LANDLORD'S LIEN. All property on the Premises is hereby subjected to a contractual landlord's lien, unless specifically waived by the Board, to secure payment of delinquent rent and other sums due and unpaid under this Lease, any and all exemption laws being hereby expressly waived in favor of such landlord's lien; and it is agreed that such landlord's lien shall not be construed as a waiver of any statutory or other lien given or which may be given to the Board but shall be in addition thereto. It is agreed by Concessionaire that in the event of default by Concessionaire hereunder the Board shall have the right, upon 30 days prior written notice, to sell Concessionaire's property found on the Premises at a public or private sale with proceeds of the sale applied first to the cost of the sale, then to the cost of storage of the property, if any, and then to the indebtedness of Concessionaire, with the surplus, if any, to be mailed to Concessionaire at the address herein designated. Concessionaire further agrees to hold harmless from and indemnify the Airport Board and the Cities of Dallas and Fort Worth including but not limited to: the Board's directors, officers, agents, employees, and the Cities' council-members, officers, agents and employees against any loss or damage or claim arising out of the action of the Board in pursuance of this paragraph, except for any loss, damage, or claim caused by the negligence or willful misconduct of the Board or its employees, acting within the course and scope of employment. The contractual lien granted hereunder is a security interest pursuant to the Texas Business and Commerce Code, and the Board shall have all rights and remedies of a secured party thereunder.
Appears in 5 contracts
Samples: Concession Lease Agreement, Concessions Lease, Concession Lease Agreement
LANDLORD'S LIEN. All property on the Premises is hereby subjected to a contractual landlord's lien, unless specifically waived by the Board, to secure payment of delinquent rent and other sums due and unpaid under this Lease, any and all exemption laws being hereby expressly waived in favor of such landlord's lien; and it is agreed that such landlord's lien shall not be construed as a waiver of any statutory or other lien given or which may be given to the Board but shall be in addition thereto. It is agreed by Concessionaire that in the event of default by Concessionaire hereunder the Board shall have the right, upon 30 days prior written notice, to sell Concessionaire's property found on the Premises at a public or private sale with proceeds of the sale applied first to the cost of the sale, then to the cost of storage of the property, if any, and then to the indebtedness of Concessionaire, with the surplus, if any, to be mailed to Concessionaire at the address herein designated. Concessionaire further agrees to hold harmless from and indemnify the Airport Board and the Cities of Dallas and Fort Worth including but not limited to: the Board's directors, officers, agents, employees, and the Cities' council-council- members, officers, agents and employees against any loss or damage or claim arising out of the action of the Board in pursuance of this paragraph, except for any loss, damage, or claim caused by the negligence or willful misconduct of the Board or its employees, acting within the course and scope of employment. The contractual lien granted hereunder is a security interest pursuant to the Texas Business and Commerce Code, and the Board shall have all rights and remedies of a secured party thereunder.
Appears in 5 contracts
Samples: Concession Lease Agreement, Concession Lease Agreement, Concession Lease Agreement
LANDLORD'S LIEN. All property on the Premises is hereby subjected In addition to a contractual landlord's any applicable common law or statutory lien, unless specifically none of which are to be deemed waived by the BoardLandlord, Landlord shall have, at all times, and Tenant hereby grants to Landlord, a valid lien and security interest to secure payment of delinquent rent all rentals and other sums of money becoming due hereunder from Tenant, and unpaid under this Leaseto 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, upon 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, and such property shall not be removed therefrom without the consent of Landlord until all arrearage in Rent as well as any and all exemption laws being hereby expressly waived in favor other sums of such landlord's lien; money then due to Landlord hereunder shall first have been paid and it is agreed that such landlord's discharged and all the covenants, agreements and conditions hereof have been fully complied with and performed by Tenant. Landlord covenants and agrees to subordinate the lien shall not be construed as granted hereunder to any commercial lender which Tenant grants a waiver security interest. Upon the occurrence of any statutory or other lien given or which may be given an Event of Default by Tenant, but subject to the Board but shall be in addition thereto. It is agreed by Concessionaire that in the event of default by Concessionaire hereunder the Board shall have the right, upon 30 days prior written notice, to sell Concessionaire's property found on the Premises at a public