant agrees to look solely to such grantee for such application or return; if Landlord fails to turn over the Letter of Credit, the Security Deposit or any balance thereof to Landlord's grantee, then Landlord shall remain liable to Tenant for the return thereof. Should the bank issuing the Letter of Credit require the payment of a fee to allow the assignments of the Letter of Credit to the party to whom the Premises or the property of which they are a part, then Tenant agrees to pay such fee; and (5) that Landlord may commingle any cash held as a Security Deposit with other funds and shall not be obligated to pay Tenant any interest. The Security Deposit shall not be considered as advance payment of rent or a measure of damages for any default under this Lease by Tenant, nor shall it be a bar to defense of any actions by Landlord against Tenant. In the event Tenant elects to exercise its rights in accordance with this Article to substitute the foregoing Letter of Credit for the Security Deposit, Landlord shall return the Security Deposit to Tenant within ten days of receipt of the Letter of Credit in form and within the 30 (thirty) days following substance acceptable to the notification in writing delivered by Lessor for said purposeLandlord.

Appears in 1 contract

Sources: Office Lease (Authoriszor Inc)

Security Deposit. The Lessee states that its Guarantor has executed the Guaranty Concurrent with the Lessor, which guarantees all of the obligations the Lessee has assumed in the terms of this Lease and, upon signing this Agreement, Lessee shall deliver such Guaranty to the Lessor. FurthermoreCommencement Date, Lessee shall deposit with Lessor a sum equal to three (3) monthly installments of Rent (the “Security Deposit”) which shall be held by Lessor as security for the full and faithful performance by Lessee of each and every term, provision, covenant and condition of this Lease. Lessee may satisfy the Security Deposit with obligation in whole or in part by providing an irrevocable, unconditional letter of credit issued by a national bank or financial institution reasonably acceptable to Lessor upon signing naming Lessor as beneficiary (the “Letter of Credit”). The Letter of Credit, if any, meeting the requirements of this Agreement. If Section 4.3 shall be maintained in full force and effect by Lessee does not fulfill any for the benefit of its obligations under the Lease, Lessor may apply the Security Deposit on account of such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security Deposit, Lessee, immediately after notice from Lessor, shall deposit with Lessor the amount so applied so that Lessor shall have the full Security Deposit available at all times during the Term of this Lease. LikewiseWithin thirty (30) days prior to any expiration of the Letter of Credit, in case of Rent increases in terms of this Agreement, the Lessee shall immediately deposit to Lessor cause the amount that may be necessary in order for the Security Deposit same to be equal renewed and shall deliver the renewed Letter of Credit to 2 (two) months Lessor. If Lessee defaults in respect of current Rent at all times during the Term any of this Lease, provided that if Lessee complies with all the terms, provisions, covenants and conditions of this Lease, including, but not limited to, payment of any Rent and other sums of money payable by Lessee, Lessor may, but shall not be required to, in addition to and not in lieu of any other rights and remedies available to Lessor use, apply or retain the whole or any part of the Security Deposit to the payment of any sum in default, or any other sum, including but not limited to, any damages or deficiency in reletting the Leased Property, which Lessor may expend or be required to expend by reason of Lessee’s default. Whenever, and as often as, Lessor has used the Security Deposit to cure Lessee’s default hereunder, Lessee shall, within thirty (30) days after Notice from Lessor, deposit additional money (or additional or substitute Letter of Credit) with Lessor sufficient to restore the Security Deposit to the full amount originally paid. Upon delivery of a substitute Letter of Credit to Lessor, Lessor shall return the existing Letter of Credit to Lessee for cancellation. In the event there exists no uncured Event of Default on the part of Lessee hereunder at the time, the full amount of the Security Deposit (or any balance thereofthe original of the Letter of Credit) then on deposit with Lessor shall be returned to Lessee not later than forty-five (45) calendar days after promptly upon the delivery of possession of the entire Leased Property to Lessor in accordance with the terms expiration or earlier termination of this Agreement. Additionally, during each year of the Term of this Agreement or at Lessor’s reasonable request in writing, the Lessee shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purposeLease.

