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 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 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 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 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 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 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 of a bona fide sale of the Building, 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 after the expiration or sooner termination of this Lease and after delivery of the entire 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. In the event of the insolvency of Lessee, 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 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 security required by this Article 16 within ten (10) days after Lessor's written demand shall constitute a material breach of this Lease by Lessee. Lessee may deliver to Lessor after the date hereof, in lieu of the cash deposit set forth in this Article, an irrevocable negotiable letter of credit in amount set forth in Paragraph 16 of the Preamble and substantially in the form annexed hereto as Exhibit H. Said letter of credit shall be for a term of not less than one (1) year and shall be renewed by Lessee (without notice from Lessor) no later than forty-five (45) calendar days after prior to its expiration, and the delivery expiration of possession of each replacement thereof, until Lessor shall be required to return the entire Leased Property security to Lessor in accordance with Lessee pursuant to the terms of this Agreement. AdditionallyLease but in no event earlier than ninety (90) days after the Expiration Date, during and each year such renewal letter of credit shall be delivered to Lessor no later than forty-five (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 five (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 held by 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 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 replace same within the 30 twenty (thirty20) days following after being requested to the notification in writing delivered do so by Lessor for said purposeLessor.
Appears in 2 contracts
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 (a) On or before October 1, 2004, Lessee states that its Guarantor has executed shall pay to Lessor a security deposit (the Guaranty with the Lessor, which guarantees all of the obligations the Lessee has assumed “Security Deposit”) in the terms amount set forth on Schedule 1- Part A hereto. The Security Deposit will be held by Lessor for the entire remaining Term of this Lease and, upon signing this Agreement, Lessee shall deliver such Guaranty to the and may be commingled with other amounts of Lessor. Furthermore, Lessee shall deposit the .
(b) The Security Deposit with shall be held by Lessor upon signing this as security for the due and punctual payment by Lessee of all amounts payable by it, and the due and punctual observance and performance by Lessee of all of its obligations, hereunder and under each other Operative Agreement. If Lessee does not fulfill any of its obligations under the Leasehereby assigns, Lessor may apply the Security Deposit on account of such obligation or transfers and pledges 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. Likewiseand hereby grants to Lessor, in case of Rent increases in terms of this Agreementa first-priority security interest in, the Lessee shall immediately deposit to Lessor the amount that may be necessary in order for the Security Deposit to secure such payment, observance and performance. Any interest earned on the Security Deposit shall be equal solely for the account of Lessor. If an Event of Default shall occur and be continuing, then in addition to 2 any other rights Lessor may have under applicable Law as a lessor, secured party or otherwise, or under this Lease or any other Operative Agreement, Lessor may set off against, use, apply or retain all or any portion of the Security Deposit in full or partial payment for amounts payable by Lessee under this Lease or any other Operative Agreement or for amounts necessary to compensate Lessor and the Indemnitees for their Expenses arising in connection with such Event of Default. Any such use or application shall not, however, be deemed a cure by Lessee, or waiver by Lessor, of any Event of Default, unless so agreed by Lessor in writing.
(twoc) months So long as no Default or Event of current Rent at all times during Default shall have occurred and be continuing, that portion, if any, of the Term of Security Deposit that has not previously been used or applied, or set off against, as provided for 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) shall be returned to Lessee not later than forty-five (45) calendar days after by wire transfer of immediately available Dollars to an account of Lessee located in the delivery United States of possession of the entire Leased Property America, specified in writing by Lessee to Lessor at least 10 Business Days prior to the date of such transfer, (A) on or before the date that is 20 Business Days after and excluding the date upon which the Aircraft is returned to Lessor in the condition, and in the manner, required under Annex B to this Lease and otherwise in accordance with the terms of this Agreement. AdditionallyLease, during each year or (B) if an Event of Loss shall have occurred, and Lessee shall have elected, or shall be deemed to have elected, the option set forth in Section 9.1.2 hereof, then on or before the date that is 20 Business Days after and excluding the date upon which Lessor has been paid all amounts required to be paid under, and as provided in, Section 9.1.2(a) hereof.”
(b) Section 14.1.6 of the Term Lease is hereby amended by adding a new sentence, at the end thereof, as follows: “Without limiting, and notwithstanding, any other provision or the Lease or any other Operative Agreement, Lessor shall be entitled to use and apply all or any portion 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 Agreementfor the purposes, and in the Lessee shall improve and/or substitutemanner, as the case may be, the Guaranty and/or the Security Deposit set forth in accordance with the foregoing and within the 30 Section 3.2.3(b) hereof.”
(thirtyc) days following Schedule 1 – Part A to the notification Lease is hereby amended as set forth in writing delivered by Section 1 of Appendix A hereto.
(d) That certain Letter Agreement No. 1-1005-JSW-1500, dated as of February 28, 2001, among, inter alios, Lessor for said purposeand Lessee, insofar as it relates to the Lease and the Aircraft, is hereby terminated and shall be of no further force or effect; and all of the obligations and liabilities of each of the parties to such Letter Agreement are hereby unconditionally and irrevocably released and discharged in full and in all respects.
Appears in 2 contracts
Sources: Lease Agreement N475ha (Hawaiian Holdings Inc), Lease Agreement N475ha (Hawaiian Holdings Inc)
Security Deposit. The Lessee states that its Guarantor 29.1 Tenant has executed provided Landlord with a Letter of Credit in the Guaranty with amount of $175,000 as security for the Lessor, which guarantees full and punctual performance by Tenant of all of the obligations terms of this Lease. Provided there has been no Event of Default by Tenant, the Lessee has assumed amount of the Letter of Credit shall be reduced by one-third ($58,333.33) at the end of each of the first three years of the Term. At the expiration of the third year of the Term Tenant shall deposit with Landlord the sum of $12,824 as such security. In the event Tenant defaults in the performance of any of the terms of this Lease andfollowing the expiration of applicable notice and cure periods, upon signing this Agreementincluding the payment of Rent, 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 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 DepositLetter of Credit or use, Lessee, immediately after notice from Lessor, shall deposit with Lessor apply or retain 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 (whole or any balance thereof) shall be returned to Lessee not later than forty-five (45) calendar days after the delivery of possession part 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 substitutesecurity so deposited, 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 extent required for the payment of any Rent or for any sum which Landlord may expend or may be required to expend by reason of Tenant’s default in writing delivered respect of any of the terms of this Lease, including any damages or deficiency in the reletting of the Premises, whether accruing before or after summary proceedings or other reentry by Lessor Landlord. In the case of every such use, application or retention, Tenant shall, on demand, pay to Landlord the sum so used, applied or retained which shall be added to the security deposit so that the same shall be replenished to its former amount. If Tenant shall fully and punctually comply with all of the terms of this Lease, the security, without interest, shall be returned to Tenant after the termination of this Lease and delivery of exclusive possession of the Premises to Landlord. In the event of a sale or lease of the Building Landlord shall have the right to transfer the security to the vendee or lessee and Landlord shall ipso facto be released by Tenant from all liability for the return of such security; and Tenant agrees to look solely to the new landlord for the return of said purposesecurity; and it is agreed that the provisions hereof shall apply to every transfer or assignment made of the security to a new landlord. Tenant shall not assign or encumber or attempt to assign or encumber the monies deposited herein as security and neither Landlord nor its successors or assigns shall be bound by any such assignment, encumbrance, attempted assignment or encumbrance.
Appears in 2 contracts
Sources: Lease Agreement (Cerecor Inc.), Lease Agreement (Cerecor 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 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 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. 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 Lessee states that its Guarantor has executed the Guaranty deposited with the Lessor, which guarantees all Lessor and Lessor hereby acknowledges receipt of the obligations sum of $ 2.112.16 which shall be held by Lessor as security for the faithful performance by Lessee has assumed in of all the terms of this Lease andby Lessee to be observed and performed. Said deposit shall not be mortgaged, upon signing this Agreementassigned, transferred or encumbered by Lessee without the express prior written consent of Lessor and any such act on the part of Lessee shall deliver such Guaranty to the be without force and effect and shall not be binding upon Lessor. FurthermoreSaid security deposit shall not accrue interest. 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, or if Lessee shall deposit the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill fail to perform 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 (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 balance thereof) 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 shall forthwith upon demand restore said security deposit to the original sum deposited. Should Lessee comply with all of the terms and promptly pay all of the rentals and all other sums payable by Lessee to Lessor as they become due, 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 lease 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 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 purposesuch proceedings.
Appears in 2 contracts
Sources: Lease Agreement (Interactive Technologies Com LTD), Lease Agreement (Interactive Technologies Com LTD)
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 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 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 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 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 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 to fully guarantee deposit additional security in the amount specified in Subsection 8(E) (hereinafter called the “Additional Security Deposit”) 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 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 2 contracts
Sources: Lease Agreement (Wave2Wave Communications, Inc.), Lease Agreement (Wave2Wave 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. 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 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 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 the Guaranty Simultaneously with the Lessor, which guarantees all of the obligations the Lessee has assumed in the terms execution of this Lease andby Lessee, Lessee has remitted to Lessor the sum of SIXTEEN THOUSAND SIX HUNDRED SIXTY SIX DOLLARS AND 66/100 ($16,666.66) as a security deposit to insure the performance by Lessee of all the terms, covenants and conditions of this Lease upon signing this AgreementLessee's part to be performed. Said security deposit shall be returned to Lessee with no interest thereon within thirty (30) days after the expiration of the Lease Term, provided Lessee has fully performed all of Lessee's obligations hereunder. Lessor shall have the right to apply any part of said security deposit to cure any default of Lessee hereunder and if Lessor does so, 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 demand deposit with Lessor the amount so applied so that Lessor shall have the full Security Deposit available aforementioned required security deposit on hand at all times during the Term Lease Term. In the event of this Lease. Likewise, in case a sale or a lease of Rent increases in terms of this Agreement, the Lessee shall immediately deposit Building subject 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 or an assignment of this LeaseLease by Lessor, Lessor may transfer the Security Deposit (security deposit held. by Lessor to the vendee or any balance thereof) assignee, and Lessor shall thereupon be returned released from all liability for the return of such security deposit 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. AdditionallyLessee, during each year of the Term of this Agreement or at Lessor’s reasonable request in writing, the and Lessee shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding look to the preceding yearnew lessor solely for the return of said security deposit. Provided that if The security deposit under this Lease shall not be assigned or encumbered by Lessee without the prior written consent of 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 which consent 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 be withheld for said purpose.any reason whatsoever
Appears in 2 contracts
Sources: Lease Agreement (Elastic Networks Inc), Lease Agreement (Elastic Networks Inc)
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 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
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
Security Deposit. The Lessee states that its Guarantor has executed Upon execution of this Agreement, Tenant shall deposit with Landlord the Guaranty with the Lessorsum of $ , which guarantees all shall be held by Landlord as a security deposit for the faithful performance by Tenant of his obligations hereunder. This security deposit shall be returned to Tenant upon termination of this Lease and surrender by Tenant of the obligations Leased Premises, subject, but not limited, to the Lessee has assumed in following conditions:
(a) There shall be no damage to the Leased Premises beyond ordinary wear and tear;
(b) The Leased Premises, including all appurtenances, shall be clean, and the refrigerator shall be defrosted;
(c) All rent due and payable under the terms of this Lease and, upon signing this Agreement, Lessee shall deliver such Guaranty be paid to Landlord;
(d) All keys shall have been returned to the Lessor. FurthermoreLandlord;
(e) All debris and rubbish and discards shall have been placed in proper rubbish containers;
(f) All late charges and service charges for bad checks, 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 Lessorif any, shall deposit with Lessor the amount so applied so that Lessor have been paid; and
(g) Tenant shall have left a forwarding address with the full Security Deposit available at all times during the Term Landlord. Michigan Law provides that: YOU MUST NOTIFY YOUR LANDLORD IN WRITING WITHIN 4 DAYS AFTER YOU MOVE OF A FORWARDING ADDRESS WHERE YOU CAN BE REACHED AND WHERE YOU RECEIVE MAIL; OTHERWISE YOUR LANDLORD SHALL BE RELIEVED OF SENDING YOU AN ITEMIZED LIST OF DAMAGES AND PENALTIES ADHERENT TO THAT FAILURE. The security deposit, less any deduction, with an itemized list of damages, shall be returned to Tenant within 30 days of any termination 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 purposeIT IS SPECIFICALLY UNDERSTOOD THAT THE AFORESAID SECURITY DEPOSIT SHALL NOT BE CONSIDERED PREPAID RENT AND SHALL NOT BE APPLIED BY THE TENANT ON THE LAST MONTH’S RENT.
