LANDLORD'S LIEN. In addition to any statutory landlord’s lien and in order to secure payment of the Rent and all other sums payable hereunder by Tenant, and to secure payment of any loss, cost or damage which Landlord may suffer by reason of Tenant’s breach of this Agreement, Tenant hereby grants unto Landlord, to the maximum extent permitted by Applicable Law, a security interest in and an express contractual lien upon Tenant’s Personal Property (except motor vehicles), and Tenant’s interest in all ledger sheets, files, records, documents and instruments (including, without limitation, computer programs, tapes and related electronic data processing) relating to the operation of the Facilities (the “Records”) and all proceeds therefrom, subject to any Permitted Encumbrances; and such Tenant’s Personal Property shall not be removed from the Leased Property at any time when an Event of Default has occurred and is continuing. Upon Landlord’s request, Tenant shall execute and deliver to Landlord financing statements in form sufficient to perfect the security interest of Landlord in Tenant’s Personal Property and the proceeds thereof in accordance with the provisions of the applicable laws of the State. During the continuance of an Event of Default, Tenant hereby grants Landlord an irrevocable limited power of attorney, coupled with an interest, to execute all such financing statements in Tenant’s name, place and stead. The security interest herein granted is in addition to any statutory lien for the Rent.
Appears in 11 contracts
Samples: Lease Agreement (Five Star Quality Care Inc), Master Lease Agreement (Senior Housing Properties Trust), Master Lease Agreement (Senior Housing Properties Trust)
LANDLORD'S LIEN. In addition to any statutory landlord’s 's lien and in order to secure payment of the Rent and all other sums payable hereunder by Tenant, and to secure payment of any loss, cost or damage which Landlord may suffer by reason of Tenant’s 's breach of this Agreement, Tenant hereby grants unto Landlord, to the maximum extent permitted by Applicable Law, a security interest in and an express contractual lien upon Tenant’s 's Personal Property (except motor vehiclesvehicles and liquor licenses and permits), and Tenant’s 's interest in all ledger sheets, files, records, documents and instruments (including, without limitation, computer programs, tapes and related electronic data processing) relating to the operation of the Facilities Hotels (the “"Records”") and all proceeds therefrom, subject to any Permitted Encumbrances; and such Tenant’s 's Personal Property shall not be removed from the Leased Property at any time when an Event of Default has occurred and is continuing. Upon Landlord’s 's request, Tenant shall execute and deliver to Landlord financing statements in form sufficient to perfect the security interest of Landlord in Tenant’s 's Personal Property and the proceeds thereof in accordance with the provisions of the applicable laws of the State. During the continuance of an Event of Default, Tenant hereby grants Landlord an irrevocable limited power of attorney, coupled with an interest, to execute all such financing statements in Tenant’s 's name, place and stead. The security interest herein granted is in addition to any statutory lien for the Rent.
Appears in 5 contracts
Samples: Lease Agreement (Hospitality Properties Trust), Lease Agreement (Candlewood Hotel Co Inc), Lease Agreement (Sholodge Inc)
LANDLORD'S LIEN. In addition to any statutory landlord’s 's lien and in order to secure payment of the Rent and all other sums payable hereunder by Tenant, and to secure payment of any loss, cost or damage which Landlord may suffer by reason of Tenant’s 's breach of this Agreement, Tenant hereby grants unto Landlord, to the maximum extent permitted by Applicable Law, a security interest in and an express contractual lien upon Tenant’s 's Personal Property (except motor vehicles), and Tenant’s 's interest in all ledger sheets, files, records, documents and instruments (including, without limitation, computer programs, tapes and related electronic data processing) relating to the operation of the Facilities (the “Records”"RECORDS") and all proceeds therefrom, subject to any Permitted Encumbrances; and such Tenant’s 's Personal Property shall not be removed from the Leased Property at any time when an Event of Default has occurred and is continuing. Upon Landlord’s 's request, Tenant shall execute and deliver to Landlord financing statements in form sufficient to perfect the security interest of Landlord in Tenant’s 's Personal Property and the proceeds thereof in accordance with the provisions of the applicable laws of the State. During the continuance of an Event of Default, Tenant hereby grants Landlord an irrevocable limited power of attorney, coupled with an interest, to execute all such financing statements in Tenant’s 's name, place and stead. The security interest herein granted is in addition to any statutory lien for the Rent.