or private sale with proceeds of the sale applied first to the cost of the sale, then to the cost of storage of the propertyTenant’s lender rights, if any, after the expiration of all stated notice and then cure periods, Landlord may, in addition to any other remedies provided herein, peaceably enter upon the Premises and take possession of any and all goods, wares, equipment, fixtures, furniture, improvements and other personal property of Tenant situated on the Premises, 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 Tenant reasonable notice of time and place of any public sale or of the time after which any private sale is to be made, at which sale Landlord 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 Tenant reasonable notice, the requirement of reasonable notice shall be met if such notice is given in the manner prescribed in Article 28 of this Lease at least five (5) days before the time of sale. The proceeds from any such disposition, less all expenses connected with the taking of possession, holding and selling of the property (including reasonable attorney’s fees and other expenses), shall be applied as a credit against the indebtedness secured by the security interest granted in this Article 23. Any surplus shall be paid to Tenant or as otherwise required by law; and Tenant shall pay any deficiencies forthwith. Upon request by Xxxxxxxx, Xxxxxx agrees to execute and deliver to Landlord a financing statement in form sufficient to perfect the security interest of Landlord in the aforementioned property and proceeds thereof under the provisions of the Uniform Commercial Code in force in the Commonwealth of Pennsylvania. Notwithstanding the foregoing, the parties acknowledge and agree that Xxxxxx’s lender may have superior rights to the indebtedness property noted herein. After notice by Xxxxxxxx in accordance with Article 28 hereof, Tenant shall use its best efforts to obtain, within forty-five (45) days of Concessionairesuch notice, with a waiver of all such rights from its lender in this regard, and, failing to obtain such waiver, that Tenant shall use its best efforts to obtain from such lender, the surplusright to grant a subordinated lien to Landlord in such goods, if any, to be mailed to Concessionaire at the address herein designated. Concessionaire further agrees to hold harmless from and indemnify the Airport Board and the Cities of Dallas and Fort Worth including but not limited to: the Board's directors, officers, agents, employees, and the Cities' council-members, officers, agents and employees against any loss or damage or claim arising out of the action of the Board in pursuance of this paragraph, except for any loss, damage, or claim caused by the negligence or willful misconduct of the Board or its employees, acting within the course and scope of employment. The contractual lien granted hereunder is a security interest pursuant second only to the Texas Business and Commerce Code, and the Board shall have all rights and remedies lien of a secured party thereundersuch lender.
Appears in 3 contracts
Samples: Full Service Lease (GMH Communities Trust), Full Service Lease (GMH Communities Trust), Full Service Lease (GMH Communities Trust)
LANDLORD'S LIEN. All In addition to any statutory landlord’s lien, now or hereafter enacted, Tenant grants to Landlord, to secure performance of Tenant’s obligations hereunder, a security interest in all of Tenant’s furniture, fixtures, inventory and equipment situated in or upon the Premises or the Project, and all proceeds thereof (except merchandise sold in the ordinary course of business) (collectively, the “Collateral”), and the Collateral shall not be removed from the Premises or the Project without the prior written consent of Landlord until all obligations of Tenant have been fully performed. For the purposes of this Section 20, there shall be a rebuttable presumption that all property on located in the Premises is hereby subjected to a contractual landlord's lienowned by Tenant. For the avoidance of doubt, unless specifically waived by the Board, to secure payment of delinquent rent and other sums due and unpaid under this Lease, any and all exemption laws being hereby expressly waived in favor of such landlord's lien; and it is agreed that such landlord's lien Collateral shall not be construed as a waiver of include any statutory contract rights, accounts receivable or other lien given similar intangible property of Tenant located at the Premises or which may be given to the Board but shall be Project or associated with Tenant’s use of the Premises. Upon the occurrence of an Event of Default, Landlord may, in addition thereto. It is agreed by Concessionaire that in to all other remedies, without notice or demand except as provided below, exercise the event of default by Concessionaire hereunder the Board shall have the right, upon 30 days prior written notice, rights afforded to sell Concessionaire's property found on the Premises at a public or private sale with proceeds of the sale applied first to the cost of the sale, then to the cost of storage of the property, if any, and then to the indebtedness of Concessionaire, with the surplus, if any, to be mailed to Concessionaire at the address herein designated. Concessionaire