Appears in 1 contract

Sources: Lease Agreement (With Option to Purchase) (Advocat Inc)

Security Deposit. The Lessee states that its Guarantor has executed the Guaranty with the LessorUpon execution hereof, which guarantees all of the obligations the Lessee has assumed in the terms of this Lease and, upon signing this Agreement, Lessee shall deliver such Guaranty to the Lessor. Furthermore, Lessee Tenant shall deposit with Landlord the Security Deposit and Prepaid Rent set forth in Paragraphs 1.12 and 1.7, respectively, in cash, said sum representing security for the faithful performance and observance by Tenant of the terms, provisions and conditions of this Lease. Landlord shall apply Prepaid Rent in accordance with Lessor upon signing this AgreementParagraph 1.7 hereof. If Lessee does not fulfill It is agreed that in the event Tenant defaults in respect of any of its obligations under the terms, provisions and conditions of this Lease, Lessor including, but not limited to, the payment of Basic Rent and additional rent, Landlord may use, apply or retain the Security Deposit on account of such obligation whole or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security Deposit, Lessee, immediately after notice from Lessor, shall deposit with Lessor security so deposited to the amount so applied so that Lessor shall have extent required for the full Security Deposit available at all times during the Term payment of this Lease. Likewise, any rent and additional rent or any other sum as to which Tenant is in case of Rent increases in terms of this Agreement, the Lessee shall immediately deposit to Lessor the amount that default or for any sum which landlord may expend or may be necessary required to expend by reason of Tenant’s default in order for the Security Deposit to be equal to 2 (two) months respect of current Rent at all times during the Term any of this Lease, provided that if Lessee complies with all the terms, covenants and conditions of this Lease, including, but not limited to, any damages or deficiency in the reletting of the Premises, whether such damage occurred before or after summary proceedings or other re-entry by Landlord. In the event that Tenant shall fully and faithfully comply with all of the terms, provisions, covenants and conditions of this Lease, the Security Deposit (or Deposit, but not any balance prepaid rents, as tendered by Tenant, pursuant to this Paragraph, excluding any rent portion thereof) , shall be returned to Lessee not later than forty-five (45) calendar days Tenant after the date fixed at the end of the Lease and after delivery of entire possession of the entire Leased Property Premises to Lessor in accordance with Landlord. In the terms event of this Agreement. Additionally, during each year a sale of the Term Land or Building, of this Agreement or at Lessor’s reasonable request in writingwhich the Premises form a part, Landlord shall have the Lessee right to transfer the security to the vendee, and Landlord shall deliver thereupon be released by Tenant from all liability for the return of such security and Tenant agrees to Lessor copy look solely to the new Landlord for the return of said security. Tenant shall receive notice of any such sale and transfer of the audited financial statements Security Deposit. It is agreed that the provisions hereof shall apply to every transfer or assignment made of Lessee and/or the Guarantor corresponding security to a new Landlord. Tenant further covenants that it will not assign or encumber the moneys deposited herein as security and that neither Landlord not its assigns shall be bound by any such assignment or encumbrance. Landlord shall not be required to keep the security in a segregated account and the security may be commingled with other funds of Landlord, and in no event shall Tenant be entitled to any interest on the security. The mortgagee holding a mortgage encumbering the Building shall not be responsible to Tenant for the security deposit in the event such mortgagee becomes the owner of the Building through foreclosure or by reason of a deed in lieu thereof. Tenant agrees not to look to any Mortgagee or Purchaser at any foreclosure sale or Guarantee in a Deed given in lieu of foreclosure for the return of any Security Deposit given to Landlord unless Landlord has given such Deposit to any such entity, however in such event, any amount of such security shall be credited to Tenant, pursuant to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purposeLease.