Appears in 3 contracts
Samples: Lease Agreement (Five Star Quality Care Inc), Master Lease Agreement (Five Star Quality Care Inc), Master Lease Agreement (Five Star Quality Care Inc)
LANDLORD'S LIEN. In addition to any statutory landlord’s 's lien and in order to secure payment of the Rent and all other sums payable hereunder by Tenant, and to secure payment of any loss, cost or damage which Landlord may suffer by reason of Tenant’s 's breach of this Agreement, Tenant hereby grants unto Landlord, to the maximum extent permitted by Applicable Law, a security interest in and an express contractual lien upon Tenant’s 's Personal Property (except motor vehicles), and Tenant’s 's interest in all ledger sheets, files, records, documents and instruments (including, without limitation, computer programs, tapes and related electronic data processing) relating to the operation of the Facilities (the “"Records”") and all proceeds therefrom, subject to any Permitted Encumbrances; and such Tenant’s 's Personal Property shall not be removed from the Leased Property at any time when an Event of Default has occurred and is continuing. Upon Landlord’s 's request, Tenant shall execute and deliver to Landlord financing statements in form sufficient to perfect the security interest of Landlord in Tenant’s 's Personal Property and the proceeds thereof in accordance with the provisions of the applicable laws of the State. During the continuance of an Event of Default, Tenant hereby grants Landlord an irrevocable limited power of attorney, coupled with an interest, to execute all such financing statements in Tenant’s 's name, place and stead. The security interest herein granted is in addition to any statutory lien for the Rent.
Appears in 3 contracts
Samples: Master Lease Agreement (Senior Housing Properties Trust), Master Lease Agreement (Senior Housing Properties Trust), Lease Agreement (Five Star Quality Care Inc)
LANDLORD'S LIEN. In addition to any statutory landlord’s 's lien and in order to secure payment of the Rent and all other sums payable hereunder by Tenant, and to secure payment of any loss, cost or damage which Landlord may suffer by reason of Tenant’s 's breach of this Agreement, Tenant hereby grants unto Landlord, to the maximum extent permitted by Applicable Law, a security interest in and an express contractual lien upon Tenant’s 's Personal Property (except motor vehiclesvehicles and liquor licenses and permits), and Tenant’s 's interest in all ledger sheets, files, records, documents and instruments (including, without limitation, computer programs, tapes and related electronic data processing) relating to the operation of the Facilities Hotels (the “"Records”") and all proceeds therefrom, subject to any Permitted Encumbrances; and such Tenant’s 's Personal Property shall not be removed from the Leased Property at any time when an Event of Default has occurred and is continuing. Upon Landlord’s 's request, Tenant shall execute and deliver to Landlord any financing statements in form sufficient necessary to perfect the security interest of Landlord in Tenant’s 's Personal Property and the proceeds thereof in accordance with the provisions of the applicable laws of the State. During the continuance of an Event of Default, Tenant hereby grants Landlord an irrevocable limited power of attorney, coupled with an interest, to execute all such financing statements in Tenant’s 's name, place and stead. The security interest herein granted is in addition to any statutory lien for the Rent.
Appears in 2 contracts
Samples: Lease Agreement (Hospitality Properties Trust), Lease Agreement (Candlewood Hotel Co Inc)
LANDLORD'S LIEN. In addition to any statutory landlord’s 's lien and in order to secure payment of the Rent and all other sums payable hereunder by Tenant, and to secure payment of any loss, cost or damage which Landlord may suffer by reason of Tenant’s 's breach of this Agreement, Tenant hereby grants unto Landlord, to the maximum extent permitted by Applicable Law, a security interest in and an express contractual lien upon Tenant’s 's Personal Property (except motor vehicles), and Tenant’s 's interest in all ledger sheets, files, records, documents and instruments (including, without limitation, computer programs, tapes and related electronic data processing) relating to the operation of the Facilities (the “Records”"RECORDS") and all proceeds therefrom, subject to any Permitted Encumbrances; and such Tenant’s 's Personal Property shall not be removed from the Leased Property at any time when an Event of Default has occurred and is continuing. Upon Landlord’s 's request, Tenant shall execute and deliver to Landlord financing statements in form sufficient to perfect the security interest of Landlord in Tenant’s 's Personal Property and the proceeds thereof in accordance with the provisions of the applicable laws of the State. During the continuance of an Event of Default, Tenant hereby grants Landlord an irrevocable limited power of attorney, coupled with an interest, to execute all such financing statements in Tenant’s 's name, place and stead. The security interest herein granted is in addition to any statutory lien for the RentRent and shall be subordinate to the lien of any Facility Mortgage, including any lien imposed in connection with the GMAC Financing Documents.