Appears in 1 contract
Sources: Lease to Own 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 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. The Lessee states that its Guarantor has executed Upon execution hereof, Sublessee shall deposit with Sublessor (i) a cash security deposit (the Guaranty with "Cash Deposit") in the Lessor, which guarantees all amount of the obligations the Lessee has assumed Security Deposit described in the terms Defined Terms, and (ii) the original copy of a clean, irrevocable and unconditional letter of credit (the "Letter of Credit") in the amount of One Hundred Thousand Dollars ($100,000) issued by a financial institution, and subject only to terms, acceptable to Sublessor. (Notwithstanding the foregoing, Sublessor agrees to review the requirement and amount required under the Letter of Credit every six (6) months during the Term of this Lease andSublease. In so doing, upon signing this AgreementSublessor will review Sublessee's financial situation, Lessee shall deliver such Guaranty cash position and cash burn rate compared to the Lessorremaining financial obligations of Sublessee for the remainder of the Term in order to determine if it is appropriate, in Sublessor' sole discretion, to reduce the amount of the Letter of Credit. FurthermoreTo the extent that Sublessor decides to reduce the amount of the Letter of Credit, Lessee Sublessee will renew or extend the Letter of Credit for the agreed upon amount, and provide Sublessor with written notice thereof within five (5) business days.) The Letter of Credit shall deposit provide for its payment to Sublessor upon its presentation of a statement from Sublessor that an Event of Default by Sublessee exists hereunder. Upon the failure of Sublessee to deliver a replacement letter of credit (or an extension of the existing Letter of Credit) on or before thirty (30) days prior to any maturity date of any such Letter of Credit, Sublessor may draw upon the same and thereafter treat such cash as a portion of the Security Deposit. (The Cash Deposit and Letter of Credit are hereinafter collectively referred to as the "Security Deposit.") The Security Deposit shall secure Sublessee's obligations under this Sublease to pay Base Rent and other monetary amounts, to maintain the Sublet Space and repair damages thereto, to surrender the Sublet Space to Sublessor in clean condition and repair upon termination of this Sublease and to discharge Sublessee's other obligations hereunder. Sublessor may use and commingle any cash portion of the Security Deposit with Lessor upon signing this Agreementother funds of Sublessor. If Lessee does not fulfill Sublessee fails to perform Sublessee's obligations hereunder, Sublessor may, but without any obligation to do so, apply all or any portion of its obligations under the Lease, Lessor may apply the Security Deposit on account towards fulfillment of such obligation or to reimburse Lessor for any sum that Lessor may expend due to LesseeSublessee's defaultunperformed obligations. If Lessor applies Sublessor does so apply any part portion of the Security Deposit, Lessee, immediately after notice from Lessor, shall deposit with Lessor the Sublessee's failure to remit to Sublessor a sufficient 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 cash to Lessor the amount that may be necessary in order for restore the Security Deposit to be equal to 2 (two) months the original amount or, in the case of current Rent at all times during a partial draw by Sublessor under the Term Letter of this Lease, provided that if Lessee complies with all the terms, covenants and conditions of this LeaseCredit, the Security Deposit (or any balance thereof) shall be returned failure of Sublessee to Lessee not later than forty-replace such Letter of Credit with an new Letter of Credit in the full original amount within five (455) calendar days after the delivery receipt of possession Sublessor's written demand to do so shall constitute an Event of the entire Leased Property to Lessor in accordance with the terms of this AgreementDefault. 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.Upon termination of
Appears in 1 contract
Sources: Sublease Agreement (Nvidia Corp/Ca)
Security Deposit. The Lessee states 4.1 Landlord acknowledges that its Guarantor Landlord has executed received from Tenant the Guaranty with sum of $ 7,527 Dollars as security for the Lessor, which guarantees all payment of rents and the performance and observance of the obligations agreements and conditions hereof on the Lessee has assumed 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 towards the curing of any such default or defaults and/or towards compensating Landlord for any loss arising from any such default or defaults. Upon the yielding up of the Premises at the expiration or other termination of the term of this Lease, if Tenant shall not then be in default or otherwise liable to Landlord, said sum or the unapplied balance thereof shall be returned to Tenant within Thirty (30) Days of the such termination. 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, upon signing this Agreementwithout prejudice to any other remedy or remedies which Landlord may have, Lessee or Landlord may pursue any such remedy or remedies in lieu of applying said sum or any part 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 so that Lessor shall have by Landlord, to restore 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 Lessor its original amount. Whenever the amount that may holder of Landlord's interest in this lease, whether it be necessary the Landlord named 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 (lease or any transferee of said Landlord, immediate or remote, shall transfer its interest in this lease, said holder shall turn over to its transferee said sum or the unapplied balance thereof) , and thereafter such holder shall be returned released from any and all liability to Lessee not later than forty-five (45) calendar days after Tenant with respect to said sum or its application or return; it being understood that Tenant shall thereafter look only to such transferee with respect to said sum, its application and return. The holder of any mortgage on the delivery of possession of Entire Premises which includes the entire Leased Property Premises shall never be responsible 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 Tenant for said purposesum unless such sum shall actually have been received in hand by such holder.
Appears in 1 contract
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 subject to this Lease, Lessor shall have the right to transfer Security Deposit to the vendee, and Lessor shall be considered released by Lessee from all liability for the return of Rent increases in terms the Security Deposit; and Lessee agrees to look solely to the new lessor for the return of the Security Deposit, and it is agreed that this Agreement, the Lessee shall immediately deposit apply to Lessor the amount that may be necessary in order for every transfer or assignment made of the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term of 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 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 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 to fully guarantee 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 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 1 contract
Security Deposit. The Lessee states that 5.1.1 LESSEE will pay LESSOR a security deposit of **Material Redacted** for its Guarantor has executed the Guaranty with the Lessor, which guarantees all lease of the obligations Aircraft (the Lessee has assumed “SECURITY DEPOSIT”). The Security Deposit is payable as follows (in the terms of this US$): Two (2) Business Days following LOI Execution **Material Redacted** **Material Redacted** **Material Redacted** Two (2) Business Days following Lease andexecution **Material Redacted** **Material Redacted** **Material Redacted** On or before March 15, upon signing this Agreement2004 **Material Redacted** **Material Redacted** **Material Redacted** On or before August 2, Lessee shall deliver 2004 **Material Redacted** **Material Redacted** **Material Redacted** TOTAL **Material Redacted** **Material Redacted**
5.1.2 The Security Deposit may be commingled with LESSOR’s general funds and any interest earned on such Guaranty to the LessorSecurity Deposit will be for LESSOR’s account. Furthermore, Lessee shall deposit If the Security Deposit with Lessor upon signing is reduced below the required amount by application to meet LESSEE’s unperformed obligations under this AgreementLease, LESSEE will replenish the Security Deposit within ten (10) days after LESSOR’s demand therefor. If Lessee does not fulfill any The Security Deposit will serve as security for the performance by LESSEE of its obligations under this Lease and any other agreements between LESSEE and LESSOR relating to aircraft, engines, aircraft equipment or the Leaseextension of credit and may be applied by LESSOR upon the occurrence of an Event of Default hereunder or of a default by LESSEE under any such other agreements.
5.1.3 Upon termination of this Lease in accordance with Article 4.4, Lessor may apply LESSOR will promptly return to LESSEE the amount of the Security Deposit on account then held by LESSOR (so long as no default by LESSEE exists under any other agreement between LESSEE and LESSOR relating to aircraft, engines or aircraft equipment or the extension of such obligation or credit by LESSOR to reimburse Lessor for any sum that Lessor may expend due LESSEE), without interest, less an amount determined by LESSOR to Lessee's default. If Lessor applies any part be a reasonable estimate of the Security Depositcosts, Lesseeif any, 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 which LESSOR will incur to remedy any Default or Event 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 Default which has occurred and is continuing under this Lease, provided that if Lessee complies with all including the terms, covenants and conditions correction of this Lease, any discrepancies from 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 required condition of the entire Leased Property to Lessor in accordance with the terms of this Agreement. Additionally, during each year Aircraft on return 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 purposeAircraft.
Appears in 1 contract
Security Deposit. The Lessee states that its Guarantor has executed the Guaranty deposited with the Lessor, which guarantees all Lessor the sum of $7,104.17 as security for the obligations the full and faithful performance by Lessee has assumed in of the terms of this Lease and, upon signing this Agreement, Lease. In the event that the 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 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, provisions, covenants and conditions of this Lease, the Security Deposit (including but not limited to payment of any Basic Rental due under Article 5 or any balance thereof) Additional Rental due under Article 20, the Lessor may use, apply or retain the whole or any part of the security so deposited for the payment of any such rentals in default or for any other sum, which the Lessor may expend or be required to expend by reason of the Lessee's default, including, any damages or deficiencies in the re-letting of the Demised Premises, whether such damages or deficiencies accrued before or after summary proceedings or other re-entry by the Lessor. In the event that the Lessee shall comply with all of the terms of this Lease, the security shall be returned to the Lessee not later than forty-five (45) calendar days after the delivery of possession date fixed as the end of the entire Leased Property Lease and after the surrender of the Demised Premises to the Lessor. In the event of a sale, or lease of the Building of which the Demised Premises are a part, the Lessor shall have the right to transfer the security to the vendee or other successor in accordance interest to the interest of the Lessor and the Lessor shall thereupon be released from all liability for the return of such security. The Lessee shall look solely to the new Lessor for the return of such security. Lessee shall not assign or encumber the money deposited as security and neither the Lessor nor its successors or assigns shall be bound by any such assignment or encumbrance. No holder of a superior mortgage to which this Lease is subordinate shall be responsible in connection with the terms security deposit hereunder, by way of this Agreement. Additionallycredit or payment of any rentals or otherwise, during each year unless such holder of a superior mortgage actually shall have received 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 deposited hereunder.
Appears in 1 contract
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 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 (Purchasesoft Inc)
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. If the premises are rented by more than one person, the Tenants agree that they will work out the details of dividing any refund among themselves. The Lessee states that its Guarantor has executed Landlord may pay the Guaranty with refund to any Tenant identified in the Lessor, which guarantees all first sentence of the obligations the Lessee has assumed in the terms first page 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 The Tenant understands that the Landlord will not fulfill any of its obligations under the Lease, Lessor may apply the Security Deposit on account toward the last month’s rent or toward repair charges owed by the Tenant. Tenant further covenants and agrees that upon the expiration of such obligation said term, or to reimburse Lessor upon the termination of the lease for any sum cause, he will at once peacefully surrender and deliver up the whole of the above described premises together with all improvements thereon to the Landlord, his agents and assigns. Provided that Lessor may expend in case any rent shall be due and unpaid or if default shall be made in any of the covenants herein contained, or if said premises shall be abandoned, deserted or vacated, then it shall be lawful for the said Landlord, his agents, attorneys, successors or assigns to Lessee's defaulttake any legal action (e.g. re-enter, repossess, evict, distrain, or any action in compliance with public local laws and State of Maryland laws). If Lessor applies Upon re-entry this lease shall terminate. In the event of re-entry by the Landlord as herein provided, Tenant shall be liable for damages to said Landlord for all loss sustained. The Tenant covenants that his occupancy of the said premises beyond the term of this lease shall not be deemed as a renewal of this lease for the whole term or any part thereof, but that the acceptance by the Landlord of rent accruing after the expiration of this lease shall be considered as a renewal of this lease for one month only. Either party hereto may terminate this lease at the end of said term (date lease expires) by giving the other written notice thereof at least two full calendar months prior thereto The Tenant shall not make or permit to be made any disturbing noises or do or permit any act, which will unreasonably interfere with the peaceful possession of the Security Depositpremises by other tenants. Bad Checks – If any check issued by Tenant to Landlord or agent for payments due hereunder is returned without payment for any reason whatsoever except Landlord’s fault, LesseeTenant shall pay Landlord as liquidated damages a charge of $25.00 for each time said check is returned in addition to any charges assessed to Landlord by Landlord’s bank. Tenant agrees that payments received will be applied as follows: Any arrears from previous month(s) will be credited first. In the current month, immediately after notice from Lessorpayment will be applied to any court costs owed, late fees or any other miscellaneous charges owed. Having those paid, the remainder of the payment will then be applied to the basic unit rent for the current month. A $75.00 filing fee will be assessed for each time Landlord files in District Court/Landlord-Tenant Court for non-payment of rent or other breach of the lease by tenant. The Tenant agrees that any fees, costs, charges or other payments associated with his/her tenancy, but owing in addition to Tenant’s basic rental amount, will constitute and will be considered additional rent due and payable on the first day of the month following the Tenant’s being informed of for same and non-payment of these items will be considered as non-payment of rent. In the event that any of the material representations contained in the Application shall deposit with Lessor be found by the amount so applied so that Lessor Landlord to be misleading, incorrect, or untrue, the Landlord shall have the full Security Deposit available at all times during right to forthwith cancel this lease and to repossess the Term leased premises. Tenant agrees to notify Landlord of any change in employment and failure to do so will be considered a breach of this Leaselease agreement. LikewiseIt is hereby agreed that the alleys on the North, South, East or West of said premises are for the use in common of all properties abutting thereon, and the Tenant hereby covenants and agrees that he will use the premises hereby demised in such a way as not to obstruct the free and uninterrupted use of the said alleys. It is hereby convenated and agreed by and between the parties hereto that no outside signs of any character shall be attached to or placed on the building hereby demised without the consent in writing of the said Landlord first had and received. Tenant agrees that at the termination of this lease, or at such earlier time as he shall quit the premises, he will remove all personal property not belonging to Landlord from the premises, and any property not removed shall be considered as abandoned, and Landlord may dispose of the same without being accountable to Tenant for doing so. After the Tenant has given a notice of intent to move, the Tenant agrees to permit the Landlord to show the premises to prospective Tenants during reasonable hours. If the Tenant moves before this agreement ends, the Landlord may enter the premises to decorate, remodel, alter or otherwise prepare the premises for re-occupancy. Keys and Locks – The Tenant agrees not to install additional or different locks or gates on any doors or windows of the premises without the written permission of the Landlord. If the Landlord approves the Tenant’s request to install such locks, the Tenant agrees to provide the Landlord with a key for each lock. When this agreement ends, the Tenant agrees to return all keys to the premises to the Landlord. The Landlord may charge $45.00 for each key not returned. The Landlord or his representative shall have the right to enter the premises, at any time during emergencies, or at any reasonable hour by use of key or by force if necessary to inspect the premises or to perform routine repairs and maintenance. The Tenant shall not assign or sublet the said premises or any part thereof or, in case his or her absence or otherwise, permit others to occupy the premises without first having obtained the written consent of Rent increases in terms the Landlord. If the Tenant or subtenant violates the provisions of this Agreementparagraph the Landlord may immediately take possession of said premises and in event of litigation may ▇▇▇ and evict any person or persons occupying said premises without making the Tenant a party to said proceedings. By this agreement, Tenant acknowledges that he has received the premises in good and clean condition and repair. No defect in the premises or equipment shall constitute grounds for offset, abatement or reduction of rent or entitle Tenant to terminate this agreement. Tenant agrees to take good care of the premises and its contents, to commit no waste on or about the premises, and at the termination of this agreement to return the premises and its contents clean and free from trash and in the same condition as when received except for such ordinary wear and tear as reasonable and careful use would have caused. Tenant shall promptly pay for any damage to the premises, general premises, furnishings and equipment thereof which may be caused by Tenant, his guests or occupants. Tenant is responsible for obeying all government ordinances and statutes and Tenant shall be responsible for all fines and penalties incurred by Landlord due to Tenants or guests non-compliance with same. It is expressly understood and agreed that the Landlord shall not be responsible for loss, injury or damage to the personal property or person of Tenant, his guests or occupants, caused directly or indirectly by or arising from any cause related to the occupancy of said premises. The Tenant is to insure his liability and personal property at his own expense. Unlicensed or inoperable vehicles are not permitted on the property and may be towed at the Tenant’s expense. Mechanical or bodywork on vehicles including lubrication and changing of oil is likewise not permitted on the premises without the consent in writing of the Landlord. Woodstoves are not permitted. Periodic changing of air filters in forced air furnaces (where provided) is Tenant’s responsibility. Tenant is responsible for keeping the premises free from insect and rodent infestation. If Tenant vacates before the term of the lease is complete; Tenant is responsible for remaining rent and all costs of re-renting until property is re-rented. It is understood that fulfillment of the requirements of such notice of termination on or before the termination date is essential to permit Landlord to re-rent the premises or prepare for re-rental on a definite date; it is therefore agreed between parties that should Tenant hold over the premises beyond the termination date or fail to vacate on or before the termination date, 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) Tenant shall be returned liable for such damages as the loss of a prospective Tenant or otherwise as Landlord may suffer due to Lessee not later than forty-five (45) calendar days after such holding over. In the delivery of event Landlord is unable to deliver possession of the entire Leased Property to Lessor in accordance with the terms of this Agreement. Additionallypremises as agreed, during each year because of the Term failure of the prior Tenant to vacate, or for any other reason, the agreed rental shall ▇▇▇▇▇ until the actual date of possession or the Landlord may return all prior payments to Tenant and cancel this Agreement without further obligation to the Tenant in any way. If the premises become uninhabitable due to loss or destruction, this occupancy agreement is cancelled. After completion of the initial term specified in the lease, this Agreement is automatically renewed from month to month but may be terminated at Lessor’s reasonable request any time by either party giving to the other, in writing, the Lessee shall deliver to Lessor copy one full month prior notice of the audited financial statements of Lessee and/or intention to terminate. No oral notice or notice given by Tenant under which the Guarantor corresponding to termination date is not definite or Tenant does not completely vacate 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 premises within the 30 (thirty) days following said one month shall be effective. The Landlord shall have the right to show the notification in writing delivered by Lessor for said purposepremises to prospective Tenants after notice to vacate has been given.