Appears in 1 contract

Sources: Lease Agreement (Ediets Com Inc)

Security Deposit. The Lessee states that its Guarantor has executed Lessee’s “Security Deposit” under this Lease shall be the Guaranty amount specified in Article 1.i. above, which amount shall be deposited with Lessor as follows: Sixty-Three Thousand One Hundred Ninety-Seven and 75/100 Dollars ($63,197.75) of such Security Deposit shall be deposited with Lessor concurrently with the Lessor, which guarantees all of the obligations the Lessee has assumed in the terms of this Lease and, upon signing this Agreement, Lessee shall deliver such Guaranty to the Lessor. Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any of its obligations under the Lease, Lessor may apply the Security Deposit on account of such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security Deposit, Lessee, immediately after notice from Lessor, shall deposit with Lessor the amount so applied so that Lessor shall have the full Security Deposit available at all times during the Term of this Lease. Likewise, in case of Rent increases in terms of this Agreement, the Lessee shall immediately deposit to Lessor the amount that may be necessary in order for the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term execution of this Lease, provided that if and Three Hundred Thousand Dollars ($300,000.00) of such Security Deposit shall be deposited with Lessor on or before the Commencement Date (and the full deposit of such funds shall be a condition precedent to Lessee’s right to occupy the Premises, although the Commencement Date shall occur notwithstanding any delay in Lessee’s deposit of such funds). The Security Deposit shall be held by Lessor as security for the faithful performance by Lessee complies with of all the terms, covenants and conditions of this Lease to be kept and performed by Lessee during the Term. If Lessee defaults with respect to any provision of this Lease, including, but not limited to the provisions relating to the payment of Rentals or relating to the condition of the Premises at Lease Termination, Lessor may (but shall not be required to) use, apply or retain all or any part of the Security Deposit (for the payment of any Rental or any balance thereofother sum in default, or for the payment of any amount which Lessor may spend or become obligated to spend by reason of Lessee’s default, or to compensate Lessor for any other reasonable loss or damage which Lessor may suffer by reason of Lessee’s default. If any portion of the Security Deposit is so used or applied, Lessee shall within twenty (20) days after written demand therefor, deposit cash with Lessor in an amount sufficient to restore the Security Deposit to its original amount and Lessee’s failure to do so shall be a material breach of this Lease. Lessor shall not be required to keep the Security Deposit separate from its general funds, and Lessee shall not be entitled to interest on the Security Deposit; provided, however, that if Lessee has not theretofore been in default under this Lease (after the expiration of any applicable cure period), Lessee shall be entitled to a credit in the amount of Twenty-Two Thousand Five Hundred Dollars ($22,500.00) against Base Rent otherwise coming due for the seventy-third (73rd) month of the Term. Lessor is not a trustee of the Security Deposit and may use it in ordinary business, transfer it or assign it, or use it in any combination of such ways. Lessee hereby grants to Lessor a first priority security interest in the Security Deposit. Upon Lessor’s request, Lessee shall promptly execute a separate security agreement, financing statement and/or such other documentation as may be requested by Lessor to further document and perfect Lessor’s security interest in the Security Deposit. If Lessee has then fully and faithfully performed every provision of this Lease to be performed by it, then Lessor shall apply Sixty Thousand Dollars ($60,000.00) of such Security Deposit to monthly Base Rent for each of the thirteenth (13th), twenty-fifth (25th), thirty-seventh (37th), forty-ninth (49th) and sixty-first (61st) months of the Term and upon each such application, the amount of the Security Deposit for purposes of this Lease shall be reduced by the amount then being applied, and within two (2) weeks after Lease Termination and vacation of the Premises, the remaining portion of the Security Deposit shall be returned to Lessee not (or, at Lessor’s option, to the last assignee of Lessee’s interest hereunder) by Lessee or its last assignee; provided, however if any portion or the Security Deposit is to be applied to repair damages to the Premises caused by Lessee or Lessee’s Agents or to clean the Premises, then the balance of the Security Deposit shall be returned to Lessee (or, at Lessor’s option to the last assignee of Lessee’s interests hereunder) no later than forty-five thirty (4530) calendar days after from the delivery of date Lessor receives possession of the entire Leased Property Premises. Lessee shall not transfer or encumber the Security Deposit nor shall Lessor be bound by Lessee’s attempt to Lessor in accordance with the terms of this Agreementdo so. Additionally, during each year of the Term of this Agreement or at If Lessor’s reasonable request interest in writingthis Lease is terminated, the Lessee Lessor shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or transfer the Security Deposit to fully guarantee LesseeLessor’s obligations derived successor in interest, and upon such transfer, Lessor shall be released from this Agreement, the any liability to Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or with respect to the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following Lessee shall look only to the notification in writing delivered by Lessor transferee for said purposeany return of the Security Deposit to which Lessee shall be entitled.