further agrees to hold harmless from and indemnify the Airport Board and the Cities of Dallas and Fort Worth including but not limited to: the Board's directors, officers, agents, employees, and the Cities' council-members, officers, agents and employees against any loss or damage or claim arising out of the action of the Board in pursuance of this paragraph, except for any loss, damage, or claim caused by the negligence or willful misconduct of the Board or its employees, acting within the course and scope of employment. The contractual lien granted hereunder is a security interest pursuant to the Texas Business and Commerce Code, and the Board shall have all rights and remedies of a secured party thereunderunder the Uniform Commercial Code of the state in which the Premises are located (the “UCC”). To the extent the UCC requires Landlord to give to Tenant notice of any act or event and such notice cannot be validly waived before a default occurs, then five-days’ prior written notice thereof shall be reasonable notice of the act or event. In order to perfect such security interest, Landlord may file any financing statement or other instrument necessary at Tenant’s expense at the state and county Uniform Commercial Code filing offices. Upon Tenant’s written request, Landlord shall subordinate the security interest in the Collateral granted to Landlord under this Section 20, to Tenant’s primary line of credit provider so long as such credit provider is an institutional lender unaffiliated with Tenant, and Landlord and Tenant shall, at Tenant’s expense, execute Landlord’s standard form of subordination documentation to evidence such subordination; provided, however, such subordination shall not apply to any Collateral paid for in whole or in part by Landlord.
Appears in 3 contracts
Samples: Lease Agreement (Veracyte, Inc.), Lease Agreement (Veracyte, Inc.), Lease Agreement (Veracyte, Inc.)
LANDLORD'S LIEN. All property on Landlord shall have at all times during the Premises is hereby subjected to Term of this Agreement, a contractual landlord's lien, unless specifically waived by the Board, to secure payment of delinquent rent valid lien for all rents and other sums of money becoming due hereunder from Tenant, upon all goods, accounts, wares, merchandise, inventory, furniture, fixtures, equipment, vehicles and unpaid under other personal property and effects of Tenant situated in or upon the Leased Property, including Tenant's Personal Property and any interest of Tenant in P&E Replacements, but specifically excluding the trade names "ARC," "American Retirement Corporation," "Homewood Residence," or any derivation or replacement thereof or addition thereto applied by Affiliated Persons of Guarantor to other facilities, and such property shall not be removed therefrom except in accordance with the terms of this Lease, Agreement without the approval and consent of Landlord until all arrearages in Rent as well as any and all exemption laws being other sums of money then due to Landlord hereunder shall first have been paid and discharged in full. Alternatively, the lien hereby expressly waived in favor of such landlord's lien; and it is agreed that such landlord's lien shall not be construed as a waiver of any statutory or other lien given or which granted may be given to the Board but shall be in addition thereto. It is agreed by Concessionaire that foreclosed in the event manner and form provided by law for foreclosure of default security interests or in any other manner and form provided by Concessionaire hereunder the Board shall have the right, upon 30 days prior written notice, to sell Concessionaire's property found on the Premises at a public or private sale with proceeds of the sale applied first to the cost of the sale, then to the cost of storage of the propertylaw. The statutory lien for Rent, if any, is not hereby waived and then the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the indebtedness Term of Concessionairethis Agreement such Financing Statements as may be required by Landlord in order to perfect the Landlord's lien provided herein or granted or created by state law. Tenant further agrees that during an Event of Default, with the surplusTenant shall not make any distributions to its shareholders, if anypartners, members or other owners and any such distributions shall be considered and deemed to be mailed fraudulent and preferential and subordinate to Concessionaire at the address herein designated. Concessionaire further agrees to hold harmless from Landlord's claim for Rent and indemnify the Airport Board and the Cities of Dallas and Fort Worth including but not limited to: the Board's directors, officers, agents, employees, and the Cities' council-members, officers, agents and employees against any loss or damage or claim arising out of the action of the Board in pursuance of this paragraph, except for any loss, damage, or claim caused by the negligence or willful misconduct of the Board or its employees, acting within the course and scope of employment. The contractual lien granted hereunder is a security interest pursuant to the Texas Business and Commerce Code, and the Board shall have all rights and remedies of a secured party thereunderother sums hereunder.