Appears in 1 contract
Sources: Warehouse 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 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. 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 if duly and fully transferred, 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, and such is not dismissed within sixty (60) days thereof, 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 (American Business Financial Services Inc /De/)
Security Deposit. The Lessee states that its Guarantor has executed To secure the Guaranty with the Lessor, which guarantees 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 Tenant has deposited with Landlord the sum shown in Article 1 as a "Security Deposit" on the understanding:
(a) that the Security Deposit or any portion thereof may be applied to the Lessor. Furthermorecuring of any default that may exist, Lessee without prejudice to any other remedy or remedies which the Landlord may have on account thereof, and upon such application Tenant shall deposit pay Landlord on demand the amount so applied which shall be added to the Security Deposit so the same will be restored to its original amount;
(b) that should the Premises be conveyed by Landlord, the Security Deposit or any balance thereof shall be turned over 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 Security Deposit and its application or return, and Tenant agrees to look solely to such grantee for such application or return; and,
(c) that Landlord may commingle the Security Deposit with Lessor upon signing this Agreement. If Lessee does other funds and not fulfill be obligated to pay Tenant any of its obligations under the Lease, Lessor may apply interest;
(d) that the Security Deposit on account shall not be considered as advance payment of such obligation Rent or to reimburse Lessor a measure of damages for any sum default by Tenant, nor shall it be a bar or defense to any actions by Landlord against Tenant;
(e) that Lessor may expend due to Lessee's default. If Lessor applies any if Tenant shall faithfully perform all of the covenants and agreements contained in this Lease on the 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 Tenant 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 Leaseperformed, 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 Landlord nor its successors or assigns shall be 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: Office Lease (Saville Systems PLC)
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 On the Guaranty with the Lessor, which guarantees all of the obligations the Lessee has assumed in the terms of date this Lease and, upon signing this Agreementis signed by Lessor and Lessee, Lessee shall deliver such Guaranty provide Lessor with the cash or Letter of Credit Security Deposit specified in paragraph 3 of Schedule "1" hereto to be held by Lessor as security for performance of all Lessee's obligations hereunder and under the LessorCompanion Lease. Furthermore, Lessee shall deposit agrees to maintain the Security Deposit with Lessor upon signing for the original amount thereof until all Lessee's obligations hereunder shall have been fully performed. Lessor may commingle the cash Security Deposit with its general funds. In the event Lessee fails to take delivery of the Aircraft as provided herein or if any other Event of Default occurs and is continuing or shall result in the termination or cancellation of this Agreement. If Lessee does not fulfill Lease by Lessor, in addition to any of its obligations other rights or remedies Lessor may have hereunder or under the Companion Lease, Lessor may apply shall be entitled, at its option, to draw on the Security Deposit on account Letter of such obligation Credit, if any, for the full amount thereof 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 portion thereof as Lessor shall have the full Security Deposit available at elect, and apply 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 proceeds 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 substituteor, as the case may be, all or any portion of the Guaranty and/or cash Security Deposit towards any or all amounts due under this Lease or the Companion Lease, whether such amounts due constitute Basic Rent payments hereunder or thereunder, damages for breach of this Lease or the Companion Lease, or other Rent payments hereunder or thereunder. If at the time the Letter of Credit, if any, is drawn upon Lessor shall not have finally determined the full amount to become payable hereunder and under the Companion Lease (including without limitation, the extent of its damages hereunder or the damages under the Companion Lease), Lessor shall be entitled to retain the unapplied portion of the cash Security Deposit or the unapplied proceeds of the Letter of Credit, as the case may be, until such time as such final determination has been made and full and, final payment thereof has been received (and Lessor agrees to use reasonable efforts to make prompt determination of the full amount payable hereunder and under the Companion Lease). Upon full performance by Lessee of all its obligations hereunder, and provided no Event or Event of Default shall have occurred and be continuing, Lessor shall promptly return 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 purposeLessee.
Appears in 1 contract
Sources: Lease Agreement (Turn Works Acquisition Iii Sub a Inc)
Security Deposit. (IFRSD) The Lessee states that its Guarantor LESSEE has executed paid to the Guaranty with LESSOR, the Lessorsum of ` 2,31,000/- (Rupees Two Lakh Thirty One Thousands Only) equivalent to rental for 03 months security deposit as an interest free refundable security deposit. (Hereinafter referred to as “IFRSD”) Such amount of IFRSD and other remain amount has been paid to the LESSOR in the manner as follows; the receipt of which, which guarantees all the LESSOR doth hereby admit and acknowledge. The security deposit shall be refunded by the LESSOR at the time of peaceful handover of the obligations premises by the Lessee has assumed in LESSEE to the LESSOR, subject to after deduction / adjustments if any as per the terms of this Lease andlease. (Whether at expiry of the term hereby granted or earlier termination of the lease) In the event the LESSOR fails to refund the amounts of IFRSD, upon signing this Agreement, Lessee shall deliver such Guaranty that may be due and payable to the Lessor. Furthermore, Lessee shall deposit LESSEE upon expiry of the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any of lease or its obligations under the Lease, Lessor may apply the Security Deposit on account of such obligation or to reimburse Lessor earlier termination/ determination 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, reason whatsoever (other than in case of Rent increases in terms of this Agreementtermination referred hereinabove), 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) LESSOR shall be returned liable to Lessee not later than forty-five (45) calendar days after pay the delivery interest @ 9 % pa, on such amounts due and payable to the LESSEE, from the due date of possession refund to till the date of actual payment of IFRSD. In the entire Leased Property to Lessor in accordance with event the LESSOR sells or transfers the demised premises during the terms of this Agreement. Additionally, during each year of the Term of this Agreement or at Lessor’s reasonable request in writinglease, the Lessee new purchaser(s), assignees (s) or transferee (s), prior to such sale or transfer shall deliver be made aware of and bound by the terms and conditions contained in this lease deed the LESSOR shall also obtain acknowledgement of said IFRSD and any other amounts paid by the LESSEE, from such purchaser(s), assignee(s) or transferee(s) or attorneys and of their (new purchaser's) liability to Lessor copy of refund the audited financial statements of Lessee and/or the Guarantor corresponding same to the preceding year. Provided that if Lessor, based on such financial statements, reasonably LESSEE as per the terms hereof and justifiably determines that due to the economic solvency under deed 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 Deed
Security Deposit. The Lessee states that Upon the execution hereof, in order to assure the District the Grantee will perform in a timely and proper manner 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 under this Agreement, Lessee at the time of the execution hereof, the Grantee shall deliver such Guaranty deposit with the Executive Director of the District and thereafter continue to maintain, a guarantee (hereinafter referred to as "Financial Guarantee") in the amount of $50,000. Any and all interest earned on the security deposit will be the property of the District and will not be returned to the Lessor. Furthermore, Lessee shall deposit Grantee.
(A) If the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill Grantee fails to perform 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 District shall, except for the case of emergency, give written Notice to Lessor the amount that Grantee specifying the manner in which the Grantee has failed to so perform. If such failure has not been corrected within thirty (30) days after such Notice or if such work has not been commenced to cause such cure within such period and thereafter diligently pursued to completion, the District may enter upon the Premises and perform such work as may be necessary in order to correct such failure. In the event of an emergency, the definition and determination of which shall be within the sole discretion of the District, the District may cause persons to enter upon the Premises to exercise and perform such work as necessary to correct such failure of the Grantee. By reason of its performance of such work, the District shall not be liable or responsible to the Grantee or any person, firm or corporation claiming through the Grantee for any losses or damage thereby sustained by the Grantee or any one claiming by or under the Grantee, except 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 (District's wanton or any balance thereof) willful conduct. The Grantee shall be returned liable for the cost of such work and shall promptly reimburse the District for such costs together with interest at the prime rate established by the published prime rate of interest published in The Wall Street Journal (as of the date hereof such rate is found in the Money Rate Section),(hereinafter referred to Lessee not later than forty-five as "Prime Rate") plus two percent (452%) calendar calculated from the date of expenditure until repayment. If the Grantee fail to reimburse the District within thirty (30) days after receipt of a Notice including a statement for such work from the delivery District, then said indebtedness shall constitute a lien against the title to the Dome and the District shall have the option to draw upon the Financial Guarantee and reimburse itself the full amount of possession its costs in performing said work.
(B) This Financial Guarantee shall consist of one of the entire Leased Property following:
(1) A cash deposit in the amount of $50,000; or
(2) A Letter of Credit (substantially in the form of Exhibit C hereto) issued by a bank having assets at least equivalent to Lessor those of a bank pre-approved by the Park District of Highland Park Executive Director, in accordance with the terms amount 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$50,000.
Appears in 1 contract
Sources: Agreement for Recreational Services
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 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 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 (unless otherwise prohibited by law) the Lessee to fully guarantee deposit additional security in an amount which in Lessor’s commercial reasonable 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 after Lessor’s written demand or to the notification in writing delivered provide other reasonable assurances to Lessor of Lessee’s ability to perform all of its obligations under this Lease within ten (10) days 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 (Tollgrade Communications Inc \Pa\)
Security Deposit. The Lessee states that On the date of execution hereof, LESSEE shall deposit with LESSOR, the amount equivalent to one month of rent (the “Security Deposit”) as security for LESSEE’s faithful performance of 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 Lessorhereunder. Furthermore, Lessee on October 1, 2009, LESSEE shall deposit with LESSOR the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any additional amount of its obligations under US$303.58 (three hundred three dollars 58/100) lawful currency of the LeaseUnited States of America, 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 be an integral part of the Security Deposit. LESSOR may retain any amount with no obligation to return the same in case LESSOR applies said sum to comply with LESSEE’s failure to comply with its obligations under this Lease Agreement. If LESSEE fails to pay rent or other charges due hereunder, Lesseeor otherwise defaults with respect to any provision of this Lease Agreement, immediately after notice from Lessor, shall deposit with Lessor LESSOR may use all or any portion of the amount so applied so that Lessor shall have the full Security Deposit available at all times during for the Term payment of rent or other charges in default, or for the payment of any other sum to which LESSOR may become obligated to pay by reason of LESSEE’s default, or to compensate LESSOR for loss or damage which LESSOR may suffer in accordance to what is stipulated in Clause Fourth of this Leaseagreement. Likewise, in case If LESSOR uses 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 for the Security Deposit to be equal to 2 (two) months of current Rent at all times during comply with the Term of this Leaseabovementioned failure, provided that if Lessee complies with all the termsLESSEE shall, covenants and conditions of this Lease, the Security Deposit (or any balance thereof) shall be returned to Lessee not later than forty-within five (455) calendar days after the delivery receipt of possession of the entire Leased Property written demand, deposit cash with LESSOR in an amount sufficient 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 restore the Security Deposit to fully guarantee Lessee’s the amount stated above. At the expiration of the lease term, and after LESSEE has vacated the Leased Property and LESSOR has received the Leased Property agreement, LESSEE shall deliver to LESSOR a non debt certificate issued by the public utility companies for each utility in the Leased Property and complied with all its obligations derived from this Agreementhereunder, the Lessee LESSOR shall improve and/or substitute, as the case may be, the Guaranty and/or return the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered LESSEE, or so much thereof as has not been applied by Lessor for said purposeLESSOR, without payment of interest to LESSEE.”
Appears in 1 contract
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 Lessee's execution of this Lease and, upon signing this Agreement, Lessee shall deliver such Guaranty to the Lessor. FurthermoreLease, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreementa▇ ▇ ▇▇curity deposit the sum specified in Paragraph 1.5 above (the "Deposit"). If Lessee does On May 1, 1998 and May 1, 2003 (unless the Lease is terminated or the Option is 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 substituteexercised, as the case may be) Lessee shall increase the Deposit to that amount which is equal to the newly established monthly rental. The Deposit shall be held by Lessor as a security deposit for the faithful performance by Lessee ▇▇ ▇▇▇ terms, covenants, and conditions of this Lease to be k▇▇▇ ▇▇d performed by Lessee during the Term. If Lessee defaults with respect to any provi▇▇▇▇▇ of this Lease, including but not limited to the provisions relating to the payment of rent and any of the monetary sums due hereunder, Lessor may (but shall not be required to) use, apply or retain any part or all of the Deposit 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 loss or damage which Lessor may suffer by reason of Lessee's default. If any portion of the Deposit is so used or applied, Lessee shall, within 10 days after written demand therefor, deposit cash with Lessor in an amount sufficient to restore the Deposit to its original amount; Lessee's failure to do so shall be a material breach of this Lease. ▇▇▇▇▇▇ shall not be required to keep the Deposit separate from its general funds, and Lessee shall not be entitled to interest on the Deposit. If Lessee shall fully and faithfully perform every provision of this Lease to be performed by it, the Guaranty and/or the Security Deposit in accordance with the foregoing and within the 30 or any balance thereof shall be returned to Lessee (thirty) days following or, at Lessor's option, to the notification last assignee of Lessee's interests hereunder) at the expiration of the Term and afte▇ ▇▇▇▇ee has vacated the Premises. In the event of termination of Less▇▇'▇ ▇nterest in writing delivered by this Lease, Lessor shall transfer the Deposit t▇ ▇▇▇▇or's successor in interest, whereupon Lessee agrees to release L▇▇▇▇▇ from all liability for said purposethe return of ▇▇▇ ▇eposit or the accounting therefor.