Appears in 1 contract

Sources: Net Office Lease (Vyyo Inc)

Security Deposit. The Lessee states Sublessee shall deposit with Sublessor, as security for the faithful performance and observance by Sublessee of the terms, conditions, covenants and provisions of this Sublease, including the timely and proper surrender of possession of the Subleased Premises the following security: (1) Sublessee shall deliver to Sublessor upon execution of this Sublease a clean, irrevocable, non-documentary (other than the sight draft referred to therein) and unconditional Letter of Credit (the "Letter of Credit") in an amount equal to Eight Hundred Forty-Three Thousand Two Hundred Seventy-Eight and 75/100 Dollars ($843,278.75) (the "Security Deposit" issued by and drawn upon any commercial bank (hereinafter referred to as the "Issuing Bank") with offices for banking purposes in the City of Boston and which shall mean FleetBoston Bank or any other bank, trust company, national banking association or savings and loan association which (or the parent company of which) have outstanding unsecured, uninsured and unguaranteed indebtedness that its Guarantor is then rated, without regard to qualification of such rating by symbols as "+" or "-" or numerical notation, "Aa" or better by Mood▇'▇ ▇▇▇estors Service and "AA" or better by Standard & Poor's Corporation, and has executed the Guaranty with the Lessorcombined capital, surplus and undivided profits of not less than $500,000,000.00, which guarantees all Letter of Credit shall have a term of not less than one year, be in form and content satisfactory to Sublessor, be for the account of Sublessor and be fully transferable by Sublessor in its entirety, but not in part, without the payment of any fees or charges, if being agreed that if any such fees or charges shall be so imposed, then such fees or charges shall be paid by Sublessee. The Letter of Credit shall provide that it shall be deemed automatically renewed, without amendment, for consecutive periods of one year each thereafter during the term of this Lease, unless the Issuing Bank sends notice (the "Non-Renewal Notice") to Sublessor by certified mail, return receipt requested, not less than thirty (30) days next preceding the then expiration date of the obligations Letter of Credit that it elects not to have such Letter of Credit renewed. Additionally, the Lessee has assumed in Letter of Credit shall provide that Sublessor shall have the right, exercisable within twenty (20) days of its receipt of the Non-Renewal Notice, by sight draft on the Issuing Bank to receive the monies represented by the existing Letter of Credit and to hold such proceeds pursuant to the terms of this Lease andParagraph 21 as a cash security pending the replacement of such Letter of Credit. In the event that Tenant defaults in respect of any of the terms, upon signing provisions, covenants or conditions of this AgreementSublease, Lessee shall deliver including, but not limited to, the payment of Fixed Rent and Additional Rent, beyond the expiration of any applicable grace period, Sublessor may notify the Issuing Bank and thereupon receive all the monies represented by, the Letter of Credit and use, apply or retain the whole or any part of such Guaranty proceeds, to the Lessor. Furthermore, Lessee shall deposit extent required for the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill payment of any of its obligations under the Lease, Lessor may apply the Security Deposit on account of such obligation Fixed Rent or Additional Rent or any other sum as to reimburse Lessor which Sublessee is in default or for any sum that Lessor which Sublessor may expend due or may be required to Lesseeexpend by reason of Sublessee's defaultdefault in respect of any of the terms, provisions, covenants or conditions of this Sublease, including, but not limited to, any damages or deficiency in the reletting of the Subleased Premises, whether such damages or deficiency accrue or accrues before or after summary proceedings or other reentry by Sublessor. If Lessor Sublessor applies or retains any part of the Security Depositproceeds of the Letter of Credit, LesseeSublessee, immediately after notice from Lessorupon demand, shall deposit with Lessor Sublessor the amount so applied or retained so that Lessor Sublessor shall have the full Security Deposit available deposit on hand at all times during the Term Term. If Sublessee shall surrender the Subleased Premises to Sublessor in accordance with this Sublease and shall pay all Fixed Rent and Additional Rent due hereunder in full through and including the Expiration Date of this Lease. Likewise, in case of Rent increases in terms of this AgreementSublease and no other default shall have occurred and be continuing, the Lessee shall immediately deposit to Lessor the amount that may be necessary in order for the Security Deposit to be equal to 2 (two) months Letter of current Rent at all times during the Term of this Lease, provided that if Lessee complies with all the terms, covenants and conditions of this Lease, the Security Deposit (or any balance thereof) Credit shall be returned to Lessee not later than forty-five Sublessee within thirty (4530) calendar days after the Expiration Date and delivery of the entire possession of the entire Leased Property Subleased Premises to Lessor in accordance with the terms Sublessor. Sublessee expressly agrees that Sublessee shall have no right to apply any portion of this Agreement. Additionally, during each year of the Term of this Agreement or at Lessor’s reasonable request in writing, the Lessee shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit against any Sublessee's obligations to fully guarantee Lessee’s obligations derived from this Agreementpay Fixed Rent or Additional Rent hereunder and, if Sublessee shall seek to so apply such Security Deposit, Sublessee shall pay liquidated damages to Sublessor in a sum equal to two (2) times the Lessee shall improve and/or substituteamount of any such unpaid Fixed Rent or Additional Rent. In the event of a transfer or assignment of the Sublease, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 thirty (thirty30) days following of notice of such sale or leasing, Sublessee at its sole cost and expense, shall arrange (i) for the transfer of the Letter of Credit to the notification new sublandlord as designated by Sublessor in writing delivered such notice or (ii) to have the Letter of Credit reissued in the name of the new sublandlord; and Sublessor shall thereupon be released by Lessor Sublessee from all liability for said purposethe return of such security. Sublessee shall look solely to the new sublandlord for the return of such Letter of Credit and the provisions hereof shall apply to every transfer or assignment made of the security to a new sublandlord. Sublessee further covenants and agrees that it shall not assign or encumber or attempt to assign or encumber the Letter of Credit deposited herein as security and that neither Sublessor nor its successors or assigns shall be bound by any such assignment, encumbrance, attempted assignment or attempted encumbrance.