Appears in 2 contracts
Samples: Lease Agreement (CNL Retirement Properties Inc), Lease Agreement (CNL Retirement Properties Inc)
LANDLORD'S LIEN. All property on Landlord shall have at all times during the Premises is hereby subjected to Term of this Agreement, a contractual landlord's lien, unless specifically waived by the Board, to secure payment of delinquent rent valid lien for all rents and other sums of money becoming due hereunder from Tenant, upon all goods, accounts, wares, merchandise, inventory, furniture, fixtures, equipment, vehicles and unpaid under other personal property and effects of Tenant situated in or upon the Leased Property, including Tenant's Personal Property and any interest of Tenant in P&E Replacements, but specifically excluding the trade names "ARC," "American Retirement Corporation," or any derivation or replacement thereof or addition thereto applied by Affiliated Persons of Guarantor to other facilities, and such property shall not be removed therefrom except in accordance with the terms of this Lease, Agreement without the approval and consent of Landlord until all arrearages in Rent as well as any and all exemption laws being other sums of money then due to Landlord hereunder shall first have been paid and discharged in full. Alternatively, the lien hereby expressly waived in favor of such landlord's lien; and it is agreed that such landlord's lien shall not be construed as a waiver of any statutory or other lien given or which granted may be given to the Board but shall be in addition thereto. It is agreed by Concessionaire that foreclosed in the event manner and form provided by law for foreclosure of default security interests or in any other manner and form provided by Concessionaire hereunder the Board shall have the right, upon 30 days prior written notice, to sell Concessionaire's property found on the Premises at a public or private sale with proceeds of the sale applied first to the cost of the sale, then to the cost of storage of the propertylaw. The statutory lien for Rent, if any, is not hereby waived and then the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the indebtedness Term of Concessionairethis Agreement such Financing Statements as may be required by Landlord in order to perfect the Landlord's lien provided herein or granted or created by state law. Tenant further agrees that during an Event of Default, with the surplusTenant shall not make any distributions to its shareholders, if anypartners, members or other owners and any such distributions shall be considered and deemed to be mailed fraudulent and preferential and subordinate to Concessionaire at the address herein designated. Concessionaire further agrees to hold harmless from Landlord's claim for Rent and indemnify the Airport Board and the Cities of Dallas and Fort Worth including but not limited to: the Board's directors, officers, agents, employees, and the Cities' council-members, officers, agents and employees against any loss or damage or claim arising out of the action of the Board in pursuance of this paragraph, except for any loss, damage, or claim caused by the negligence or willful misconduct of the Board or its employees, acting within the course and scope of employment. The contractual lien granted hereunder is a security interest pursuant to the Texas Business and Commerce Code, and the Board shall have all rights and remedies of a secured party thereunderother sums hereunder.
Appears in 2 contracts
Samples: Lease Agreement (CNL Retirement Properties Inc), Lease Agreement (American Retirement Corp)
LANDLORD'S LIEN. All property on Landlord shall have at all times during the Premises is hereby subjected to Term of this Agreement, a contractual landlord's lien, unless specifically waived by the Board, to secure payment of delinquent rent valid lien for all rents and other sums of money becoming due hereunder from Tenant, upon all goods, accounts, wares, merchandise, inventory, furniture, fixtures, equipment, vehicles and unpaid under other personal property and effects of Tenant situated in or upon the Leased Property, including Tenant's Personal Property and any interest of Tenant in P&E Replacements, but specifically excluding the trade names "Somerby", or any derivation or replacement thereof or addition thereto applied by Affiliated Persons of Guarantor to other facilities, and such property shall not be removed therefrom except in accordance with the terms of this Lease, Agreement without the approval and consent of Landlord until all arrearages in Rent as well as any and all exemption laws being other sums of money then due to Landlord hereunder shall first have been paid and discharged in full. Alternatively, the lien hereby expressly waived in favor of such landlord's lien; and it is agreed that such landlord's lien shall not be construed as a waiver of any statutory or other lien given or which granted may be given to the Board but shall be in addition thereto. It is agreed by Concessionaire that foreclosed in the event manner and form provided by law for foreclosure of default security interests or in any other manner and form provided by Concessionaire hereunder the Board shall have the right, upon 30 days prior written notice, to sell Concessionaire's property found on the Premises at a public or private sale with proceeds of the sale applied first to the cost of the sale, then to the cost of storage of the propertylaw. The statutory lien for Rent, if any, is not hereby waived and then the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the