Appears in 2 contracts
Samples: Lease Agreement (Five Star Quality Care Inc), Lease Agreement (Five Star Quality Care Inc)
LANDLORD'S LIEN. In addition to any statutory landlord’s lien and in order to secure payment of the Rent and all other sums payable hereunder by Tenant, and to secure payment of any loss, cost or damage which Landlord may suffer by reason of Tenant’s breach of this Agreement, Tenant hereby grants unto Landlord, to the maximum extent permitted by Applicable Law, a security interest in and an express contractual lien upon Tenant’s Personal Property (except motor vehicles), and Tenant’s interest in all ledger sheets, files, records, documents and instruments (including, without limitation, computer programs, tapes and related electronic data processing) relating to the operation of the Facilities (the “Records”) and all proceeds therefrom, subject to any Permitted Encumbrances; and such Tenant’s Personal Property shall not be removed from the Leased Property at any time when an Event of Default has occurred and is continuing. Upon Landlord’s request, Tenant shall execute and deliver to Landlord financing statements in form sufficient to perfect the security interest of Landlord in Tenant’s Personal Property and the proceeds thereof in accordance with the provisions of the applicable laws of the State. During the continuance of an Event of Default, Tenant hereby grants Landlord an irrevocable limited power of attorney, coupled with an interest, to execute all such financing statements in Tenant’s name, place and stead. The security interest herein granted is in addition to any statutory lien for the RentRent and shall be subordinate to the lien of any Facility Mortgage, including any lien imposed in connection with the GMAC Financing Documents.
Appears in 2 contracts
Samples: Lease Agreement (Senior Housing Properties Trust), Lease Agreement (Senior Housing Properties Trust)
LANDLORD'S LIEN. In addition to any statutory landlord’s 's lien and in order to secure payment of the Rent and all other sums payable hereunder by Tenant, and to secure payment of any loss, cost or damage which Landlord may suffer by reason of Tenant’s 's breach of this AgreementLease, Tenant hereby grants unto Landlord, to the maximum extent permitted by Applicable Law, Landlord a security interest in and an express contractual lien upon Tenant’s 's Personal Property (except motor vehiclesvehicles sold from time to time in the ordinary course of Tenant's operations), and Tenant’s interest in all ledger sheets, files, records, documents and instruments (including, without limitation, computer programs, tapes and related electronic data processing) relating to the operation of the Facilities Facility (collectively, the “"Records”") and all proceeds therefrom, subject to any Permitted Encumbrances; and such Tenant’s 's Personal Property shall not be removed from the Leased Property at any time when an without the Landlord's prior written consent, unless no Default or Event of Default has shall have occurred and is be continuing. Upon Landlord’s 's request, Tenant shall execute and deliver to Landlord security agreements and financing statements in form sufficient to perfect the security interest interests of Landlord in Tenant’s 's Personal Property and the proceeds thereof in accordance with the provisions of the applicable laws of the StateState and otherwise in form and substance reasonably satisfactory to Landlord. During the continuance of an Event of Default, Tenant hereby grants Landlord an irrevocable limited power of attorney, coupled with an interest, to execute all such financing statements in Tenant’s 's name, place and stead. The security interest herein granted is in addition to any statutory lien for the Rent. Landlord agrees, at Tenant's request, to execute such documents as Tenant may reasonably require to subordinate the lien granted pursuant to this Section 7.2 in Tenant's Personal Property (but not the Records) to the lien of any Person providing purchase money financing with respect thereto.
