Landlord Lien. In addition to any statutory landlord's lien and in order to secure (a) payment of the Rent and all other sums payable to Landlord hereunder by Tenant, (b) payment of the amounts owed under the Working Capital Note, (c) payment of any loss, cost or damage that Landlord may suffer by reason of Tenant's breach of this Lease, and (d) the performance of all of Tenant's other obligations hereunder and under the Working Capital Note, Tenant and Landlord have, simultaneously with the execution of this Lease, entered into a Security Agreement (the "SECURITY AGREEMENT") whereby Tenant grants unto Landlord a security interest in, and an express contractual lien upon, (i) Tenant's Personal Property (other than Working Capital), and all proceeds therefrom (subject to any Permitted Liens), (ii) any Excess FF&E owned by Tenant, (iii) any Excess FF&E Leasehold Interest of Tenant, and (iv) any Working Capital of Tenant (collectively, together with any statutory lien rights, "LANDLORD LIENS"). Tenant's Personal Property shall not be removed from the Leased Property by Tenant at any time when a Default (with respect to any monetary obligation of Tenant to Landlord hereunder and under the Working Capital Note) or an Event of Default has occurred and is continuing except as otherwise permitted pursuant to Section 5.2. In addition, Tenant hereby grants unto Landlord a security interest in those contracts described in Section 5.3(d)(ii) hereof.
Appears in 2 contracts
Samples: Lease Agreement (Crestline Capital Corp), Lease Agreement (HMC Merger Corp)
Landlord Lien. In addition to any statutory landlord's lien and in order to secure (a) payment of the Rent and all other sums payable to Landlord hereunder by Tenant, (b) payment of the amounts owed under the Working Capital Note, (c) payment of any loss, cost or damage that Landlord may suffer by reason of Tenant's breach of this Lease, and (d) the performance of all of Tenant's other obligations hereunder and under the Working Capital Note, Tenant and Landlord haveLandlord, simultaneously with the execution of this the Original Lease, entered into a Security Agreement (the "SECURITY AGREEMENTSecurity Agreement") whereby Tenant grants granted unto Landlord a security interest in, and an express contractual lien upon, which grant Tenant hereby reaffirms, as to (i) Tenant's Personal Property (other than Working Capital), and all proceeds therefrom (subject to any Permitted Liens), (ii) any Excess FF&E owned by Tenant, (iii) any Excess FF&E Leasehold Interest of Tenant, and (iv) any Working Capital of Tenant (collectively, together with any statutory lien rights, "LANDLORD LIENSLandlord Liens"). Tenant's Personal Property shall not be removed from the Leased Property by Tenant at any time when a Default (with respect to any monetary obligation of Tenant to Landlord hereunder and under the Working Capital Note) or an Event of Default has occurred and is continuing except as otherwise permitted pursuant to Section 5.2. In addition, Tenant hereby grants granted unto Landlord at the time of the Original Lease and hereby reaffirms its grant of a security interest in those contracts described in Section 5.3(d)(ii) hereof.
Appears in 2 contracts
Samples: Lease Agreement (Host Marriott Corp/), Lease Agreement (Host Marriott L P)
Landlord Lien. In addition to any statutory landlord's lien and in order to secure (a) payment of the Rent and all other sums payable to Landlord hereunder by Tenant, (b) payment of the amounts owed under the Working Capital Note, (c) payment of any loss, cost or damage that Landlord may suffer by reason of Tenant's breach of this Lease, and (d) the performance of all of Tenant's other obligations hereunder and under the Working Capital Note, Tenant and Landlord have, simultaneously with the execution of this Lease, entered into a Security Agreement (the "SECURITY AGREEMENTSecurity Agreement") whereby Tenant grants unto Landlord a security interest in, and an express contractual lien upon, (i) Tenant's Personal Property (other than Working Capital), and all proceeds therefrom (subject to any Permitted Liens), (ii) any Excess FF&E owned by Tenant, (iii) any Excess FF&E Leasehold Interest of Tenant, and (iv) any Working Capital of Tenant (collectively, together with any statutory lien rights, "LANDLORD LIENSLandlord Liens"). Tenant's Personal Property shall not be removed from the Leased Property by Tenant at any time when a Default (with respect to any monetary obligation of Tenant to Landlord hereunder and under the Working Capital Note) or an Event of Default has occurred and is continuing except as otherwise permitted pursuant to Section 5.2. In addition, Tenant hereby grants unto Landlord a security interest in those contracts described in Section 5.3(d)(ii) hereof. Upon Landlord's request, Tenant shall execute and deliver to Landlord financing statements in form sufficient to perfect the security interest of Landlord in (x) Tenant's Personal Property and the proceeds thereof, (y) the contracts described in Section 5.3(d)(ii) hereof, in accordance with the provisions of the applicable laws of the State, and (z) any and all Working Capital, Excess FF&E (subject to the Facility Mortgagee's first-priority Lien thereon) and Excess FF&E Leasehold Interests, in each case owned by Tenant from time to time during the Term of this Lease.
Appears in 1 contract
Samples: Lease Agreement (HMC Merger Corp)