indebtedness Term of Concessionairethis Agreement such Financing Statements as may be required by Landlord in order to perfect the Landlord's lien provided herein or granted or created by state law. Tenant further agrees that during an Event of Default, with the surplusTenant shall not make any distributions to its shareholders, if anypartners, members or other owners and any such distributions shall be considered and deemed to be mailed fraudulent and preferential and subordinate to Concessionaire at the address herein designated. Concessionaire further agrees to hold harmless from Landlord's claim for Rent and indemnify the Airport Board and the Cities of Dallas and Fort Worth including but not limited to: the Board's directors, officers, agents, employees, and the Cities' council-members, officers, agents and employees against any loss or damage or claim arising out of the action of the Board in pursuance of this paragraph, except for any loss, damage, or claim caused by the negligence or willful misconduct of the Board or its employees, acting within the course and scope of employment. The contractual lien granted hereunder is a security interest pursuant to the Texas Business and Commerce Code, and the Board shall have all rights and remedies of a secured party thereunderother sums hereunder.
Appears in 2 contracts
Samples: Lease Agreement (American Retirement Corp), Lease Agreement (American Retirement Corp)
LANDLORD'S LIEN. All property on Landlord shall have at all times during the Premises is hereby subjected to Term of this Agreement, a contractual landlord's lien, unless specifically waived by the Board, to secure payment of delinquent rent valid lien for all rents and other sums of money due or becoming due hereunder from Tenant, upon all goods, wares, merchandise, inventory, furniture, fixtures, equipment, vehicles and unpaid under other tangible personal property and effects of Tenant situated in or upon the Leased Property, including Tenant's Personal Property but excluding items of Tenant's Intangible Personal Property, and such property shall not be removed from the Leased Property except in accordance with the terms of this Lease, Agreement without the approval and consent of Landlord until all arrearages in rent as well as any and all exemption laws being hereby expressly waived other sums of money then due to Landlord hereunder shall first have been paid and discharged in favor of such landlord's lien; full. Upon the occurrence and it is agreed that such landlord's lien shall not be construed as a waiver during the continuance of any statutory Event of Default by Tenant, Landlord may, in addition to any other remedies provided herein or by law, enter upon the Leased Property and take possession of any and all goods, wares, merchandise, books and records, inventory, furniture, fixtures, equipment, vehicles and other lien given tangible personal property and effects of Tenant situated in or which may be given upon or with respect to the Board Leased Property, including Tenant's Personal Property but shall be in addition thereto. It is agreed by Concessionaire that in excluding items of Tenant's Intangible Personal Property, without liability for trespass or conversion, and sell the event of default by Concessionaire hereunder the Board shall have the right, upon 30 days prior written notice, to sell Concessionaire's property found on the Premises same at a public or private sale sale, with proceeds or without having such property appraised, at which Landlord or its assigns may purchase any of the sale applied first same and apply the proceeds thereof, less any and all expenses connected with the taking of possession and sale, as a credit against any sums due from Tenant, and Tenant agrees to the cost pay any deficiency forthwith. If Landlord takes possession and control of the saleLeased Property and operates the same, then Tenant shall for so long as Landlord is actively operating the Leased Property, have no obligation to operate the cost Leased Property. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of storage of the propertysecurity interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and then the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the indebtedness Term of Concessionairethis Agreement such financing statements as may be required by Landlord in order to perfect the Landlord's lien provided herein or by Applicable Laws. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the surpluspassage of time may become an Event of Default under Section 12.1(a), if anyTenant shall not make any distributions to its shareholders, partners, members or other owners and any such distributions shall be subordinate to be mailed to Concessionaire at the address herein designated. Concessionaire further agrees to hold harmless from Landlord's claim for Rent and indemnify the Airport Board and the Cities of Dallas and Fort Worth including but not limited to: the Board's directors, officers, agents, employees, and the Cities' council-members, officers, agents and employees against any loss or damage or claim arising out of the action of the Board in pursuance of this paragraph, except for any loss, damage, or claim caused by the negligence or willful misconduct of the Board or its employees, acting within the course and scope of employment. The contractual lien granted hereunder is a security interest pursuant to the Texas Business and Commerce Code, and the Board shall have all rights and remedies of a secured party thereunderother sums hereunder.