Appears in 1 contract
Security Deposit. The Lessee states that On the date of execution hereof, LESSEE shall deposit with LESSOR, the amount equivalent to one month of rent (the “Security Deposit”) as security for LESSEE’s faithful performance of its Guarantor has executed obligations hereunder. LESSOR may retain any amount with no obligation to return the Guaranty same in case LESSOR applies said sum to comply with the LessorLESSEE’s failure to comply with its obligations under this Lease Agreement. If LESSEE fails to pay rent or other charges due hereunder, which guarantees all of the obligations the Lessee has assumed in the terms or otherwise defaults with respect to any provision of this Lease and, upon signing this Agreement, Lessee shall deliver such Guaranty to the Lessor. Furthermore, Lessee shall deposit LESSOR may use all or any portion of the Security Deposit with Lessor upon signing for the payment of rent or other charges in default, or for the payment of any other sum to which LESSOR may become obligated to pay by reason of LESSEE’s default, or to compensate LESSOR for loss or damage which LESSOR may suffer in accordance to what is stipulated in Clause Fourth of this Agreementagreement. If Lessee does not fulfill LESSOR uses all or any portion 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 comply with the Term of this Leaseabovementioned failure, provided that if Lessee complies with all the termsLESSEE shall, covenants and conditions of this Lease, the Security Deposit (or any balance thereof) shall be returned to Lessee not later than forty-within five (455) calendar days after the delivery receipt of possession of the entire Leased Property written demand, deposit cash with LESSOR in an amount sufficient 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 restore the Security Deposit to fully guarantee Lessee’s the amount stated above. At the expiration of the lease term, and after LESSEE has vacated the Leased Property and LESSOR has received the Leased Property agreement, LESSEE shall deliver to LESSOR a non debt certificate issued by the public utility companies for each utility in the Leased Property and complied with all its obligations derived from this Agreementhereunder, the Lessee LESSOR shall improve and/or substitute, as the case may be, the Guaranty and/or return the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification in writing delivered LESSEE, or so much thereof as has not been applied by Lessor for said purposeLESSOR, without payment of interest to LESSEE.”
Appears in 1 contract
Security Deposit. The Upon execution of this lease, Lessee states that its Guarantor has executed the Guaranty agrees to deposit with the Lessor, the receipt of which guarantees is hereby acknowledged, the sum of $ . This deposit, which is non-interest bearing, is to be held by Lessor as security for the full and faithful performance of all of the obligations terms and conditions of this lease. This security deposit is not to be considered liquidated damages. In the Lessee has assumed in event of forfeiture of the security deposit due to Lessee’s failure to fully and faithfully perform all of the terms and conditions of this Lease andthe lease, upon signing this Agreement, Lessee shall deliver such Guaranty to the LessorLessor retains all of its other rights and remedies. Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill have the right to cancel this lease and void his obligations thereunder by forfeiting the said security. Lessee shall be entitled to return of the said security deposit within 30 days after the premises have been vacated and inspected by Lessor provided said lease premises are returned to Lessor in as good condition as they were at the time Lessee first occupied same, subject only to normal wear and tear and after all keys are surrendered to Lessor. Lessee agrees to deliver the premises clean and free of trash at the termination of the lease. In the event of any of its obligations under damage to the Leaseleased premises or equipment therein, reasonable wear and tear exempted, caused by Lessee, his family, guests or agents, Lessee agrees to pay Lessor may apply when billed the Security Deposit on account of such obligation full amount necessary to repair or replace the damaged premises or equipment. Deductions will be made from the security deposit to reimburse Lessor for the cost of repairing 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 articles or equipment that may be necessary damaged beyond repair, lost or missing at the termination of the lease. Deductions will also be made to cover any unpaid amounts owed to Lessor for any such damage or loss occurring prior to termination of the lease and for which Lessee has been billed. In the event that such damages or cleaning charges exceed the amount of the security deposit, charges for damages and cleaning shall be paid in order for addition to the Security Deposit amount of the said security deposit. Notwithstanding any other provisions expressed or implied herein, it is specifically understood and agreed that the entire security deposit aforesaid shall be automatically forfeited as liquidated damages should lessee vacate, abandon the premises before the expiration of this lease or without giving written 30 day notice to be equal to 2 (two) months of current Rent at all times vacate, except where such abandonment occurs 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 last month of the entire Leased Property to Lessor in accordance with the terms of this Agreement. Additionally, during each year term of the Term of lease, Lessee has paid all rent covering the entire term and either party has given the other timely written notice that 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 lease will not be renewed under 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 purposeautomatic renewal provisions.
Appears in 1 contract
Sources: 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 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 concurrently 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 execution of this Lease, the Security Deposit sum of Thirty-Seven Thousand Seven Hundred 51xty-Five and 36/100 Dollars (or $37,765.36) to be held in an interest bearing account with interest payable to the Lessee annually and applied by Lessor as security for the full and timely performance and observance of any balance thereof) and all of the terms and conditions of the Lease on Lessee's part to be performed and observed. Lessor in its discretion and from time to time and at any time shall be returned entitled to apply any portion or all of said security to reimbursement or satisfaction of any and all defaults in Lessee's performance and observance of the Lease and/or any and all damages, losses, attorneys' fees, costs or expenses incurred or to be incurred by Lessor as to any default or defaults in the Lease by Lessee, including those not remedied by Lessee not later than forty-within the period, if any, expressly provided in the Lease for such remedial action. Upon Lessor's giving Lessee notice of any such application of the security, Lessee shall within five (455) calendar days after the delivery of possession of the entire Leased Property thereafter pay to Lessor a sum sufficient to restore the amount of such security de deposit to a total sum of Thirty-Seven Thousand Seven Hundred Sixty-Five and 36/100 Dollars ($37,765.36). On or before March 1, 1991, and/or 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 event that Lessee shall deliver to Lessor copy of lease 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 substituteadditional premises, as the case may be, Lessee shall pay to Lessor a sum sufficient that will, when added to the Guaranty security then being held by Lessor, equal two (2) months of the rental due during the term and/or for the Security Deposit in accordance additional premises so leased. Within fifteen (15) days next following expiration of the term of this Lease, Lessor shall refund to Lessee any balance of the security remaining on deposit with Lessor which has not been applied to reimbursement or satisfaction of the foregoing items, and within Lessor shall have no further liability with respect to such security. If Lessor shall cease to be the 30 (thirty) days following landlord of the demised premises, Lessor may deliver the balance of the security then on deposit with Lessor to its successorin-interest to such premises; and upon such delivery and written notice to Lessee giving the notification in writing delivered by name and mailing address of such successor-in-interest, Lessor for said purposeshall have no further liability with respect to such security.
Appears in 1 contract
Sources: Lease Agreement (American Drug Co)
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
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 this lease, including without limitation, the Lease, 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 look solely to the new lessor for the return of the said Security Deposit, and it is agreed that this shall apply to every transfer or assignment made of the Security Deposit to a new lessor. Accrued interest on the Security Deposit (twoless any portions thereof used, applied or retained by Lessor in accordance with the provisions of this Section 17), shall be paid to Lessee on an annual basis. The Security Deposit (less any portions thereof used, applied or retained by Lessor in accordance with the provisions of this Section 17), shall be returned to Lessee promptly after the expiration or sooner termination of this Lease without the fault of the Lessee and after delivery of the entire 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. 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 sixty (60) months days after entry, or in the event a petition is filed by or against Lessee under any chapter of current Rent at 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 to deposit additional security in the amount specified in Subsection 8(E) (hereinafter called the "ADDITIONAL SECURITY DEPOSIT") to adequately assure Lessee's performance of all times of its obligations under this Lease including all payments subsequently accruing. Failure of Lessee to deposit the Additional Security Deposit pursuant thereto within ten (10) days after Lessor's written demand shall constitute a default by Lessee. In lieu of a cash deposit, upon signing this Lease, Lessor agrees that Lessee may deliver to Lessor a clean, irrevocable and unconditional Letter of Credit (the "L/C") issued by and drawn upon any commercial bank chartered by the State of New York, the State of New Jersey or the United Stated Government (the "ISSUING BANK") with offices for banking purposes in the City of Hackensack or the City of New York, and having a new worth of not less than $500 million, which L/C shall have a term of not less than one year, be in form and content reasonably satisfactory in all respects to Lessor, be for the account of Lessor and be in the amount of the Security Deposit. The L/C shall provide that:
(i) The Issuing Bank shall pay to Lessor, or its duly authorized representative, an amount up to the face amount of the L/C upon presentation of the L/C and a sight draft in the amount to be drawn;
(ii) The L/C shall be deemed to be automatically renewed, without amendment, for consecutive periods of one year each during the Term of this Lease, provided unless the Issuing Bank sends written notice (the "NON-RENEWAL NOTICE") to Lessor by certified or registered mail, return receipt requested, not less than thirty (30) days next preceding the then expiration date of the L/C, that if Lessee complies with all it elects not to have such L/C renewed;
(iii) Lessor, within twenty (20) days of its receipt of the termsNon-Renewal Notice, covenants and conditions of this Leaseshall have the right, exercisable by a sight draft, to receive the Security Deposit monies represented by the L/C (or any balance thereof) which moneys shall be returned held by Lessor as a cash deposit pursuant 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 AgreementArticle pending the placement of such L/C or Lessee's default hereunder; and
(iv) Upon Lessor's sale of Lessor's interest in the Building, the L/C shall be transferable by Lessor as provided for herein. Additionally, during each year In the event of a sale of Lessor's interest in or net lease of the Term of this Agreement Building, Lessor shall have the right to transfer the cash security 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 substituteL/C, as the case may be, deposited hereunder to the Guaranty and/or vendee, lessee or transferee, without cost to Lessor, and Lessor shall thereupon be released by Lessee from all liability for the Security Deposit return of such cash security or L/C. In such event, Lessee agrees to obtain a new L/C naming the purchaser or net lessee (as the case may be) as the beneficiary and to look solely to the new landlord for the return of said cash security or L/C. It is agreed that the provisions hereof shall apply to every transfer or assignment made of said case security of L/C. In the event that any time during the Term of this Lease Lessor, in Lessor's opinion, believes (a) that the net worth of the Issuing Bank shall be less than the minimum amount specified above or (b) that circumstances have occurred indicating that the Issuing Bank may be incapable of, unable to, or prohibited from honoring the then existing L/C (hereinafter referred to as the "EXISTING L/C" in accordance with the foregoing and terms thereof, then, upon the happening of either of the foregoing, Lessor may send written notice to Lessee (hereinafter referred to as the "REPLACEMENT NOTICE") requiring Lessee within ten (10) days to replace the Existing L/C with a new letter or credit (hereinafter referred to as the "REPLACEMENT L/C") from an Issuing Bank meeting the qualifications described in this Section 17. Upon receipt of the Replacement L/C meeting the qualifications of this Section 17, Lessor shall forthwith return the Existing L/C to Lessee. In the event that (i) a Replacement L/C meeting the qualifications of this Section 17 is not received by Lessor within the 30 time specified or (thirtyii) days following to Lessor believes an emergency exists, then in either event, the notification in writing delivered Existing L/C may be presented for payment by Lessor for said purposeand the proceeds thereof shall be held by Lessor in accordance with this Section 17 subject, however, to Lessee's right, at any time thereafter prior to a Lessee's default hereunder, to replace such cash security with a Replacement L/C meeting the qualifications of this Section 17.
Appears in 1 contract
Sources: Lease Agreement (Goamerica Inc)
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 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
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 andby Tenant, upon signing this Agreement, Lessee shall deliver such Guaranty to the Lessor. Furthermore, Lessee Tenant shall deposit with Landlord the sum of $7,234.50 (“Security Deposit with Lessor upon signing Deposit”) to secure the faithful performance by Tenant of each term, covenant and condition to be performed or kept by Tenant under this AgreementLease. If Lessee does not fulfill Tenant shall at any of time fail to make any payment or fail to keep or perform any term, covenant and condition on its obligations part to be made or performed or kept under the this Lease, Lessor may including, without limitation, payment of Rent, maintenance of the Premises in good repair, and surrendering the Premises in a clean condition, Landlord may, but shall not be obligated to and without waiving or releasing Tenant from any obligation under this Lease, and without waiving its right to treat such failure as a default hereof, 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 DepositDeposit reasonably necessary to remedy such failure of Tenant. In such event, LesseeTenant shall within five days of written demand by Landlord, immediately after notice from Lessor, shall deposit with Lessor the amount so applied so that Lessor shall have the full remit to Landlord sufficient funds to restore said Security Deposit available at all times during the Term to its original sum. Landlord is not a trustee 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 and may commingle it, use it in ordinary business, transfer or assign it, or use it in any combination of current Rent at all times during those ways. No interests shall accrue on the Term of this Lease, provided that if Lessee complies Security Deposit. Should Tenant comply with all the of said terms, covenants and conditions and timely pay all amounts due hereunder as the same become due, and at the end of the term of this Lease leave the Premises in the condition required by the terms of this Lease, the then said Security Deposit (or any balance thereof) shall be returned to Lessee not later than forty-five (45) calendar days after Tenant following the delivery termination of possession this Lease and vacancy of the entire Leased Property Premises by Tenant. At all times the Security Deposit shall be equal to Lessor in accordance with the terms of this AgreementMonthly Installment due. Additionally, during each year of When the Term of this Agreement or at Lessor’s reasonable request in writingMonthly Installment is increased, the Lessee Tenant 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 immediately increase the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, equal 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 purposeMonthly Installment.