Appears in 1 contract

Sources: Sublease Agreement (Netegrity Inc)

Security Deposit. The Lessee states that its Guarantor Tenant has executed deposited with Landlord the Guaranty with the Lessor, which guarantees all sum of the obligations the Lessee has assumed in the terms of this Lease and, upon signing this Agreement, Lessee shall deliver such Guaranty to the Lessor. Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any of its obligations under the Lease, Lessor may apply the $ -0- as a Security Deposit on the understanding; (a) that in the event Tenant does not perform the required repairs and maintenance as per paragraph 8 within 60 days of written notice then the Tenant shall promptly supply Landlord with a Security Deposit of $42,844.00; (b) that such deposit or any portion thereof may be applied to the curing of any Default by Tenant that may exist, without prejudice to any other remedy or remedies which the Landlord may have on account of thereof, and upon such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security Deposit, Lessee, immediately after notice from Lessor, application Tenant shall deposit with Lessor Landlord on demand the amount so applied so that Lessor which shall have the full Security Deposit available at all times during the Term of this Lease. Likewise, in case of Rent increases in terms of this Agreement, the Lessee shall immediately deposit be added to Lessor the amount that may be necessary in order for the Security Deposit so the same will be restored to its original amount; (c) that should the Leased Premises be equal to 2 (two) months of current Rent at all times during the Term of this Lease, provided that if Lessee complies with all the terms, covenants and conditions of this Leaseconveyed by Landlord, the Security Deposit (or any balance thereofportion thereof may be turned over to Landlord's grantee, and if the same be turned over as aforesaid, Tenant agrees to look to such grantee for such application or return; (d) that if Tenant shall faithfully perform all of the covenants and agreements in this Lease contained on the part of Tenant to be performed, and if Tenant is not in Default hereunder, the sum deposited or the part of portion thereof not previously applied, shall be returned to Lessee not Tenant no later than forty-five thirty (4530) calendar days after the delivery of possession expiration of the entire Lease Term or any renewal or extension thereof, provided Tenant has vacated the Leased Property Premises and surrendered possession thereof to Lessor in accordance with the terms of this Agreement. Additionally, during each year of the Term of this Agreement or at Lessor’s reasonable request in writing, the Lessee shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purposeLandlord.

