Common use of Landlord’s Lien/Security Interest Clause in Contracts

Landlord’s Lien/Security Interest. Lessee agrees that Lessor shall have a landlord's lien, and additionally hereby separately grants to Lessor a first and prior security interest, in, on and against all Personalty and Security Deposit Letter of Credit and any FCCR Letter of Credit, which lien and security interest shall secure the payment of all rental and other charges payable by Lessee to Lessor under the terms hereof and all other obligations of Lessee to Lessor under this Lease. Lessee further agrees to execute and deliver to Lessor from time to time such financing statements and other documents as Lessor may then deem appropriate or necessary to perfect and maintain said lien and security interest, and expressly acknowledges and agrees that, in addition to any and all other rights and remedies of Lessor whether hereunder or at law or in equity, in the event of any default of Lessee hereunder, Lessor shall have any and all rights and remedies granted a secured party under the Uniform Commercial Code then in effect in the states in which the Properties are located. If Lessee shall fail for any reason to execute any such financing statement or document within 15 days after Lessor's request therefor, Lessor shall have the right to execute the same as attorney-in-fact of Lessee, coupled with an interest, for, and on behalf, and in the name of Lessee. Lessee covenants to promptly notify Lessor of any changes in Lessee's name and/or organizational structure which may necessitate the execution and filing of additional financing statements (provided, however, the foregoing shall not be construed as Lessor's consent to such changes).

Landlord’s Lien/Security Interest. Lessee agrees that Lessor shall have a landlord's lien, and additionally hereby separately grants to Lessor a first and prior security interest, in, on and against Lessee's right, title and interest in and to all Personalty trade fixtures, machinery, appliances, furniture, equipment and Security Deposit Letter of Credit and any FCCR Letter of Creditother personal property from time to time situated on or used in connection with the Premises (the "Personalty"), which lien and security interest shall secure the payment of all rental and other charges payable by Lessee to Lessor under the terms hereof and all other obligations of Lessee to Lessor under this Lease; provided, however, that such lien and security interest shall be subject and subordinate to any lien or security interest held by Lendor with respect to such Personalty. Lessee further agrees to execute and deliver to Lessor from time to time such financing statements and other documents as Lessor may then deem appropriate or necessary to perfect and maintain said lien and security interest, and expressly acknowledges and agrees that, in addition to any and cumulative of all other rights of Lessor hereunder, Lessor shall have all rights and remedies of Lessor whether hereunder or at law or in equity, equity in the event of any default Event of Default of Lessee hereunder, Lessor shall have any and all rights and remedies granted a secured party under including, to the extent applicable, the Uniform Commercial Code then in effect in the states State in which the Properties are Premises is located. If Lessee shall fail for any reason to execute any such financing statement or document within 15 10 days after Lessor's request therefor, Lessor shall have the right to execute the same as attorney-in-fact of Lessee, coupled with an interest, for, and on behalf, and in the name of Lessee. Lessee covenants to promptly notify Lessor of any changes in Lessee's name and/or organizational structure which may necessitate the execution and filing of additional financing statements (provided, however, the foregoing shall not be construed as Lessor's consent to such changes).to

Landlord’s Lien/Security Interest. Lessee agrees that Lessor shall have a landlord's ’s lien, and additionally hereby separately grants to Lessor a first and prior security interest, in, on and against all Personalty personal property, appliances, furniture and Security Deposit Letter equipment of Credit and any FCCR Letter of CreditLessee from time to time situated on or used in connection with the Property (the “Personalty”), which lien and security interest shall secure the payment of all rental Rental and other charges Monetary Obligations payable by Lessee to Lessor under the terms hereof and all other obligations of Lessee to Lessor under this Lease; provided, however, that such lien and security interest shall be subject and subordinate to any lien or security interest held by any mortgagee with respect to such Personalty, and the term Personalty shall not include inventory. Lessee further agrees to execute and deliver to that Lessor from time to time may file such financing statements and other documents as Lessor may then deem deems appropriate or necessary to perfect and maintain said lien and security interest, and expressly acknowledges and agrees that, in addition to any and all other rights and remedies of Lessor whether hereunder or at law or in equity, in the event of any default of Lessee hereunder, Lessor shall have any and all rights and remedies granted a secured party under the Uniform Commercial Code then in effect in the states in which where the Properties Property are located. If Lessee shall fail for any reason to execute any such financing statement or document within 15 days after Lessor's request therefor, Lessor shall have the right to execute the same as attorney-in-fact of Lessee, coupled with an interest, for, and on behalf, and in the name of Lessee. Lessee covenants to promptly notify Lessor of any changes in Lessee's ’s name and/or organizational structure which may necessitate the execution and filing of additional financing statements (statements; provided, however, the foregoing shall not be construed as Lessor's ’s consent to such changes). Notwithstanding anything to the contrary, Lessor subordinates its Landlord’s lien to any financing obtained by Lessee in connection with the operation of Lessee’s business on the Property and agrees to promptly execute such documents as may be requested from such third-party lender or vendor to evidence such subordination.