Appears in 1 contract
Sources: Lease Agreement (Broadvision 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 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 (A) Lessee states that its Guarantor has executed the Guaranty with the Lessorshall, which guarantees all of the obligations the Lessee has assumed in the terms upon execution of this Lease andby ▇▇▇▇▇▇, 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 ▇▇▇▇▇▇ as security for the Security Deposit to be equal to 2 (two) months performance 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 sum of $1,000.00 (hereinafter the “Security Deposit”). This Security Deposit is to be retained by Lessor until the expiration of this Lease and shall be returnable to Lessee provided that,
(1) the Leased Premises has been vacated and returned to Lessor under the terms and conditions of Section 14 of this Lease;
(2) Lessee has paid in full all of the (i) Annual Minimum Rent, (ii) additional rent (as hereinafter defined) and (iii) service charges due and outstanding under this Lease at the expiration of this Lease and;
(3) after Lessor has inspected the Leased Premises (with or without Lessee) prior to or soon after the expiration or sooner termination of this Lease, ▇▇▇▇▇▇ has performed all of the repairs and/or cleaning as required by Lessor.
(B) If Lessee has not fully complied with all of the terms, covenants and conditions of this Lease, the Security Deposit, or any balance part thereof) , shall be retained by Lessor as liquidated damages or, at Lessor’s discretion, may be applied by Lessor against any actual loss, damage or injury chargeable to Lessee under this Lease. If Lessor determines that the dollar amount of such loss, damage or injury exceeds the amount of the Security Deposit, Lessee shall be liable for the amount that exceeds the Security Deposit. Lessor’s determination of the amount, if any, of the Security Deposit to be returned to Lessee not later than forty-five (45) calendar days after shall be final. It is understood and agreed between 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, parties that under no circumstances will 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 apply the Security Deposit to fully guarantee Lessee’s obligations derived from any or the final monthly installment of Annual Minimum Rent due under this Agreement, Lease. In the Lessee shall improve and/or substitute, as the case may be, the Guaranty and/or event Landlord elects to apply all or part of the Security Deposit in accordance with to any monetary delinquency, ▇▇▇▇▇▇ shall immediately upon notice replenish the foregoing and within the 30 (thirty) days following Security Deposit to the notification in writing delivered by Lessor for said purposeits original amount.
Appears in 1 contract
Sources: Lease Agreement (Triller Corp.)
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 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 17 of the Preamble. Said letter of credit shall be for a term of not less than l 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: Lease Agreement (Medicines Co/ Ma)
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 thereofiii) 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
Security Deposit. The Lessee states 4.1 Lessor acknowledges that its Guarantor has executed the Guaranty with the Lessor, which guarantees all of the obligations the Lessee has assumed in already paid a $6,780.00 security deposit under Lessee's current Lease. Lessee hereby agrees to pay an additional $10,220.00 to bring the total security deposit to $17,000.00. Lessee shall pay to Lessor upon execution hereof the sum of $10,220.00 as additional security for the faithful performance and observance by Lessee of the terms of this Lease and, upon signing Agreement. It is agreed that in the event Lessee defaults in respect of any of the terms of this Lease Agreement, Lessee shall deliver such Guaranty including, but not limited to, the payment of rent and additional rent, Lessor may, in addition to any other rights and remedies it may have, use, apply or retain the whole or any part of the security so deposited 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 rent and additional rent or any other sum as to reimburse Lessor for any sum that which Lessor may expend due or be required to expend by reason of Lessee's defaultdefault in respect of any of the terms of this Lease Agreement. If Lessor applies any part of the Security Deposit, said deposit to cure any default of Lessee, immediately after notice from Lessor, 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 of this Lease. Likewise, in case of Rent increases in terms of this Lease Agreement, .
4.2 In the event that 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 of the terms, covenants terms and conditions of this LeaseLease Agreement, the Security Deposit (or any balance thereof) security shall be returned to Lessee not later than forty-five (45) calendar days without interest after the date fixed as of the end of the term of this Lease Agreement and after delivery of the entire possession of the entire Leased Property Premises to Lessor in accordance with Lessor. In the terms event of this Agreement. Additionally, during each year a sale or lease of the Term Project, Lessor shall have the right to transfer the security to the vendee or lessee and Lessor shall thereupon be released by Lessee from all liability for the return of this Agreement or at Lessor’s reasonable request in writingsuch security, and Lessee agrees to look solely to the Lessee shall deliver to Lessor copy new landlord for the return of said security, and it is agreed that all of the audited financial statements provisions hereof shall apply to every transfer or assignment made of Lessee and/or the Guarantor corresponding security 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 purposea new landlord.
Appears in 1 contract
Sources: Commercial Lease (Sitek Inc)
Security Deposit. The Lessee states that its Guarantor has executed deposited with Lessor and Lessor hereby acknowledges receipt of the Guaranty with the sum of $9,000.00, which shall be held by Lessor, which guarantees 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 andby Lessee to be observed and performed. Said deposit shall not be mortgaged, upon signing this Agreementassigned, transferred or encumbered by Lessee without the express prior written consent of Lessor and any such act on the part of Lessee shall deliver such Guaranty to the be without force and effect and shall not be binding upon 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 Leaserents herein reserved or any other sum payable by Lessee or Lessor hereunder shall be overdue or unpaid, or should Lessor may apply the Security Deposit make payments 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 behalf 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 a period prior to the economic solvency filing of such proceedings. 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 Premises and 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
Security Deposit. The Lessee states that its Guarantor has executed Tenant shall at all times maintain on deposit with Landlord cash in the Guaranty with amount of $9,403.20 as security for the Lessor, which guarantees full and faithful observance and performance of all of the obligations the Lessee has assumed in the terms covenants and agreements of this Lease andto be observed or performed by Tenant (expressly including, upon signing without limitation, the payment as and when due of the fixed rent, additional rent and any other sums or damages payable by Tenant hereunder) and the payment of any and all other damages for which Tenant shall be liable by reason of any act or omission contrary to any of said covenants or agreements. If at any time Tenant shall be in default in the payment of any such fixed rent, additional rent and/or any other sums or damages or shall otherwise be in default in the observance or performance of any of the covenants or agreements of this AgreementLease to be observed or performed by Tenant, Lessee shall deliver such Guaranty then, at Landlord's election, the cash on deposit with it as aforesaid may be applied by Landlord to the Lessor. Furthermorepayment of the fixed rent, Lessee shall deposit additional rent and other sums or damages in respect of which Tenant is so in default and/or, if Tenant is otherwise in default in the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill observing or performing as aforesaid of any of its obligations under the covenants or agreements of this Lease, Lessor said cash on deposit may apply be applied by Landlord to the Security Deposit on account payment of such obligation or to reimburse Lessor for costs and expenses as Landlord shall incur in curing any sum that Lessor may expend due to Lessee's such default. If Lessor applies as a result of any part such application of any such cash, the Security Deposit, Lessee, immediately after notice from Lessor, shall amount of cash so on deposit with Lessor Landlord shall at any time be less than that hereinabove specified, Tenant shall within ten (10) days after demand therefor deposit with Landlord additional cash in an amount equal to the amount deficiency and Tenant'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. LikewiseIf, in case at the expiration 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 term of this Lease, provided that if Lessee complies with all of such fixed rent, additional rent, or other sums or damages, costs or expenses shall have been paid by Tenant to Landlord and Tenant shall not be in default in the terms, covenants and conditions observance or performance of any other covenant or agreement of this Lease, then Landlord shall return to Tenant, without interest, all or such part of the cash, if any, then on deposit with Landlord pursuant to this Section 22.6. Landlord shall have the right to commingle such cash with its general assets and, unless otherwise required by law, Landlord shall not be obligated to pay Tenant interest thereon. Should the Rentable Area of the Premises be increased or decreased pursuant to Section 1.2 of the Lease, then, effective at the commencement of the Lease term, 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, recalculated 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$1.60 per rentable square foot per month.
Appears in 1 contract
Security Deposit. The Lessee states that its Guarantor On or before the date of execution of this Lease, Less▇▇ has executed the Guaranty with the delivered to Lessor, receipt of which guarantees all is hereby acknowledged by Lessor, the following payments, as they appear on Exhibit "A" attached hereto: 1) the Initial Monthly Payment consisting of the obligations Initial Fixed Rent plus the Lessee has assumed in the terms of this Lease andfirst month's common-area, upon signing this AgreementMRWPCA and other charges or reimbursements, Lessee shall deliver such Guaranty to the Lessor. Furthermoreas applicable, 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 and 2) the Security Deposit, Lesseefor the full and faithful performance by Less▇▇ of all of the covenants, immediately after notice from Lessorconditions, shall deposit with Lessor the amount so applied so that Lessor terms and obligations of this Lease to be performed and kept by Less▇▇. ▇▇ Lessee 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 complied with all of the terms, covenants covenants, conditions and conditions obligations of this Lease, the Security Deposit (or any balance thereof) security deposit shall be returned to Lessee not later than forty-five (45) calendar within fifteen days after Less▇▇ ▇▇▇ vacated the delivery of possession demised premises. If Lessee defaults in respect to any of the entire Leased Property terms, covenants, conditions and obligations of this Lease, including but not limited to nonpayment of rent, Lessor may use, apply or retain the whole or any part of the security deposit for the payment of any rent in default or for reimbursement of Lessor for any sums which Lessor may spend or be required to spend by reason of Less▇▇'▇ ▇efault. The application by Lessor of all or any part of said security deposit shall not preclude Lessor from thereafter exercising each and all of Less▇▇'▇ ▇ther rights and remedies upon such default of Lessee. Should Lessor resort to any portion or all of the security deposit then, and in that event, Less▇▇ ▇▇▇ees to pay to Lessor in accordance with the terms of this Agreementamount for which resort to the security deposit was had and necessary to restore the security deposit to the original sum required hereunder. Additionally, during each year Lessee will receive no interest on any portion 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.
Appears in 1 contract
Security Deposit. The A. Lessee states that its Guarantor has executed the Guaranty shall, concurrently with the Lessorexecution of this Lease, deliver to Lessor two irrevocable, unconditional Letters of Credit (individually, “Letter of Credit” and collectively, “Letters of Credit”) running in favor of Lessor and issued by a bank satisfactory to Lessor (i) one in the amount of $487,000.00 which guarantees all amount is equal to four (4) months’ gross rent (Base Rent and Additional Rent) for the first year of the obligations the Lessee has assumed Lease Term (“Lease Term Letter of Credit”) and (ii) one in the terms amount of $300,000.00 (“Three Year Letter of Credit”) as security for the full and faithful performance by Lessee of each and every term, provision, covenant and condition of this Lease. The Lease and, upon signing this Agreement, Lessee Term Letter of Credit and the Three Year Letter of Credit shall deliver such Guaranty be renewed no less than thirty (30) days prior to the Lessorexpiration date, and the amount of (i) the Lease Term Letter of Credit shall be increased to an amount equal to four (4) months’ gross rent for the upcoming year of the Lease Term and (ii) the Three Year Letter of Credit shall be reduced by $100,000.00 at the end of the first year of the Lease and then reduced by another $100,000.00 at the end of the second year of the Lease and then shall not be required to be provided to Lessor at the end of the third year of the Lease. FurthermoreNotwithstanding the foregoing, Lessee shall deposit the Security Deposit with Lessor reduction in the amount of the Three Year Letter of Credit and the elimination of the Three Year Letter of Credit as set forth in the foregoing sentence is contingent upon signing this Agreementan Event of Default not having occurred at any time during the first three years of the Lease. If Lessee does not fulfill an Event of Default occurs at any time during the term of its obligations under the Lease, Lessor may draw on either or both the Lease Term Letter of Credit or the Three Year Letter of Credit (unless it has been properly eliminated as provided for herein) and 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 Depositproceeds thereof for the payment of any sum then due hereunder or which Lessor may expend or be required to expend by reason of Lessee’s breach including, Lesseewithout limitation, immediately after notice from Lessorany damages or deficiency in the reletting of the Premises, shall deposit with Lessor the amount so applied so that Lessor whether such damages or deficiency shall have the full Security Deposit available at all times during the Term of this Leaseaccrued before or after re entry by Lessor. Likewise, in case of Rent increases in terms of this Agreement, the If 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 Lease Term Letter of Credit or the Three Year Letter of Credit (or unless it has been properly eliminated as provided for herein), less any balance thereof) draws made thereon, shall be returned to Lessee after all of the following have occurred: (a) the time fixed as the expiration of the Lease Term; (b) the removal of Lessee from the Premises; (c) the surrender of the Premises by Lessee to Lessor in accordance with this Lease; and (d) final determination of all amounts payable by Lessee hereunder and payment of same. In the absence of evidence satisfactory to Lessor of an assignment of the right to receive the Lease Term Letter of Credit or the Three Year Letter of Credit (unless it has been properly eliminated as provided for herein), or the remaining balance thereof, Lessor may return the Lease Term Letter of Credit or the Three Year Letter of Credit (unless it has been properly eliminated as provided for herein) to Lessee, regardless of one or more assignments of this Lease.