Appears in 1 contract

Sources: Land Lease Agreement

Security Deposit. The Lessee states that its Guarantor has executed the Guaranty with the Lessor, which guarantees all of the obligations the Lessee has assumed in the terms of this Lease and, upon signing this Agreement, Lessee shall deliver such Guaranty to the Lessor. Furthermore, Lessee shall deposit with Lessor on the signing of this Lease, the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any as defined in the Preamble for the full and faithful performance of its Lessee's obligations under the this Lease, including, without limitation, the surrender of possession of the Premises to Lessor may apply the Security Deposit on account of such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's defaultas herein provided. If Lessor applies any part of the said Security Deposit, Deposit to cure any default of Lessee, immediately after the expiration of applicable notice from and cure periods, Lessee shall within five (5) business days after written demand by Lessor, shall deposit with Lessor the amount so applied so that Lessor shall have the full Security Deposit available on hand at all times during the Term of this Lease. LikewiseIn the event a bona fide sale, in case of Rent increases in terms of subject to this AgreementLease, Lessor shall have the Lessee shall immediately deposit right to Lessor the amount that may be necessary in order for transfer the Security Deposit to the vendee, and Lessor shall be equal considered released by Lessee from all liability for the return of the Security Deposit, provided that the vendee receives the Security Deposit from Lessor, and Lessee agrees to 2 (two) months look solely to the new lessor for the return of current Rent at all times during the Term Security Deposit, and it is agreed that this shall apply to every transfer or assignment made of the Security Deposit to the new lessor. Provided Lessee is not in default under this Lease, provided that if Lessee complies with all after the terms, covenants expiration of applicable notice and conditions of this Leasecure periods, the Security Deposit (less any portions thereof used, applied or any balance thereof) retained by Lessor in accordance with the provisions of this Article 16), shall be returned to Lessee not later than forty-five within thirty (4530) calendar days after the expiration or sooner termination of this Lease and after delivery of possession of the entire Leased Property Premises to Lessor in accordance with the terms provisions of this AgreementLease. Additionally, during each year of the Term of this Agreement Lessee covenants that it will not assign or at Lessor’s reasonable request in writing, the Lessee shall deliver encumber or attempt to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or assign or encumber the Security Deposit to fully guarantee and Lessor shall not be bound by any such assignment, encumbrance or attempt thereof. In the event of the insolvency of Lessee’s obligations derived from this Agreement, or in the event of the entry of a judgement in any court against Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and which is not discharged within the 30 ninety (thirty90) days following after entry, or in the event a petition is filed by or against Lessee under any chapter of the bankruptcy laws of the State of New Jersey or the United States of America, then in such event, Lessor may require Lessee to deposit additional security in an amount which in Lessor's sole judgement would be sufficient to adequately assure Lessee's performance of all of its obligations under this Lease including all payments subsequently accruing. Failure of Lessee to deposit the notification in writing delivered security required by Lessor for said purposethis Article 16 within ten (10) days after Lessor's written demand shall constitute a material breach of this Lease by Lessee.