Appears in 2 contracts
Samples: Lease Agreement (CNL Hospitality Properties Inc), Lease Agreement (CNL Hospitality Properties Inc)
LANDLORD'S LIEN. All property on Landlord shall have at all times during the Premises is hereby subjected to Term of this Lease, a contractual landlord's lien, unless specifically waived by the Board, to secure payment of delinquent rent valid lien for all rents and other sums of money becoming due hereunder from Tenant, upon all goods, wares, merchandise, inventory, furniture, fixtures, equipment and unpaid under this Leaseother personal property and effects of Tenant situated in or upon the Premises, and such property shall not be removed therefrom without the approval and consent of Landlord (which shall not be unreasonably withheld, delayed or conditioned) until all arrearage in rent as well as any and all exemption laws being hereby expressly waived other sums of money then due to Landlord hereunder shall first have been paid and discharged in favor of such landlord's lien; and it is agreed that such landlord's lien shall not be construed as a waiver full. Upon the occurrence of any statutory or other lien given or which may be given to the Board but shall be Event of Default by Tenant, Landlord may, in addition thereto. It is agreed to any other remedies provided herein or by Concessionaire that in the event of default by Concessionaire hereunder the Board shall have the rightlaw, enter upon 30 days prior written notice, to sell Concessionaire's property found on the Premises and take possession of any and all goods, wares, merchandise, inventory, furniture, fixtures, equipment and other personal property and effects of Tenant situated in or upon the Premises without liability for trespass or conversion, and sell the same at a public or private sale sale, with proceeds of the sale applied first to the cost of or without having such property at the sale, then to at which Landlord or its assigns may purchase, and apply the cost proceeds thereof, less any and all expenses connected with the taking of storage possession and sale of the property, if anyas a credit against any sums due by Tenant and Tenant agrees to pay any deficiency forthwith. Alternatively, the lien hereby granted may be foreclosed in the manner and then to the indebtedness form provided by law for foreclosure of Concessionaire, with the surplussecurity interests or in any other manner and form provided by law. The statutory lien for rent, if any, to be mailed to Concessionaire at the address herein designated. Concessionaire further agrees to hold harmless from and indemnify the Airport Board is not hereby waived and the Cities of Dallas and Fort Worth including but not limited to: the Board's directors, officers, agents, employees, and the Cities' council-members, officers, agents and employees against any loss or damage or claim arising out of the action of the Board in pursuance of this paragraph, except for any loss, damage, or claim caused by the negligence or willful misconduct of the Board or its employees, acting within the course and scope of employment. The express contractual lien herein granted hereunder is a security interest pursuant to the Texas Business in addition thereto and Commerce Code, and the Board shall have all rights and remedies of a secured party thereundersupplementary thereto.