B. The Lease Term Letter of Credit and the Three Year Letter of Credit shall be in the form attached hereto as Exhibit C
C. In the event the issuing bank elects not to renew the Lease Term Letter of Credit or the Three Year Letter of Credit, or if Lessor draws on the Lease Term Letter of Credit or the Three Year Letter of Credit, Lessee shall provide Lessor with a substitute Letter of Credit in the amount of the Security Deposit and which meets all of the criteria contained herein. The form and terms of the Letters of Credit shall be acceptable to Lessor in all respects and shall provide, among other things, in effect that:
a. Lessor, its beneficiary, or its then managing agent shall have the right to draw down an amount up to the face amount of the Letters of Credit upon the presentation to the issuing bank of a sight draft only.
b. The Letters 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.
c. In the event of a transfer of Lessor’s interest in the Premises, Lessor shall have the right to transfer the Letters of Credit to the transferee and thereupon 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 Letters of Credit to a new Lessor. If, as a result of any draw on either of the Letters of Credit, the amount of the Security Deposit shall be reduced, Lessee shall, within ten (10) days thereafter, provide Lessor with additional letter(s) of credit in the form required hereunder in an amount equal to the deficiency so that the letter(s) of credit shall be in the aggregate amount of the Security Deposit. Without limiting the generality of the foregoing, if either of the Letters of Credit expire earlier than sixty (60) 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 of the original Letter of Credit), irrevocable and automatically renewable as above provided to sixty (60) 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 acceptable to Lessor. However, (i) if the Letters of Credit are not timely renewed or a substitute Letter of Credit is not timely received, (ii) or if Lessee fails to maintain the Letters of Credit in the amount and terms set forth in this ▇▇▇▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇, at least thirty (30) days prior to the expiration of the Letters of Credit, or immediately upon its failure to comply with each and every term of this Paragraph 48 must deposit with Lessor cash or a substitute Letter of Credit from a bank as financial institution acceptable to Lessor in the amount of the Security Deposit required by this Lease. The cash or Letter of Credit shall to be held subject to and in accordance with, all of the terms and conditions set forth in Paragraph 48.a. or this Paragraph 48.b. In the event Lessee does not deposit with the substitute Letter of Credit, the Lessor may present such Letter of Credit to the issuing bank, in accordance with the terms of this Agreement. Additionally, during each year of Paragraph 48 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 be held by Lessor as 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: Building and Ground Lease (Phoenix Container, 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
Security Deposit. The Lessee states that its Guarantor Tenant has executed deposited with Landlord the Guaranty with sum of $6,043.33 as security for the Lessor, which guarantees all faithful performance and observance by Tenant of the obligations the Lessee has assumed terms, provisions and conditions of this Lease; it is agreed that in the terms event Tenant defaults in respect of any of the terms, provisions 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, Lessor including, but not limited to, the payment of rent and additional rent, Landlord may at its 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 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 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 Security Deposit (reletting of the Premises whether such damages or any balance thereof) deficiency accrued 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 shall be returned returned, without interest, to Lessee not later than forty-five (45) calendar days Tenant after the date fixed as the end of the Lease and within a reasonable time after delivery of entire 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 land and building or at Lessor’s reasonable request in writing, the Lessee shall deliver to Lessor copy leasing of the audited financial statements buildings, of Lessee and/or which the Guarantor corresponding demised Premises form a part, Landlord shall have the right to transfer the security to the preceding year. Provided that if Lessorvendee or lessee, based on and Landlord shall thereupon be released by Tenant from all liability for the return of such financial statements, reasonably security; and justifiably determines that due Tenant agrees to look to the economic solvency new Landlord solely for the return of Lessee and/or said security; and it is agreed that the Guarantor 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 necessary to improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreementsuccessors or assigns shall be 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 (Lucid Inc)
Security Deposit. The Lessee states that its Guarantor has executed the Guaranty with the Lessor6.4.1 Subject to Sections 6.4.2 and 6.4.3 below, which guarantees all of the obligations the Lessee has assumed in the terms upon execution of this Lease andSublease, upon signing this Agreement, Lessee shall deliver such Guaranty to the Lessor. Furthermore, Lessee Subtenant shall deposit with Sublandlord the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any of its obligations under described in Section 1.1 hereof as security for 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 and observance by Subtenant of the Security Depositterms, 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 termsprovisions, covenants and conditions of this LeaseSublease, and it is agreed that in the event Subtenant defaults beyond the expiration of applicable notice, grace or cure periods in respect of any of the terms, provisions, covenants and conditions of this Sublease, including, but not limited to, the Security Deposit (payment of Rent, Sublandlord may use, apply or retain the whole or any balance thereof) part of the security so deposited to the extent required for the payment of any Rent or any other sum as to which Subtenant is in default or for any sum which Sublandlord may reasonably expend or may be required to expend by reason of Subtenant’s default beyond the expiration of applicable notice, grace or cure periods in respect of any of the terms, provisions, covenants and conditions of this Sublease, including, but not limited to, any damages or deficiency accrued before or after summary proceedings or other re-entry by Sublandlord. In the event that Subtenant shall fully and faithfully comply with all of the terms, provisions, covenants and conditions of this Sublease, the security shall be returned to Lessee Subtenant after the date fixed as the end of the Sublease Term and not later than forty-five thirty (4530) calendar days after the delivery of entire possession of the entire Leased Property Premises to Lessor in accordance with Sublandlord as provided hereunder. In the terms event of this Agreement. Additionally, during each year a sale of the Term Land and Building or leasing of this Agreement the Building, of which the Premises form a part, Sublandlord shall have the right to transfer the security to the vendee or lessee and Sublandlord shall thereupon be released by Subtenant from all liability for the return of such security, and Subtenant agrees to look solely to the new Sublandlord for the return of said security, and it is agreed that the provisions hereof shall apply to every transfer or assignment made of the security to a new Sublandlord. Subtenant further covenants that it will not assign or encumber or attempt to assign or encumber the monies deposited herein as security and that neither Sublandlord nor its successors or assigns shall be bound by any such assignment, encumbrance, attempted assignment or attempted encumbrance. In the event Sublandlord applies or retains any portion or all of the security deposited, Subtenant 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 be the full amount of the security deposit required at the relevant time. Sublandlord shall not be responsible for the payment of any interest on the Security Deposit.
6.4.2 Subtenant shall deliver to Lessor copy Sublandlord upon execution of this Sublease, and shall maintain in effect at all times during the audited financial statements Sublease Term (and through the period which is thirty (30) days following the Expiration Date) following delivery thereof, a clean, unconditional and irrevocable letter of Lessee and/or credit, in substantially the Guarantor corresponding to form annexed hereto as Exhibit B in the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that due to the economic solvency amount of Lessee and/or the Guarantor its necessary to improve and/or substitute the Guaranty and/or the Security Deposit issued by a banking corporation (“Bank”) reasonably satisfactory to fully guarantee Lessee’s obligations derived Sublandlord. 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 Sublandlord given not less than thirty (30) days prior to the then expiration date therefor. It is agreed that in the event Subtenant defaults in respect of any of the terms, covenants or provisions of this AgreementSublease, including, but not limited to, the Lessee shall improve and/or substitutepayment of any Rent, as and such default continues beyond the case may beapplicable grace or cure period, if any, or if any letter of credit is terminated by the Guaranty and/or the Security Deposit in accordance with the foregoing Bank and is not replaced within the 30 thirty (thirty30) days following prior to its expiration that (A) Sublandlord shall have the notification in writing delivered by Lessor for said purpose.right to require the Bank to make payment to Sublandlord 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 notice of termination is given
Appears in 1 contract
Security Deposit. The Lessee states that its Guarantor has executed As security for the Guaranty with the Lessor, which guarantees performance of all of the obligations owed by it under the Lease and the payment of all sums due by the Lessee has assumed in (Rent, charges, reimbursable taxes, occupation indemnities, immobilisation indemnities, cost of repairs and works which are 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 responsibility of the Security DepositLessee on vacating the premises, 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 Agreementetc.), the Lessee shall immediately pay to the Lessor, on the date of signature of this agreement, a security deposit to Lessor the amount that may be necessary in order for the Security Deposit to be equal to 2 three (two3) months of current Rent at excluding taxes under those conditions set forth in the Special Terms and Conditions. At the time of each index-linked adjustment of the Rent, the security deposit shall be adjusted proportionally to the new Rent under the same conditions, so that it shall always correspond to one quarter of the annual Rent in force. This deposit shall be conserved by the Lessor throughout the entire duration of the Lease and shall not bear interest, cannot be deducted from the last instalments of Rent, and shall be reimbursable to the Lessee three months following the end of the Lease or the effective departure of the Lessee, after removals and return of the keys to the Lessor, subject to the Lessee’s performance of all times during of the Term of this Lease, provided that if Lessee complies with all the terms, covenants clauses and conditions of this the Lease, including in particular after substantiating the payment of all taxes, the performance of repairs which are the responsibility of the Lessee, the deduction of any sums which it may still owe to the Lessor or which the Lessee is liable for in any respect whatsoever, and the deduction of any sums for which the security deposit is intended as security to guarantee their payment. The Lessee shall not under any circumstances be entitled to set off all or part of the Rent, charges or other sums due to the Lessor against the security deposit. If, for any reason whatsoever, the security deposit should be used during the lease for the payment of sums due pursuant to the Lease, the Security Deposit (or any balance thereof) Lessee shall then reconstitute the deposit, failing which the Lease termination clause shall apply. In the event that insolvency proceedings are begun against the Lessee, the amount of the security deposit shall be returned fully and automatically set off against sums due to Lessee not later than fortythe Lessor which are the subject of a declaration of debts pursuant to the provisions of Articles L. 622–7 and L. 622-five (45) calendar days after the delivery of possession 24 of the entire Leased Property Commercial Code, as the liability to Lessor return the security deposit is necessarily connected to any receivable arising under this lease. In this event, the continuation of the commercial lease by the administrator, receiver or liquidation trustee pursuant to the Law of 26 July 2005, as codified in the Commercial Code, shall have the imperative consequence of reconstitution of the security deposit due in accordance with the terms of this Agreement. AdditionallySpecial Terms and Conditions, during each year independently of the Term payment of this Agreement or at Rent and charges arising as a consequence of the option thereby exercised. If the Property is transferred, the amount of the security deposit in the Lessor’s reasonable request in writingpossession shall be transferred to the new lessor on mere notification to the Lessee. The Lessee expressly acknowledges that its claim to the security deposit shall then be automatically transferred to the new lessor, the Lessee shall deliver to Lessor copy without other formality, such that it may not make any claim whatsoever for reimbursement of the audited financial statements of Lessee and/or security deposit 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 purpose.
Appears in 1 contract
Sources: Commercial Lease (Icon PLC)
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
Security Deposit. The Lessee states that its Guarantor has executed To secure the Guaranty with faithful performance by Tenant of all the Lessorcovenants, which guarantees all conditions and agreements in this Lease set forth and contained on the part of the obligations Tenant to be fulfilled, kept, observed and performed, including, but without limiting the Lessee has assumed generality of the foregoing, such covenants, conditions and agreements in the terms of this Lease andwhich become applicable upon the expiration or termination of the same or upon termination of Tenant's right to possession pursuant to Section 18.0 of the Lease, upon signing this Agreement, Lessee shall deliver such Guaranty to the Lessor. Furthermore, Lessee shall deposit Tenant has deposited herewith the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any of its obligations under Agent on the Lease, Lessor may apply understanding: (a) that the Security Deposit or any portion thereof not previously applied, or from time to time such other portions thereof may be applied to the curing of any default that may then 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 pay Agent 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 may be restored to its original amount; (b) that should the Leased Premises be conveyed by Landlord or should Agent cease to be equal to 2 (two) months the agent of current Rent at all times during the Term beneficiary or beneficiaries of this Lease, provided that if Lessee complies with all the terms, covenants and conditions of this LeaseLandlord, the Security Deposit (or any balance thereof) shall portion thereof not previously applied may be returned turned over to Lessee not later than forty-five (45) calendar days after Landlord's grantee or 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 substitutenew agent, as the case may be, and if the Guaranty and/or same be turned over as aforesaid, the Tenant hereby releases Landlord and Agent from any and all liability with respect to the Security Deposit and/or its application or return, and the Tenant agrees to look to such grantee or agent, as the case may be, for such application or return; (c) that Landlord shall have no personal liability with respect to said sum and Tenant shall look exclusively to Agent or its successors pursuant to subsection (b) hereof for return of said sum on the expiration of this Lease; (d) that Agent or its successor shall not be obligated to hold said Security Deposit as a separate fund, but on the contrary may commingle the same with its other funds; (e) that if Tenant shall faithfully fulfill, keep, perform and observe all of the covenants, conditions, and agreements in accordance with this Lease set forth and contained on the foregoing part of the Tenant to be fulfilled, kept, performed and within observed, the 30 sum deposited or the part or portion thereof not previously applied shall be returned to the Tenant without interest no later than thirty (thirty30) days following after the expiration of the term of this Lease or any renewal or extension thereof, provided Tenant has vacated the Leased Premises and surrendered possession thereof to the notification Landlord at the expiration of said term or any extension or renewal thereof as provided herein; (f) in writing delivered the event that Landlord terminates the Lease or Tenant's right to possession pursuant to Section 18.0 of this Lease, Agent may apply the Security Deposit against all damages suffered to the date of such termination and/or may retain the Security Deposit to apply against such damages as may be suffered or shall accrue thereafter by Lessor reason of Tenant's default; and (g) in the event any bankruptcy, insolvency, reorganization or other credit-debtor proceedings shall be instituted by or against Tenant, or its successors or assigns, the Security Deposit shall be deemed to be applied first to the payment of any rents and/or other charges due Landlord for said purposeall periods prior to the institution of such proceedings, and the balance, if any, of the Security Deposit may be retained or paid to Landlord in partial liquidation of Landlord's damages.
Appears in 1 contract
Sources: Industrial Space Lease (Nelnet 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 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 as herein provided. Lessor shall not be required to maintain the Security Deposit on account of such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's defaultin a separate account. 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 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 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 judgment in any court against Lessee which is not discharged within ninety (90) 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 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 1 contract
Sources: Lease Agreement (Silicom Ltd.)