Appears in 1 contract

Sources: Lease Agreement (Alteon Inc /De)

Security Deposit. The Lessee states that its Guarantor has executed On the Guaranty with the Lessor, which guarantees all date of the obligations the Lessee has assumed in the terms of this Lease and, upon signing this Agreement, Lessee shall deliver pay to Lessor an amount that, when added to amounts previously paid to Lessor, equal the Security Deposit. The Security Deposit shall constitute additional security for performance by Lessee of its obligations under this Agreement, and the following provisions shall apply: (i If an Event of Default occurs and for as long as it continues, the Lessor may (but shall not be obligated to) apply all or any portion of the Security Deposit in or towards satisfaction of any sums due and payable to the Lessor under the Operative Documents or to compensate the Lessor for any sums which it may, in its discretion, advance or expend as a result of any such Guaranty Event of Default. Notwithstanding any such use or application by the Lessor, the Lessee shall remain in default under this Agreement until the full amount owed by the Lessee, including interest accrued thereon pursuant to Clause 5.11, shall have been paid to the Lessor. Furthermore, Lessee shall deposit If the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill so uses or applies all or any of its obligations under the Lease, Lessor may apply the Security Deposit on account of such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part portion of the Security Deposit, Lesseethe Lessee shall, immediately after notice from on demand of the Lessor, shall deposit with Lessor replenish the Security Deposit in an amount equal to the amount so used or applied so that within five Business Days after Lessor's demand therefor. (ii Lessor shall have the full Security Deposit available at all times during the Term of this Lease. Likewise, in case of Rent increases in terms of this Agreement, the Lessee shall immediately deposit to Lessor the amount that may be necessary in order for commingle the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term of this Lease, provided that if Lessee complies with all the terms, covenants its general funds and conditions of this Lease, may deposit the Security Deposit in any account selected by Lessor, whether interest-bearing or not, and any interest earned on the Security Deposit will be the sole property of Lessor. (or any balance thereof) iii The Security Deposit shall be returned to Lessee not later than forty-within five Business Days of (451) calendar days after the delivery of possession of the entire Leased Property to Lessor of a Letter of Credit in accordance with the terms of this Agreement. AdditionallyClause 5.1(b), during each year (2) redelivery of the Term Aircraft to the Lessor in the condition required by Clause 12 and Schedule 4, or (3) receipt by the Lessor of the Agreed Value following a Total Loss and all other amounts due under Clause 11.1(b); provided, that if, upon the occurrence of any event specified in the foregoing subclause (1), (2) or (3), any amounts payable by Lessee under this Agreement or at Lessor’s reasonable request in writingremain outstanding, the Lessee shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or then the Security Deposit shall be returned to fully guarantee Lessee’s obligations derived from Lessee within five Business Days of the Lessor being satisfied that the Lessee has irrevocably paid to the Lessor all amounts that are at that time outstanding under this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purpose.

Appears in 1 contract

Sources: Lease Agreement (Vanguard Airlines Inc \De\)

Security Deposit. The Lessee states that its Guarantor has executed LETTER OF CREDIT (a) SECURITY DEPOSIT: On the Guaranty with the Lessor, which guarantees all date of the obligations the Lessee has assumed in the terms of this Lease and, upon signing this Agreement, Lessee shall deliver pay the Security Deposit to Lessor. The Security Deposit shall constitute additional security for performance by Lessee of its obligations under this Agreement, and the following provisions shall apply: (i) If an Event of Default occurs and for as long as it continues, the Lessor may (but shall not be obligated to) apply all or any portion of the Security Deposit in or towards satisfaction of any sums due and payable to the Lessor under this Agreement or to compensate the Lessor for any sums which it may, in its discretion, advance or expend as a result of any such Guaranty Event of Default. Notwithstanding any such use or application by the Lessor, the Lessee shall remain in default under this Agreement until the full amount owed by the Lessee, including interest accrued thereon pursuant to Clause 5.9, shall have been paid to the Lessor. Furthermore, Lessee shall deposit If the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill so uses or applies all or any of its obligations under the Lease, Lessor may apply the Security Deposit on account of such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part portion of the Security Deposit, Lesseethe Lessee shall immediately, immediately after notice from on demand of the Lessor, shall deposit with Lessor replenish the Security Deposit in an amount equal to the amount so used or applied so that within five Business Days after Lessor's demand therefor. (ii) Lessor shall have the full Security Deposit available at all times during the Term of this Lease. Likewise, in case of Rent increases in terms of this Agreement, the Lessee shall immediately deposit to Lessor the amount that may be necessary in order for commingle the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term of this Leasewith its general funds, provided that if Lessee complies with all the terms, covenants and conditions of this Lease, any interest earned on the Security Deposit will be for Lessor's account. (or any balance thereofiii) The Security Deposit shall be returned to the Lessee not later than forty-within five Business Days of (451) calendar days after the delivery of possession redelivery of the entire Leased Property Aircraft to the Lessor in accordance with the terms of condition required by Clause 12 of, and Schedule 3 to, this Agreement. Additionally, during each year (2) receipt by the Lessor of the Term of this Agreement Agreed Value following a Total Loss and all other amounts due under Clause 11.1(b), or (3) at Lessor’s reasonable request in writing, such later time as the Lessor is satisfied that the Lessee shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding has irrevocably paid to the preceding year. Provided Lessor all amounts which are at that if Lessor, based on such financial statements, reasonably and justifiably determines time outstanding under this Agreement; provided always that due the Lessor shall not be obliged to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or return the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreementif, at the Lessee relevant time, a Default shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing have occurred and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purposebe continuing.