Appears in 2 contracts
Samples: Lease Agreement (Senior Housing Properties Trust), Lease Agreement (Senior Housing Properties Trust)
LANDLORD'S LIEN. In addition to any statutory landlord’s lien and in order to secure payment of the Rent and all other sums payable hereunder by Tenant, and to secure payment of any loss, cost or damage which Landlord may suffer by reason of Tenant’s breach of this Agreement, Tenant hereby grants unto Landlord, to the maximum extent permitted by Applicable Law, a security interest in and an express contractual lien upon Tenant’s Personal Property (except motor vehicles), and Tenant’s interest in all ledger sheets, files, records, documents and instruments (including, without limitation, computer programs, tapes and related electronic data processing) relating to the operation of the Facilities (the “Records”) and all proceeds therefrom, subject to any Permitted Encumbrances; and such Tenant’s Personal Property shall not be removed from the Leased Property at any time when an Event of Default has occurred and is continuing. Upon Landlord’s request, Tenant shall execute and deliver to Landlord financing statements in form sufficient to perfect the security interest of Landlord in Tenant’s Personal Property and the proceeds thereof in accordance with the provisions of the applicable laws of the State. During the continuance of an Event of Default, Tenant hereby grants Landlord an irrevocable limited power of attorney, coupled with an interest, to execute all such financing statements in Tenant’s name, place and stead. The security interest herein granted is in addition to any statutory lien for the RentRent and shall be subordinate to any lien imposed by the FNM Financing Documents.
Appears in 2 contracts
Samples: Master Lease Agreement (Senior Housing Properties Trust), Master Lease Agreement (Five Star Quality Care Inc)
LANDLORD'S LIEN. In addition to any statutory landlord’s 's lien and in order to secure payment of the Rent and all other sums payable hereunder by Tenant, and to secure payment of any losslose, cost or damage which Landlord may suffer by reason of Tenant’s 's breach of this AgreementLease, Tenant hereby grants unto Landlord, to the maximum extent permitted by Applicable Law, Landlord a security interest in and an express contractual lien upon Tenant’s 's Personal Property (except motor vehiclesvehicles sold from time to time in the ordinary course of Tenant's operations), and Tenant’s interest in all ledger sheets, files, records, documents and instruments (including, without limitation, computer programs, tapes and related electronic data processing) relating to the operation of the Facilities Facility (collectively, the “"Records”") and all proceeds therefrom, subject to any Permitted Encumbrances; and such Tenant’s 's Personal Property shall not be removed from the Leased Property at any time when an without the Landlord's prior written consent, unless no Default or Event of Default has shall have occurred and is be continuing. Upon Landlord’s 's request, Tenant shall execute and deliver to Landlord security agreements and financing statements in form sufficient to perfect the security interest interests of Landlord in Tenant’s 's Personal Property and the proceeds thereof in accordance with the provisions of the applicable laws of the StateState and otherwise in form and substance reasonably satisfactory to Landlord. During the continuance of an Event of Default, Tenant hereby grants Landlord an irrevocable limited power of attorney, coupled with an interest, to execute all such financing statements in Tenant’s 's name, place and stead. The security interest herein granted is in addition to any statutory lien for the Rent. Landlord agrees, at Tenant's request, to execute such documents as Tenant may reasonably require to subordinate the lien granted pursuant to this Section 7.2 in Tenant's Personal Property (but not the Records) to the lien of any Person providing purchase money financing with respect thereto.