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 the sum of Forty Nine Thousand Two Hundred Three and 00/100 ------------------------------------------------ ($49,203.00) Dollars as security for the performance of Lessee's obligations ------------ under 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 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 term of this Lease. LikewiseIn the event of a bona fide sale, in case of Rent increases in terms of this Agreement, the Lessee shall immediately deposit subject 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, Lessor shall have the right to transfer the security to the vendee, and Lessor shall be considered released by Lessee from all liability for the return of such security; and Lessee agrees to look solely to the new lessor for the return of the said security, and it is agreed that this shall apply to every transfer or assignment made of the security to a new lessor. The security deposited as provided that if for herein shall not be mortgaged, assigned or encumbered by Lessee complies without the written consent of Lessor. Provided the lessee shall not be in default under the terms of the Lease, Lessee shall have the right to apply such security deposit to the basic rent and additional rent payable for the last remaining months of the terms of the Lease, including the months remaining in the event of an election by Lessee to terminate the Lease in accordance with Paragraph 42 hereof. In the event of the insolvency of Lessee, or in the event of the entry of a judgment in bankruptcy in any court against Lessee which is not discharged within thirty days (30) days after entry, or in the event a petition is filed by or against Lessee or 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 equal to twelve (12) months rent to assure Lessee's performance of all of its obligations under this Lease including all payments subsequently accruing. Failure of Lessee to deposit the terms, covenants and conditions security required by this Section within ten (10) days after Lessor's written demand shall constitute a material breach of this Lease by Lessee. Provided Lessee shall not be in default under the terms of the Lease, the Security Deposit (or any balance thereof) security paid to the Lessor under this Lease shall be returned (i) refunded to Lessee not later than forty-five one hundred twenty (45120) calendar days after following the delivery assignment and assumption of possession this Lease by Vialog Corporation ("Vialog") and the initial public offering of the entire Leased Property to Lessor common stock of Vialog substantially in accordance with Form S-1 as filed with the terms Securities Exchange Commission on February 28, 1997, or (ii) refunded to Lessee in three (3) equal annual installments commencing September 1, 1999 and annually thereafter on the first day of this Agreement. Additionally, during each year of January until 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 entire security is repaid 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 (Call Points 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. Furthermore, Lessee shall deposit the Security Deposit Sublandlord concurrent 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 Subtenant’s execution of this Lease, provided that if Lessee complies with 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 which 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 after giving Subtenant the applicable notice and cure period for such default, 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. Any amount of the L-C that is drawn upon by Sublandlord, but is not used or applied by Sublandlord, shall be held by Sublandlord and deemed a security deposit (the “L-C Security Deposit”). If any portion of the L-C is drawn upon, Subtenant shall, within five (5) days after written demand therefor, either (i) deposit cash with Sublandlord (which cash shall be applied by Sublandlord to the L-C Security Deposit) in an amount sufficient to cause the sum of the L-C Security Deposit and the amount of the remaining L-C to be equivalent to the amount of the L-C required under this Lease or (ii) reinstate the L-C to the amount then required under this Lease, and if any portion of the L-C Security Deposit is used or applied, Subtenant shall, within two (2) days after written demand therefor, deposit cash with Sublandlord (which cash shall be applied by Sublandlord to the L-C Security Deposit) in an amount sufficient to restore the L-C Security Deposit to the amount required under this Lease, and Subtenant’s failure to do so shall be a default under this Sublease. If Subtenant shall fully and faithfully perform every provision of this Sublease to be performed by it, the L-C Security Deposit and/or the L-C, or any balance thereof) , shall be returned to Lessee not later than forty-five Subtenant within sixty (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 (thirty60) 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 1 contract
Security Deposit. The Lessee states that its Guarantor has executed To secure the Guaranty with the Lessor, which guarantees faithful performance by User 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, but without limiting the generality of the foregoing, all covenants, conditions and agreements in this Lease that become applicable upon signing this Agreementits termination by reentry or otherwise, Lessee shall deliver such Guaranty and also to indemnify Owner against any damages, costs, expenses, brokerage commissions and/or attorneys’ fees which Owner may suffer by reason of default by User, User has deposited with Owner the Lessor. Furthermore, Lessee shall deposit sum set forth in Section 1.7 as a “Security Deposit” 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 understanding: (a) that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security Deposit, Lesseeor any portion thereof, immediately after notice from Lessormay be applied to the curing of any default that may exist, without prejudice to any other rights or remedies that Owner may have on account thereof (which in no event shall deposit limit the rights and remedies of Owner with Lessor respect to the Security Deposit), and, upon such application, User shall pay Owner 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 that the same will be restored to its original amount; (b) that, should the Facility 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 (Deposit, or any balance thereof, may be turned over to Owner’s grantee, and, if the same be turned over as aforesaid, User hereby releases Owner from any and all liability with respect to the Security Deposit and its application or return, and User agrees to look solely to such grantee for such application or return; (c) that Owner, or its beneficiaries, shall not be obligated to hold the Security Deposit as a separate fund, but may commingle it with other funds; (d) that, if User shall faithfully perform all of the covenants and agreements in this Lease contained on the part of User to be performed, the Security Deposit, or any then remaining balance thereof, shall be returned to Lessee not later than forty-five (45) calendar User, without interest, within 30 days after the delivery of possession expiration of the entire Leased Property Lease Use Period; and (e) that nothing herein shall be construed to Lessor in accordance limit the amount of damages recoverable by Owner or any other right or remedy of Owner 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: Facility Use Agreement
Security Deposit. The Lessee states that its Guarantor has executed To secure the Guaranty with faithful performance by Tenant of all the Lessorcovenants, conditions and agreements in this Lease 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 Lease which guarantees all become applicable upon the termination of the obligations the Lessee same by re-entry or otherwise, Tenant 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 deposited with Agent the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any of its obligations under as specified in Section 1(N) on the Lease, Lessor may apply 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 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 Agent 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 may be restored to its original amount; (b) should the Property be conveyed by Landlord or should Agent cease to be equal to 2 (two) months the agent of current Rent at all times during the Term beneficiaries of this Lease, provided that if Lessee complies with all the terms, covenants and conditions of this LeaseLandlord, the Security Deposit (or any balance thereof) shall portion thereof not previously applied may be returned to Lessee not later than forty-five (45) calendar days after turned over the delivery of possession of Landlord's grantee or 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 substitutenew agent, as the case may be, and if the Guaranty and/or same be turned over as aforesaid, Tenant hereby releases Landlord and Agent from any and all liability with respect to the Security Deposit and/or its application or return; (c) Landlord shall have no personal liability with respect to said sum and Tenant shall look exclusively to Agent or its successors for return of said sum when Tenant is entitled hereunder to such return; (d) Agent 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; (e) if Tenant shall faithfully fulfill, keep, perform and observe all of the covenants, conditions and agreements in accordance with this Lease set forth and contained on the foregoing part of Tenant to be fulfilled, kept, performed and within observed, the 30 sum deposited or the portion thereof not previously applied, shall be returned to Tenant without interest no later than thirty (thirty30) days following after the expiration of the Term of this Lease or any renewal or extension thereof, provided Tenant has vacated the Premises and surrendered possession thereof to Landlord at the expiration of said Term or any extension or renewal thereof as provided herein; (f) in the event that Landlord terminates the Lease or Tenant's right to possession pursuant to Section 28 of this Lease, Agent may apply the Security Deposit against damages suffered to the notification date of such termination and/or may retain the Security Deposit to apply against such damages as may be suffered or shall accrue thereafter by reason of Tenant's default; (g) in writing delivered the event any bankruptcy, insolvency, reorganization or other creditor-debtor proceedings shall be instituted by Lessor or against Tenant, or its successors or assigns, the Security Deposit shall be deemed to be applied first to the payment of any Rent or Additional Rent due Landlord for said purposeall periods prior to the institution of such proceedings, and the balance, if any, of the Security Deposit may be retained or paid to Landlord in partial liquidation of Landlord's damages.
Appears in 1 contract
Sources: Sublease (Quintus Corp)
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
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 Lessee states that its Guarantor has executed the Guaranty Simultaneously with the Lessor, which guarantees all of the obligations the Lessee has assumed in the terms execution and delivery of this Lease andsublease by Subtenant, upon signing this Agreement, Lessee shall deliver such Guaranty to Subtenant has deposited with Sublandlord $42,550.00 as security for the Lessor. Furthermore, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill any full and faithful performance by Subtenant of its obligations under this Sublease; it being expressly understood and agreed that Subtenant shall pay rent for the Lease, Lessor may apply last calendar month of the Security Deposit term hereof promptly on account the first day of such obligation or to reimburse Lessor for any sum that Lessor may expend due to Lessee's defaultmonth. If Lessor applies Subtenant shall fail to perform or observe, or shall breach or violate, any part of the Security Depositterms, Lesseecovenants, 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 conditions or agreements of this Lease, provided that including but not limited to the payment of Sublease Rent, Sublandlord may use, apply or retain the whole or any part of such deposit to the extent required for the payment of any such Sublease Rent or additional rent or any other sum as to which Subtenant is in default or for any sum which Sublandlord may expend or may be required to expend by reason of Tenant’s non-performance, non-observance, breach or violation of any of the terms, covenants, conditions or agreements of this Sublease, including but not limited to, any damages or deficiency in the re-letting of the Premises, whether such damages or deficiency accrues before or after summary proceedings or other re-entry by Sublandlord. Sublandlord shall not be required so to use, apply or retain the whole or any part of said deposit, but if Lessee complies the whole or any part thereof is so used, applied or retained, Subtenant shall upon demand immediately deposit with Landlord a sum equal to the amount so used, applied or retained. If Subtenant shall fully and faithfully comply with all the terms, covenants covenants, conditions and conditions agreements of this LeaseSublease, the Security Deposit (deposit or any balance thereof) thereof remaining shall be returned to Lessee not later than forty-five Subtenant after the date fixed as the end of this Lease or of any renewal or extension thereof within thirty (4530) calendar days after the delivery of entire possession of the entire Leased Property Premises to Lessor Sublandlord Sublandlord shall not be required to pay Subtenant any interest on said security deposit. In no event shall the security deposited hereunder be construed as liquidated damages or in accordance with the terms of any way limit Sublandlord’s right to recover damages or any sum due Sublandlord hereunder or permitted by law. If this Agreement. Additionally, during each year of the Term of this Agreement or at Lessor’s reasonable request in writingSublease shall be assigned, the Lessee security deposit shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding be deemed assigned to the preceding year. Provided that if Lessorassignee, based on such financial statements, reasonably and justifiably determines that due Sublandlord shall have no liability to return the same to the economic solvency of Lessee and/or the Guarantor its necessary assignor provided an assignment and assumption agreement is delivered 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 purposeTenant.
Appears in 1 contract
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
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. 3.1 The Lessee states that its Guarantor has executed paid an amount equivalent to 3 months’ Base Rent amounting to Rs. ********* (Rupees ************************************ only) as interest free refundable security deposit (“IFRSD”) by way of cashier’s order having no. ******* drawn on The Hongkong and Shanghai Banking Corporation Limited dated June 22, 2012 on Lease Commencement Date at the Guaranty with the Lessor, which guarantees all time of the obligations the Lessee has assumed in the terms signing of this Lease andDeed.
3.2 The IFRSD amount shall be refunded by the Lessor to the Lessee, simultaneous with Lessee handing over the vacant, physical and peaceful possession of the Demised Premises to the Lessor upon signing this Agreementexpiry or earlier termination of the Lease Deed with respect to the Demised Premises, after adjusting amounts, if any, that are due and payable under the Lease Deed and Maintenance Agreement by the Lessee shall deliver such Guaranty to the Lessor. FurthermoreFor this purpose. the Parties shall jointly inspect the Demised Premises 15 days For MERITON INFOTECH PVT. LTD Markit India Services Pvt. Ltd. [/s/ ▇▇▇▇ ▇▇▇▇▇▇▇] [/s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇] Authorised Signatory Director/Authorized Signatory [Stamp duty paid] prior to the expiry or earlier termination of this Lease Deed with a view to identifying any damage caused to the Demised Premises (reasonable wear and tear excepted) which has to be made good by the Lessee.
3.3 In the event that the Lessor fails to refund the IFRSD as mentioned above in clause 3.2, at the time the Lessee shall deposit has offered 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 vacant peaceful possession 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 AgreementDemised Premises, the Lessee shall immediately deposit be entitled to continue to occupy the Demised Premises till the time IFRSD is refunded without the payment of any Base Rent and Maintenance Charges and other amounts as set out directly or by reference herein, and shall be entitled to charge the Lessor interest on such outstanding amount of IFRSD@ 18% p.a. from the date on which 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 becomes due to the economic solvency of Lessee and/or date on which 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 same is paid to the notification in writing delivered by Lessor for said purposeLessee.
Appears in 1 contract
Sources: Lease Deed (Markit Ltd.)
Security Deposit. The Lessee states that its Guarantor has executed the Guaranty 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. Furthermoreexecution hereof, Lessee shall deposit the Security Deposit with Lessor upon signing a promissory note in the amount of TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) delivered to Lessor as security for the performance by Lessee of each and every term, covenant and condition of this AgreementLease on the part of Lessee to he observed and performed. If Lessee does not fulfill any of the rents and additional rents herein reserved shall be overdue and unpaid, then Lessor may, at its obligations under the Lease, option and without prejudice to any other remedy which Lessor may apply the Security Deposit have on account of thereof, make demand upon such obligation or security deposit in the amount necessary to reimburse compensate Lessor for the payment of the rents or other sums due from Lessee, or towards any sum that loss, damage or expense sustained by Lessor may expend due to Lessee's default. If Lessor applies any resulting from such default on the part of the Security Deposit, Lessee, immediately after notice from Lessor, shall deposit with Lessor the amount so applied so that ; and in such event Lessor shall have forthwith upon demand restore said security deposit to the full Security Deposit available at all times during original amount required hereunder. In the Term of this Lease. Likewise, in case of Rent increases in terms of this Agreement, the event 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, covenants and conditions of this the Lease, the Security Deposit (or any balance thereof) said security deposit shall be returned to Lessee not later than forty-five (45) calendar days after following the delivery of possession of the entire Leased Property to Lessor termination hereof in accordance with all provisions hereof. In the terms of this Agreement. Additionallyevent any bankruptcy, during each year of the Term of this Agreement insolvency, reorganization or at Lessor’s reasonable request in writingother creditor-debtor proceedings shall be instituted by or against Lessee, the Lessee or any guarantor hereunder, such security deposit shall deliver to Lessor copy of the audited financial statements of Lessee and/or the Guarantor corresponding be drawn upon as proceeds applied first to the preceding year. Provided that if Lessor, based on such financial statements, reasonably and justifiably determines that payment of any rent and/or other charges due Lessor for all periods prior to the economic solvency institution of such proceedings, and the balance, if any, may be retained by Lessor in partial liquidation of Lessor's damages. Lessor may deliver the security deposited 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 hereunder to the notification purchaser of Lessor's interest in writing delivered by the Demised Premises in the event that such interest is sold or transferred and thereupon Lessor for said purposeshall be discharged and released from all further liability with respect to such deposit or the return thereof to Lessee.
Appears in 1 contract
Security Deposit. The Lessee states that its Guarantor has executed Prior to the Guaranty beginning of the Lease Term, the Tenant shall deposit the sum of $One Thousand Seven Hundred Twenty Five and 00/100 Dollars ($1,725.00), ("Security Deposit") with the LessorLandlord, which guarantees is to be held by Managing Agent PPMI, as a security deposit to ensure full compliance by the Tenant of all provisions of this Lease, including but not limited to Tenant obligations with respect to damages caused by the Tenant, guests, and/or pets.
A. If the Tenant fails to comply with any provisions of this Lease, the Landlord may use, apply or retain all or any part of the obligations Security Deposit for the Lessee has assumed payment of the following: rent, additional rent, additional charges and administrative fees set forth in the Lease, damages or any amount the Landlord may expend by reason of noncompliance by the Tenant with the terms of this Lease andthe Lease, upon signing this Agreementincluding any damages or deficiency in the reletting of the Premises (including any real estate agent commission(s) and or broker's fee(s)), Lessee whether accruing before or after reentry by the Landlord and ▇▇▇▇▇▇▇▇'s reasonable attorney's fees incurred as a result of ▇▇▇▇▇▇'s breach.
