Landlord Lien Waiver. Notwithstanding the provisions of Section 17.1, Landlord acknowledges that Tenant has granted or intends to grant to one or more lenders (collectively “Tenant’s Lender”), pursuant to certain agreements executed by Tenant, a security interest in all of Tenant’s personal property, machinery, equipment, furniture, furnishings and fixtures, together with any replacements or renewals thereof or additions thereto serving similar or related functions, located at or used in connection with the Property (collectively, the “Collateral”), and in connection therewith:
(a) None of the Collateral shall be or become deemed a part of or a fixture on the Property even if the Collateral is installed thereon or in some manner attached thereto;
(b) The Landlord hereby consents to such security interest of Tenant’s Lender and waives, as against Tenant’s Lender, and subordinates to the security interest of Tenant’s Lender, all claims, rights of distraint or levy, liens and other rights which Landlord now has or may hereafter acquire with respect to the Collateral under the terms of this Lease or under any other agreement entered into with Tenant or under the provisions of Applicable Laws;
(c) The Landlord agrees that Tenant’s Lender may exercise any remedies available to it with respect to the Collateral, including removal of the Collateral from the Property, as long as:
(i) Tenant’s Lender provides notice to the Landlord in writing in accordance with Section 18.7 of this Lease of any default by Tenant in its obligations to the Tenant’s Lender.
(ii) Tenant’s Lender reimburses Landlord for the cost of repair or physical injury, if any, to the Property arising in the course of removal of, such reimbursement not to include any diminution of value resulting from the absence of the Collateral removed; and,
(iii) Tenant’s Lender indemnifies the Landlord from all Claims associated with and/or in connection with exercise by Tenant’s Lender of its remedies respecting the Collateral.
(d) In the event that notice is provided to the Landlord as set out in Subsection(c)(i), at any time thereafter the Landlord agrees that Tenant’s Lender may at any time enter upon the Property and remove the Collateral, and that Tenant’s Lender may also take possession of the Collateral on the Property, and may remain on the Property in order to dismantle, prepare for disposition or removal, dispose of or otherwise deal with the Collateral. Tenant’s Lender shall pay to Landlord a use and occupancy fee equal ...
Landlord Lien Waiver. If Tenant shall lease or finance the acquisition of any specifically enumerated equipment/personal property not paid for in whole or in part by Landlord which Tenant is permitted under this Lease to remove at the expiration or earlier termination of this Lease, Landlord shall, upon written request from Tenant, enter into an agreement, utilizing Landlord’s standard form of lien waiver or another form acceptable to Landlord in its sole discretion, with Tenant and Tenant’s lender which agreement shall, among other things, govern the parties’ rights with respect to such specifically enumerated equipment/personal property.
Landlord Lien Waiver. If requested by Lender, Borrower will obtain from each of its landlords a waiver providing that Lender’s security interest in the Collateral will be senior to any lien in the Collateral which may be claimed by such landlords.
Landlord Lien Waiver. Landlord hereby acknowledges that Tenant may enter into a personal property lease agreement or financing for its business or equipment to be physically located at the leased premises. Provided Tenant is in not in Default, Landlord shall waive or subordinate its landlord’s lien in writing as reasonably requested by any bona fide third-party financing company or lender with respect to any personal property financed by Tenant to be located the Premises (“Subordinated Collateral”) by executing and delivering the lien waiver within fifteen (15) Business Days after written request by Tenant. Notwithstanding the foregoing, Landlord’s expressly reserves all lien rights set forth in Paragraph 20(d), above, with respect to any Subordinated Collateral which is released by any applicable financing company or lender.
Landlord Lien Waiver. Landlord shall execute and deliver to Tenant within ten (10) days after written request such evidence of Landlord's lien waiver as may reasonably be requested in connection with any acquisition or financing by Tenant of equipment, furniture, furnishings or trade fixtures.
Landlord Lien Waiver. Landlord hereby irrevocably waives any right, title or interest in or to Tenant’s furniture, fixtures, equipment and inventory (collectively, “Personal Property”) and Trade Fixtures that the Tenant may now or hereafter have at the Premises (and/or use in connection with Tenant’s business operations at the Premises) and agrees that the Personal Property and the Trade Fixtures are, and shall remain personal property, notwithstanding the manner in which it is installed or affixed to the Premises. Provided there is no ongoing Event of Default, at least twenty (20) business days prior written notice from Tenant, Landlord hereby agrees to deliver Landlord’s commercially reasonable form of consent and waiver of lien rights with respect to Tenant’s Personal Property and Trade Fixtures to Tenant’s lenders and to Tenant’s lessors of Personal Property and/or Trade Fixtures.
Landlord Lien Waiver. Landlord expressly waives any applicable common law or statutory lien and is estopped from placing any lien and security interest upon any and all goods, wares, equipment, fixtures, furniture, improvements and other personal property of Tenant which may hereafter be situated on the Premises, and all proceeds therefrom in an effort to secure payment of all rentals and other sums of money becoming due hereunder from Tenant, and to secure payment of any damages or loss which Landlord may suffer by reason of the breach by Tenant of any covenant, agreement or condition contained herein.
Landlord Lien Waiver. Landlord waives any lien which shall otherwise exist in Tenant’s equipment, inventory, trade fixtures, signs furniture, and other personal property located on the Premises (the “Tenant Personal Property”), and Landlord agrees to execute from time-to-time reasonable waivers in favor of Tenant’s lender providing financing for the Tenant Personal Property.
Landlord Lien Waiver. On or before July 13, 2001, Borrower shall deliver to Bank a Landlord's Lien Waiver, Consent ad Estoppel Agreement in the form attached hereto as Exhibit E, duly executed by MedJax Associates, Ltd.
Landlord Lien Waiver. Use commercially reasonable efforts to obtain landlord waivers in form and substance reasonably satisfactory to the Bank on each real property leased by any Loan Party if such leased real property is a Loan Party’s headquarters location.