Appears in 2 contracts
Samples: Lease Agreement (Senior Housing Properties Trust), Settlement Agreement (Senior Housing Properties Trust)
LANDLORD'S LIEN. In addition to any statutory landlord’s 's lien and in --------------- order to secure payment of the Rent and all other sums payable hereunder by Tenant, and to secure payment of any loss, cost or damage which Landlord may suffer by reason of Tenant’s 's breach of this Agreement, Tenant hereby grants unto Landlord, to the maximum extent permitted by Applicable Law, Landlord a security interest in and an express contractual lien upon Tenant’s 's Personal Property (except motor vehiclesvehicles and liquor licenses and permits), and Tenant’s 's interest in all ledger sheets, files, records, documents and instruments (including, without limitation, computer programs, tapes and related electronic data processing) relating to the operation of the Facilities Hotels (the “"Records”") and all proceeds therefrom, subject to any Permitted Encumbrances; -------- and such Tenant’s 's Personal Property shall not be removed from the Leased Property at any time when a Default or an Event of Default has occurred and is continuing. Upon Landlord’s 's request, Tenant shall execute and deliver to Landlord financing statements in form sufficient to perfect the security interest of Landlord in Tenant’s 's Personal Property and the proceeds thereof in accordance with the provisions of the applicable laws of the State. During the continuance of an Event of Default, Tenant hereby grants Landlord an irrevocable limited power of attorney, coupled with an interest, to execute all such financing statements in Tenant’s 's name, place and stead. The security interest herein granted is in addition to any statutory lien for the Rent.
Appears in 1 contract
LANDLORD'S LIEN. In addition to any statutory landlord’s lien and in order to secure payment of the Rent and all other sums payable hereunder by Tenant, and to secure payment of any loss, cost or damage which Landlord may suffer by reason of Tenant’s breach of this Agreement, Tenant hereby grants unto Landlord, to the maximum extent permitted by Applicable Law, a security interest in and an express contractual lien upon Tenant’s Personal Property (except motor vehiclesvehicles and liquor and casino licenses and permits), and Tenant’s interest in all ledger sheets, files, records, documents and instruments (including, without limitation, computer programs, tapes and related electronic data processing) relating to the operation of the Facilities Hotel (the “RecordsRECORDS”) and all proceeds therefrom, subject to any Permitted Encumbrances; and such Tenant’s Personal Property shall not be removed from the Leased Property at any time when an Event of a Default has occurred and is continuing. Upon LandlordXxxx Xxxxxxxx’s request, Tenant shall execute and deliver to Landlord financing statements in form sufficient to perfect the security interest of Landlord in Tenant’s Personal Property and the proceeds thereof in accordance with the provisions of the applicable laws of the StateApplicable Law. During the continuance of an Event of a Default, Tenant hereby grants Landlord an irrevocable limited power of attorney, coupled with an interest, to execute all such financing statements in Tenant’s name, place and stead. The security interest herein granted is in addition to any statutory lien for the Rent.
Appears in 1 contract
LANDLORD'S LIEN. In addition to any statutory landlord’s 's lien and in order to secure payment of the Rent and all other sums payable hereunder by Tenant, and to secure payment of any loss, cost or damage which Landlord may suffer by reason of Tenant’s 's breach of this Agreement, Tenant hereby grants unto Landlord, to the maximum extent permitted by Applicable Law, a security interest in and an express contractual lien upon Tenant’s 's Personal Property (except motor vehicles), and Tenant’s 's interest in all ledger sheets, files, records, documents and instruments (including, without limitation, computer programs, tapes and related electronic data processingprocessing but specifically excluding the Excluded Assets) relating to the operation of the Facilities (the “Records”) and all proceeds therefrom, in each case subject to any Permitted EncumbrancesEncumbrances or Permitted Liens; and such Tenant’s 's Personal Property shall not be removed from the Leased Property at any time when an Event of Default has occurred and is continuing. Upon Landlord’s -00- Xxxx Xxxxxxxx'x request, Tenant shall execute and deliver to Landlord financing statements in a form sufficient to perfect the security interest of Landlord in that portion of Tenant’s 's Personal Property in which Landlord is entitled to a security interest and the proceeds thereof in accordance with the provisions of the applicable laws of the State. During the continuance of an Event of Default, Tenant hereby grants Landlord an irrevocable limited power of attorney, coupled with an interest, to execute all such financing statements in Tenant’s 's name, place and stead. The security interest herein granted is in addition to any statutory lien for the Rent.