Landlord’s Lien/Security Interest. Lessee agrees that Lessor shall have a landlord's lien, and additionally hereby separately grants to Lessor a first and prior security interest, in, on and against all Personalty and Security Deposit Letter of Credit and any FCCR Letter of CreditPersonalty, which lien and security interest shall secure the payment of all rental and other charges payable by Lessee to Lessor under the terms hereof and all other obligations of Lessee to Lessor under this Lease. Lessee further agrees to execute and deliver to Lessor from time to time such financing statements and other documents as Lessor may then deem appropriate or necessary to perfect and maintain said lien and security interest, and expressly acknowledges and agrees that, in addition to any and all other rights and remedies of Lessor whether hereunder or at law or in equity, in the event of any default of Lessee hereunder, Lessor shall have any and all rights and remedies granted a secured party under the Uniform Commercial Code then in effect in the states in which the Properties are located. If Lessee shall fail for any reason to execute any such financing statement or document within 15 10 days after Lessor's request therefor, Lessor shall have the right to execute the same as attorney-in-fact of Lessee, coupled with an interest, for, and on behalf, and in the name of Lessee. Lessee covenants to promptly notify Lessor of any changes in Lessee's name and/or organizational structure which may necessitate the execution and filing of additional financing statements (provided, however, the foregoing shall not be construed as Lessor's consent to such changes).

Landlord’s Lien/Security Interest. Lessee agrees that Lessor shall have a landlord's ’s lien, and additionally hereby separately grants to Lessor a first and prior security interest, in, on and against all Personalty and Security Deposit Letter of Credit and any FCCR Letter of CreditPersonal Property, which lien and security interest shall secure the payment of all rental and other charges payable by Lessee to Lessor under the terms hereof and all other obligations of Lessee to Lessor under this LeaseLease and which lien shall be subordinate to the lien of Lender. Lessee further agrees shall maintain title to execute the Personal Property, free and clear of all liens, encumbrances, charges and security interests of any nature whatsoever, except for liens pursuant to the loan from Lender. Lessee authorizes Lessor to file financing statements with respect to the Personal Property, continuation statements with respect thereto, and any amendments to such financing statements which may be necessitated by reason of any of the changes described in the last sentence of this Section. Furthermore, at any time, and from time to time, Lessee shall, promptly and in no event later than 15 days after a request from Lessor, execute, acknowledge and deliver to Lessor from time to time such financing statements and other documents as Lessor may then deem appropriate or necessary to perfect and maintain said lien and security interest, and . Lessee expressly acknowledges and agrees that, in addition to any and all other rights and remedies of Lessor whether hereunder or at law or in equity, in the event of any default of Lessee hereunder, Lessor shall have any and all rights and remedies granted a secured party under the Uniform Commercial Code then in effect in the states state of Arizona (the “UCC”). Lessee represents that its exact legal name and state of incorporation is as set forth in which the Properties are locatedfirst paragraph of this Lease. If Lessee shall fail for preserve its current form of organization and shall not change its legal name, its state of formation, nor, in one transaction or a series of related transactions, merge with or into, or consolidate with, any reason other entity without providing, in each case, Lessor with 30 days’ prior written notice and obtaining Lessor’s prior written consent (to execute the extent such consent is required under Section 27 of this Lease). Lessee agrees that, notwithstanding any such provision in the UCC to the contrary, Lessee shall not file a termination statement of any financing statement or document within 15 days after Lessor's request therefor, filed by Lessor shall have in connection with any security interest granted under this Lease if Lessor reasonably objects to the right to execute the same as attorney-in-fact of Lessee, coupled with an interest, for, and on behalf, and in the name of Lessee. Lessee covenants to promptly notify Lessor of any changes in Lessee's name and/or organizational structure which may necessitate the execution and filing of additional financing statements (provided, however, the foregoing shall not be construed as Lessor's consent to such changes)termination statement.