Appears in 1 contract

Sources: Lease Agreement (Turn Works Acquisition Iii Sub a Inc)

Security Deposit. The Lessee states that its Guarantor Lessee(s) has executed the Guaranty deposited with the Lessor, which guarantees all of the obligations the Lessee has assumed Lessor a security deposit in the terms amount of this Lease and, upon signing this Agreement, Lessee shall deliver such Guaranty to the Lessor. Furthermore, Lessee shall deposit the <<Security Deposit with Lessor upon signing this AgreementCharges>>. If Lessee does not fulfill any of its obligations under the Lease, Lessor may apply the Security Deposit on account of such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security Deposit, Lessee, immediately after notice from Lessor, shall deposit with Lessor the amount so applied so that Lessor shall have the full Security Deposit available at all times during right, but not the Term obligation, to apply the security deposit in whole or in part as payment of this Leasesuch amounts as are reasonably necessary to remedy Lessee(s)' defaults in the payment of rent or in the performance of the covenant or agreements contained herein. Likewise, in case Lessor’s right to possession of Rent increases in terms the apartment for non-payment of this Agreement, rent or any other reason shall not be affected by the Lessee shall immediately deposit fact that Lessor holds security. Lessee(s)' Liability is not limited to Lessor the amount that may be necessary in order for of the Security Deposit to be equal to 2 (two) months security deposit. Upon expiration or termination of current Rent at the Lease by ▇▇▇▇▇▇, and full payment of all times during the Term amounts due and performance of this Lease, provided that if Lessee complies with all the terms, Lessee(s)' covenants and conditions agreements (including surrender of this Lease, the Security Deposit (apartment in accordance with Paragraph 16) the security deposit or any balance thereof) portion thereof remaining unapplied shall be returned to Lessee not later than forty-five Lessee(s) within thirty (4530) calendar days after of such expiration or termination by Lessor without interest. In the delivery event of possession a sale, lease, or other transfer of the entire Leased Property Building, Lessor may transfer or assign said security deposit to Lessor Lessor’s grantee, lessee, or assignee. Provided said grantee, lessee or assignee by written undertaking addressed to ▇▇▇▇▇▇ assumes all Lessor’s obligation hereunder, ▇▇▇▇▇▇(s) agrees to look to such grantee, ▇▇▇▇▇▇ or assignee solely for the return of said security deposit. The provisions hereof shall apply to each and every sale, lease or other transfer of the Building. ▇▇▇▇▇▇(s) ▇▇▇▇▇▇ agrees not to look to the mortgagee as mortgagee, mortgagee in accordance with possession, or successor in title to the terms property, for accountability for any security deposit required by the landlord herein under, or unless said sums have actually been received by said mortgagee as security for the Lessee(s)' performance of this Agreementlease. Additionally, during each year of the Term of this Agreement or at Lessor’s reasonable request in writing, the Lessee shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered by Lessor for said purposeSECURITY DEPOSIT SHALL NOT BE DEEMED OR CONSTRUED AS ADVANCE PAYMENT OR RENT FOR ANY MONTH OF THE LEASE TERM.

Appears in 1 contract

Sources: Lease Agreement