B. Tenant shall deliver such Guaranty be liable to the LessorLandlord for any damage to the Premises beyond normal wear and tear resulting from the negligence or wrongful act of the Tenant or others on the Premises with ▇▇▇▇▇▇'s permission. FurthermoreThe parties agree that smoke damages and odor caused by ▇▇▇▇▇▇’s use of tobacco products and improper use of any fireplace on the Premises shall be considered damages beyond normal wear and tear resulting from the negligence or wrongful act of the Tenant or others on the Premises with ▇▇▇▇▇▇’s permission. The parties further agree that odors caused by ▇▇▇▇▇▇’s keeping of any pets, Lessee whether with the consent of Landlord or not, shall deposit be considered damages beyond normal wear and tear resulting from the Security Deposit negligence or wrongful act of the Tenant or others on the Premises with Lessor upon signing this Agreement. If Lessee does not fulfill any of its ▇▇▇▇▇▇’s permission.
C. After Tenant has faithfully performed all obligations under the Lease, Lessor may apply paid all rent and other charges, returned all keys and documents, provided Landlord in writing with a forwarding address, and surrendered the Premises in the same condition as at the beginning of the Lease Term, except for reasonable wear and tear, said Security Deposit shall be returned to Tenant within forty- five (45) days subject to the foregoing. In the event of more than one Tenant entering into this Lease, any refund of any portion of the Security Deposit due hereunder may be made by one check jointly payable to all Tenants named on account this Lease. A minimum of such obligation one hundred dollars ($100) may be withheld at time of vacation of the Premises for payment toward any unpaid utility bills unless written evidence of payment of final utility bills is presented to Landlord prior to the release of any security deposit herein. The parties expressly agree that Tenant shall be responsible for presenting to Landlord proof of payment of final water bill relating to the Premises.
D. It is expressly understood that ▇▇▇▇▇▇▇▇’s application of the Security Deposit or to reimburse Lessor for any sum that Lessor may expend due to Lessee's additional deposit shall not be Landlord’s sole remedy in the event of Tenant’s default. SHOULD THE COSTS OF REPAIRS, REPLACEMENTS, AND/OR LANDLORD’S OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO THOSE SET FORTH IN PARAGRAPH #38 HEREIN) EXCEED THE SECURITY AND ADDITIONAL DEPOSITS, TENANT SHALL PAY FOR SUCH EXCESS COSTS. NO PART OF THE SECURITY DEPOSIT SHALL BE APPLIED BY TENANT AS PAYMENT OF ANY PART OF THE RENT OR OTHER OBLIGATIONS DUE HEREUNDER. Tenant shall pay rent required each month as if no Security Deposit were ever made.
E. If Lessor applies during the Lease Term, including any extension, renewal or holdover, any part of the Security DepositDeposit and/or the additional deposit shall have been utilized by Landlord in accordance with the terms herein or applicable law; Tenant shall, Lesseeupon demand, immediately after notice from Lessor, shall deposit with Lessor Landlord a sum equal to the amount so applied by Landlord, so that Lessor Landlord shall have the full Security Deposit available and/or the additional deposit on hand at all times during the Term Lease Term. SAMPLE
F. In the event of a sale, transfer, or assignment, by Landlord of his interest in the Premises or this Lease. LikewiseLease Landlord shall notify Tenant of such sale, in case transfer or assignment, and Landlord and Managing Agent shall be released from all liability with respect to the Security Deposit and any additional deposits and Tenant shall look solely to the new landlord for the return of Rent increases in terms the security deposit/additional deposit.
G. In the event of this Agreementa change of management as provided for by paragraph #9, the Lessee Landlord and/or former managing agent shall immediately deposit to Lessor the amount that may be necessary in order for notify Tenant of such change and management, and PPMI shall transfer the Security Deposit to Landlord. PPMI shall be equal released from all liability with respect 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 and any balance thereof) additional deposits and Tenant shall be returned look solely to Lessee not later than forty-five (45) calendar days after Landlord for the delivery return 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 purposeany additional deposits.
Appears in 1 contract
Sources: Residential Lease Agreement
Security Deposit. The Lessee states that its Guarantor has executed Section 30.1 If, after the Guaranty date hereof, any entity shall, as described in Section 12.9(B) or 12.13(B) or elsewhere in Article 12 hereof, deposit with Landlord a sum of money as security for the Lessor, which guarantees all full and faithful performance and due observance by Tenant of the obligations the Lessee has assumed in the terms terms, covenants, agreements, provisions and conditions of this Lease and(the "Security Deposit"), upon signing it is agreed that if an Event of Default shall occur under 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 including, but not limited to, the payment of Fixed 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 DepositDeposit to the extent required for the payment of any Fixed Rent and Additional Rent or any other sum as to which Tenant is in default, Lesseehereunder, 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 sum which Landlord may expend or may be necessary required to expend by reason of such Event of Default, including, but not limited to, any damages or deficiency in order for the Security Deposit to be equal to 2 (two) months re-letting of current Rent at all times during the Term of this LeasePremises, provided whether such damages or deficiency accrued before or after summary proceedings or other re-entry by Landlord.
Section 30.2 In the event that if Lessee complies Tenant shall fully and faithfully comply with all of the terms, covenants provisions, covenants, agreements 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 such entity after the Expiration Date and after delivery of entire possession of the entire Leased Property Premises to Lessor Landlord in accordance with the terms manner and within the time period set forth in Article 1 of this Agreement. Additionally, during each year Lease.
Section 30.3 In the event of a sale of the Term of this Agreement Property and/or the Building, or at Lessor’s reasonable request in writing, the Lessee shall deliver to Lessor copy leasing of the audited financial statements of Lessee Property and/or the Guarantor corresponding to the preceding year. Provided that if LessorBuilding, 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 substituterespectively, as the case may be, Landlord shall have the Guaranty and/or right to transfer the then amount of the Security Deposit in accordance with the foregoing and within the 30 (thirty) days following to the notification vendee or lessee in writing delivered question, and Landlord shall thereupon be released by Lessor Tenant from all liability for said purposethe return of such Security Deposit. Tenant agrees to look solely to the new Landlord for the return of the Security Deposit; it being agreed and understood that the provisions hereof shall apply to every transfer or assignment made of the Security Deposit to a new Landlord hereunder.
Section 30.4 Tenant covenants that it will not assign or encumber or attempt to assign or encumber the Security Deposit, and that neither Landlord, nor its successors or assigns, shall be bound by any such assignment, encumbrance, attempted assignment or attempted encumbrance.
Appears in 1 contract
Security Deposit. 5.1 The Lessee states that its Guarantor has executed Tenant shall on the Guaranty signing hereof or on the commencement of the tenancy hereby granted (whichever shall be the earlier to happen) deposit and maintain with the Lessor, which guarantees all Landlord a deposit of the obligations the Lessee has assumed amount as set out in the terms Fourth Schedule hereto to secure the due observance and performance by the Tenant of the agreements, stipulations and conditions herein contained and on the Tenant’s part to be observed and performed. The said deposit shall be retained by the Landlord throughout the said term free of any interest to the Tenant and in the event of any breach or non-observance or non-performance by the Tenant of any of the said agreements, stipulations or conditions aforesaid, the Landlord shall be entitled to terminate this Agreement and to forfeit the said deposit by way of liquidated damages but without prejudice to the Landlord’s rights to claim against the Tenant all loss or damage suffered by the Landlord as a result of the Tenant’s breach or non-performance as aforesaid. Notwithstanding the foregoing, the Landlord may in any such event at his option elect not to terminate this Agreement and forfeit the deposit but to deduct from the deposit the amount of any monetary loss incurred by the Landlord in consequence of the breach, non-observance or non-performance by the Tenant of any of the said agreements, stipulations, obligations or conditions and in such event the Tenant shall as a condition precedent to the continuation of the tenancy deposit with the Landlord the amount so deducted so as to make up to the amount of the said deposit and, if the Tenant shall fail so to do, the Landlord shall be entitled to forthwith re-enter on the said premises and to determine this Agreement and forfeit the deposit as hereinbefore provided by way of liquidated damages (and not as penalty).
5.2 Subject as aforesaid, the said deposit shall be refunded to the Tenant by the Landlord without interest within 14 days after the expiration or sooner determination of this Lease and, upon signing this Agreement, Lessee shall deliver such Guaranty Agreement and the delivery of vacant possession of the Premises to the Lessor. FurthermoreLandlord or within 14 days of the settlement of the last outstanding claim by the Landlord against the Tenant in respect of any breach, Lessee shall deposit the Security Deposit with Lessor upon signing this Agreement. If Lessee does not fulfill non-observance or non-performance of any of its obligations under the Leaseagreements, Lessor may apply stipulations or conditions herein contained and on 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 Tenant to be equal to 2 (two) months of current Rent at all times during observed and performed, whichever is 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 purposelater.
Appears in 1 contract
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 It is agreed that its Guarantor Lessee, at the time of execution of this Lease, has executed the Guaranty deposited with the Lessor, which guarantees and will keep on deposit at all times during the term and any extended term of this Lease, the obligations sum of Thirteen Thousand Eight Hundred Sixty Three and 15/100 Dollars ($13,863.15) as security for the Lessee has assumed in the terms full and faithful performance of every provision 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 Agreementbe performed by Lessee. If Lessee does not fulfill defaults with respect to any provision of its obligations under the this Lease, including but not limited to the provisions relating to the payment of rent, Lessor may, without further notice to Lessee, use, apply or retain all or any part of this security deposit for the payment of any rent or any sum, in default, or for the payment of any other amount which Lessor may apply the Security Deposit on account spend or become obligated to spend by reasons of such obligation Lessee's default or to reimburse compensate Lessor for any sum that other loss or damage which Lessor may expend due to suffer by reason of Lessee's default. If Lessor applies any part portion of the Security Depositsaid deposit is so used or applied, Lessee, immediately Lessee shall within five (5) days after notice from Lessor, shall 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 applied so that Lessor shall have the full Security Deposit available at all times during the Term be a material breach of this Lease. LikewiseSaid deposit shall not be considered as liquidated damages and if claims of Lessor exceed said deposit, in case Lessee shall remain liable for the balance of Rent increases in terms such claims. The Lessor shall not be required to keep this 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 AgreementLease to be performed by it, 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) thereof shall be returned to Lessee not later than forty-five within sixty (4560) calendar days after (or, at Lessor's option, to the delivery last assignee of possession Lessee's interest hereunder) 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 or at Lessor’s reasonable request in writing, the Lessee shall deliver to Lessor copy Lease term and upon Lessee's vacation of the audited financial statements Premises and Lessee's performance of all provisions of the Lease. In the event of termination of Lessor's interest in this Lease, Lessor shall transfer said deposit to Lessor's successor in interest, whereupon, Lessee and/or agrees to release Lessor from liability for the Guarantor corresponding to return of such deposit or 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 purposeaccounting therefor.
Appears in 1 contract
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 Lessee’s obligations derived from this Agreementand Lessor shall not be bound by any such assignment, 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 attempt thereof.
Appears in 1 contract
Sources: Lease (Pharmaceutical Resources Inc)
Security Deposit. 23.01 The Lessee states that its Guarantor has executed Lessor herewith acknowledges the Guaranty with receipt of Three Hundred Thousand and 00/100 Dollars ($300,000.00), ($100,000 of which shall be in the form of an Irrevocable Standby Letter of Credit (payable upon demand) in form satisfactory to Lessor. Lessor shall retain same as security for the faithful performance of all of the covenants, conditions, and agreements of this Lease, but in no event shall the Lessor, which guarantees all prior to Lessor's declaration of default and the termination of this Lease, be obligated to apply the same upon rents or other charges in arrears or upon damages for the Lessee's failure to perform the said covenants, condition and agreements. The Lessor shall so apply the security upon Lessor's declaration of default and the termination of this Lease or upon any other termination of the obligations lease. The Lessor's right to the possession of the leased premises for nonpayment of rent or for any other reason shall not in any event be affected by reason of the fact that the Lessor holds such security. Provided Lessee has assumed is not then in default under any of the terms of this Lease andLease, and further provided that no portion of said security has been applied toward the payment of rent or other charges in arrears or toward the payment of damages suffered by Lessor by reason of the Lessee's breach of this Lease, then upon signing this Agreementthe expiration of the fifth (5th) year of the term hereof, Lessee shall deliver such Guaranty have the option, exercisable by written notice to Lessor, of requiring the release of $100,000 of said security (from the cash deposit), to be either refunded to Lessee or applied against Lessee's rental obligations hereunder, at Lessee's option. The balance of said security, if not applied toward the payment of rent or other charges in arrears or toward the payment of damages suffered by the Lessor by reason of the Lessee's breach of this Lease, shall be released and/or returned to the Lessor. FurthermoreLessee within thirty (30) days after the expiration of the term hereof, provided that Lessee shall deposit have vacated the Security Deposit with leased premises, delivered possession to the Lessor upon signing in the condition required under the terms of this Agreement. If Lessee does not fulfill any Lease, and shall have otherwise fully satisfied all of its obligations under this Lease. In the event that the Lessor repossesses itself of the leased premises because of the Lessee's default or because of the Lessee's failure to carry out the covenants, conditions and agreements of the Lease, the Lessor may shall apply the Security Deposit on account said security upon all damages suffered to the date of said repossession and may retain the balance of the said security to pay upon such obligation damages as may be suffered or to reimburse Lessor for any sum that Lessor may expend due to shall accrue thereafter by reason of the Lessee's defaultdefault or breach. If The Lessor applies any part shall not be obliged to keep the said security as separate fund, but may mix the said security with its own funds. On or before ninety (90) days prior to the expiration 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 initial term of this Lease. Likewise, in case of Rent increases in terms of this Agreement, Lease (provided Lessee has not extended the Lessee shall immediately deposit to Lessor term hereof) or 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 substituteextended term, as the case may be, if Lessor shall fail to show Lessee that the Guaranty and/or the Security Deposit unrestricted and unapplied cash portion of Lessee's security deposit is then available and shall thereafter remain available, then Lessee may apply same against rentals accruing thereafter, provided that Lessee shall not then be in accordance with the foregoing and within the 30 default under this Lease and, further provided, that Lessee shall give Lessor five (thirty5) days following written notice and opportunity to cure its failure hereunder before such application may be permitted. Lessee hereby agrees not to look to the notification mortgagee, as mortgagee, mortgagee in writing delivered possession, or successor in title to the land of which the leased premises are a part, for accountability for any security deposit required by Lessor hereunder, unless said deposit shall have actually been received by said mortgagee as security for said purposeLessee's performance under the terms of this Lease.
Appears in 1 contract
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