Appears in 1 contract
LANDLORD'S LIEN. In addition to any statutory landlord’s 's lien and in order to secure payment of the Rent and all other sums payable hereunder by Tenant, and to secure payment of any loss, cost or damage which Landlord may suffer by reason of Tenant’s 's breach of this Agreement, Tenant hereby grants unto Landlord, to the maximum extent permitted by Applicable Law, a security interest in and an express contractual lien upon Tenant’s 's Personal Property (except motor vehiclesvehicles and liquor licenses and permits), and Tenant’s 's interest in all ledger sheets, files, records, documents and instruments (including, without limitation, computer programs, tapes and related electronic data processing) relating to the operation of the Facilities Hotels (the “Records”"RECORDS") and all proceeds therefrom, subject to any Permitted Encumbrances; and such Tenant’s 's Personal Property shall not be removed from the Leased Property at any time when an Event of Default has occurred and is continuing. Upon Landlord’s 's request, Tenant shall execute and deliver to Landlord financing statements in form sufficient to perfect the security interest of Landlord in Tenant’s 's Personal Property and the proceeds thereof in accordance with the provisions of the applicable laws of the State. During the continuance of an Event of Default, Tenant hereby grants Landlord an irrevocable limited power of attorney, coupled with an interest, to execute all such financing statements in Tenant’s 's name, place and stead. The security interest herein granted is in addition to any statutory lien for the Rent.
Appears in 1 contract
Samples: Lease Agreement (Sholodge Inc)
LANDLORD'S LIEN. In addition to any statutory landlord’s 's lien and in order to secure payment of the Rent and all other sums payable hereunder by Tenant, and to secure payment of any loss, cost or damage which Landlord may suffer by reason of Tenant’s 's breach of this Agreement, Tenant hereby grants unto Landlord, to the maximum extent permitted by Applicable Law, a security interest in and an express contractual lien upon Tenant’s 's Personal Property (except motor vehiclesvehicles and liquor and casino licenses and permits), and Tenant’s 's interest in all ledger sheets, files, records, documents and instruments (including, without limitation, computer programs, tapes and related electronic data processing) relating to the operation of the Facilities Hotel (the “"Records”") and all proceeds therefrom, subject to any Permitted Encumbrances; and such Tenant’s 's Personal Property shall not be removed from the Leased Property at any time when an Event of a Default has occurred and is continuing. Upon Landlord’s 's request, Tenant shall execute and deliver to Landlord financing statements in form sufficient to perfect the security interest of Landlord in Tenant’s 's Personal Property and the proceeds thereof in accordance with the provisions of the applicable laws of the StateApplicable Law. During the continuance of an Event of a Default, Tenant hereby grants Landlord an irrevocable limited power of attorney, coupled with an interest, to execute all such financing statements in Tenant’s 's name, place and stead. The security interest herein granted is in addition to any statutory lien for the Rent.
Appears in 1 contract
Samples: Stock Purchase Agreement (Hospitality Properties Trust)
LANDLORD'S LIEN. In addition to any statutory landlord’s 's lien and in order to secure payment of the Rent and all other sums payable hereunder by Tenant, and to secure payment of any loss, cost or damage which Landlord may suffer by reason of Tenant’s 's breach of this Agreement, Tenant hereby grants unto Landlord, to the maximum extent permitted by Applicable Law, a security interest in and an express contractual lien upon Tenant’s 's Personal Property (except motor vehiclesvehicles and liquor and casino licenses and permits), and Tenant’s 's interest in all ledger sheets, files, records, documents and instruments (including, without limitation, computer programs, tapes and related electronic data processing) relating to the operation of the Facilities Hotel (the “Records”"RECORDS") and all proceeds therefrom, subject to any Permitted Encumbrances; and such Tenant’s 's Personal Property shall not be removed from the Leased Property at any time when an Event of a Default has occurred and is continuing. Upon Landlord’s 's request, Tenant shall execute and deliver to Landlord financing statements in form sufficient to perfect the security interest of Landlord in Tenant’s 's Personal Property and the proceeds thereof in accordance with the provisions of the applicable laws of the StateApplicable Law. During the continuance of an Event of a Default, Tenant hereby grants Landlord an irrevocable limited power of attorney, coupled with an interest, to execute all such financing statements in Tenant’s 's name, place and stead. The security interest herein granted is in addition to any statutory lien for the Rent.
Appears in 1 contract
Samples: Stock Purchase Agreement (Hospitality Properties Trust)