Landlord’s Lien/Security Interest. Lessee agrees that Lessor shall have a landlord's lien, and additionally hereby separately grants to Lessor a first and prior security interest, in, on and against all Personalty and Security Deposit Letter of Credit and any FCCR Letter of CreditPersonalty, which lien and security interest shall secure the payment of all rental and other charges payable by Lessee to Lessor under the terms hereof and all other obligations of Lessee to Lessor under this Lease. Lessee further agrees to execute and deliver to Lessor from time to time such financing statements and other documents as Lessor may then deem reasonably appropriate or necessary to perfect and maintain said lien and security interest, and expressly acknowledges and agrees that, in addition to any and all other rights and remedies of Lessor whether hereunder or at law or in equity, in the event of any default of Lessee hereunder, Lessor shall have any and all rights and remedies granted a secured party under the Uniform Commercial Code then in effect in the states in which States during the Properties are locatedexistence of an Event of Default. If Lessee shall fail for any reason to execute any such financing statement or document within 15 days 10 Business Days after Lessor's request therefor, Lessor then such failure shall have the right to execute the same as attorney-in-fact be an Event of Lessee, coupled with an interest, for, and on behalf, and in the name of LesseeDefault. Lessee covenants to promptly notify Lessor of any changes in Lessee's name and/or organizational structure which may necessitate the execution and filing of additional financing statements (provided, however, the foregoing shall not be construed as Lessor's consent to such changes).

Landlord’s Lien/Security Interest. Lessee agrees that Lessor shall have a landlord's lien, and additionally hereby separately grants to Lessor a first and prior security interest, in, on and against all Personalty personal property, appliances, furniture and Security Deposit Letter equipment of Credit and any FCCR Letter of CreditLessee from time to time situated on or used in connection with the Premises, which lien and security interest shall secure the payment of all rental and other charges payable by Lessee to Lessor under the terms hereof and all other obligations of Lessee to Lessor under this Lease. Lessee further agrees to execute and deliver to Lessor from time to time such financing statements and other documents as Lessor may then deem appropriate or necessary to perfect and maintain said lien and security interest, and expressly acknowledges and agrees that, in addition to any and all other rights and remedies of Lessor whether hereunder or at law or in equity, in the event of any default of Lessee hereunder, Lessor shall have any and all rights and remedies granted a secured party under the Uniform Commercial Code then in effect in the states State in which the Properties are Premises is located. If Lessee shall fail for any reason to execute any such financing statement or document within 15 10 days after Lessor's request therefor, Lessor shall have the right to execute the same as attorney-in-fact of Lessee, coupled with an interest, for, and on behalf, and in the name of Lessee. Lessee covenants to promptly notify Lessor of any changes in Lessee's name and/or organizational structure which may necessitate the execution and filing of additional financing statements (provided, however, the foregoing shall not be construed as Lessor's consent to such changes). Notwithstanding the foregoing, Lessor agrees that upon Lessee's request, Lessor will without charge subordinate its landlord's lien and security interest in any personal property owned by Lessee to the purchase money security interest of any unaffiliated lender.

Landlord’s Lien/Security Interest. Lessee agrees that Lessor shall have a landlord's lien, and additionally hereby separately grants to Lessor a first and prior security interest, in, on and against all Personalty and Security Deposit Letter of Credit and any FCCR Letter of CreditPersonal Property, which lien and security interest shall secure the payment of all rental and other charges payable by Lessee to Lessor under the terms hereof and all other obligations of Lessee to Lessor under this Lease. Lessee further agrees authorizes Lessor to execute file financing statements with respect to the Personal Property, continuation statements with respect thereto, and any amendments to such financing statements which may be necessitated by reason of any of the changes described in the last sentence of this Section. Furthermore, at any time, and from time to time, Lessee shall, promptly and in no event later than fifteen (15) days after a request from Lessor, execute, acknowledge and deliver to Lessor from time to time such financing statements and other documents as Lessor may then deem appropriate or necessary to perfect and maintain said lien and security interest, and . Lessee expressly acknowledges and agrees that, in addition to any and all other rights and remedies of Lessor whether hereunder or at law or in equity, in the event of any default of Lessee hereunder, Lessor shall have any and all rights and remedies granted a secured party under the Uniform Commercial Code then in effect in the states state of Arizona (the "UCC"). Lessee represents that its exact legal name and state of incorporation is as set forth in which the Properties are locatedfirst paragraph of this Lease. If Lessee shall fail for preserve its current form of organization and shall not change its legal name, its state of formation, nor, in one transaction or a series of related SCS Finance I, L.P. transactions, merge with or into, or consolidate with, any reason other entity without providing, in each case, Lessor with thirty (30) days' prior written notice and obtaining Lessor's prior written consent (to execute the extent such consent is required under Section 27 of this Lease). Lessee agrees that, notwithstanding any such provision in the UCC to the contrary, Lessee shall not file a termination statement of any financing statement or document within 15 days after Lessor's request therefor, filed by Lessor shall have in connection with any security interest granted under this Lease if Lessor reasonably objects to the right to execute the same as attorney-in-fact of Lessee, coupled with an interest, for, and on behalf, and in the name of Lessee. Lessee covenants to promptly notify Lessor of any changes in Lessee's name and/or organizational structure which may necessitate the execution and filing of additional financing statements (provided, however, the foregoing shall not be construed as Lessor's consent to such changes)termination statement.