Appears in 2 contracts
Samples: Lease Agreement (Ultimate Software Group Inc), Lease Agreement (Ultimate Software Group Inc)
LANDLORD'S LIEN. All property on Landlord shall have at all times during the Premises is hereby subjected to Term of this Agreement, a contractual landlord's lien, unless specifically waived by the Board, to secure payment of delinquent rent valid lien for all rents and other sums of money becoming due hereunder from Tenant, upon all goods, accounts, wares, merchandise, inventory, furniture, fixtures, equipment, vehicles and unpaid under other personal property and effects of Tenant situated in or upon the Leased Property, including Tenant's Personal Property and any interest of Tenant in P&E Replacements, but specifically excluding the trade names "ARC," "American Retirement Corporation," "Heritage Club," or any derivation or replacement thereof or addition thereto applied by Affiliated Persons of Guarantor to other facilities, and such property shall not be removed therefrom except in accordance with the terms of this Lease, Agreement without the approval and consent of Landlord until all arrearages in Rent as well as any and all exemption laws being other sums of money then due to Landlord hereunder shall first have been paid and discharged in full. Alternatively, the lien hereby expressly waived in favor of such landlord's lien; and it is agreed that such landlord's lien shall not be construed as a waiver of any statutory or other lien given or which granted may be given to the Board but shall be in addition thereto. It is agreed by Concessionaire that foreclosed in the event manner and form provided by law for foreclosure of default security interests or in any other manner and form provided by Concessionaire hereunder the Board shall have the right, upon 30 days prior written notice, to sell Concessionaire's property found on the Premises at a public or private sale with proceeds of the sale applied first to the cost of the sale, then to the cost of storage of the propertylaw. The statutory lien for Rent, if any, is not hereby waived and then the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the indebtedness Term of Concessionairethis Agreement such Financing Statements as may be required by Landlord in order to perfect the Landlord's lien provided herein or granted or created by state law. Tenant further agrees that during an Event of Default, with the surplusTenant shall not make any distributions to its shareholders, if anypartners, members or other owners and any such distributions shall be considered and deemed to be mailed fraudulent and preferential and subordinate to Concessionaire at the address herein designated. Concessionaire further agrees to hold harmless from Landlord's claim for Rent and indemnify the Airport Board and the Cities of Dallas and Fort Worth including but not limited to: the Board's directors, officers, agents, employees, and the Cities' council-members, officers, agents and employees against any loss or damage or claim arising out of the action of the Board in pursuance of this paragraph, except for any loss, damage, or claim caused by the negligence or willful misconduct of the Board or its employees, acting within the course and scope of employment. The contractual lien granted hereunder is a security interest pursuant to the Texas Business and Commerce Code, and the Board shall have all rights and remedies of a secured party thereunderother sums hereunder.
Appears in 2 contracts
Samples: Lease Agreement (American Retirement Corp), Lease Agreement (CNL Retirement Properties Inc)
LANDLORD'S LIEN. All property on In addition to the Premises is statutory Landlord’s lien, Landlord shall have, at all times, and Tenant hereby subjected grants to Landlord, a contractual landlord's lien, unless specifically waived by the Board, Landlord’s lien and a valid security interest to secure payment of delinquent rent all rentals and other sums of money becoming due hereunder from Tenant, and unpaid under this Leaseto secure payment loss which Landlord may suffer by reason of the breach by Tenant of any damages or covenant, any agreement or condition contained herein, upon all goods, wares, equipment, fixtures, furniture, improvements and other personal property of Tenant presently or which may hereafter be situated on the premises, and all exemption laws being hereby expressly waived in favor of proceeds therefrom, and such landlord's lien; and it is agreed that such landlord's lien property shall not be construed removed therefrom without the consent of Landlord until all arrearages in rent as a waiver well as all other sums of any statutory or other lien given or which may be given money then due to Landlord hereunder shall first have been paid and discharged and all the Board but shall be in addition theretocovenants, agreements and conditions hereof have been fully complied with and performed by Tenant. It is agreed by Concessionaire that in Upon the occurrence of an event of default by Concessionaire hereunder Tenant, Landlord may, in addition to any other remedies provided herein, enter upon the Board shall have the rightpremises and take possession of any goods, upon 30 days prior written noticewares, to sell Concessionaire's equipment, fixtures, furniture, improvements and other personal property found of Tenant situated on the Premises premises, without liability for trespass or conversion, and sell the same at a public or private sale sale, with proceeds of the sale applied first to the cost of or without having such property at the sale, then to the cost of storage after giving Tenant reasonable notice of the propertytime and place of any public sale or of the time after which any private sale is to be made, if anyat which sale Landlord or its assigns may, pursuant to its contractual Landlord’s lien or its security interest, purchase unless otherwise prohibited by law. Unless otherwise provided by law, and then without intending to exclude any other manner of giving Tenant reasonable notice, the requirements of reasonable notice shall be met if such notice is given in the manner prescribed in Paragraph 29 of this lease at least five (5) days before the time of 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 attorney’s fees and other expenses), shall be applied as a credit against the indebtedness of Concessionairesecured by the security interest granted in this Paragraph 22. Any surplus shall be paid to Tenant or as otherwise required by law; and Tenant shall pay any deficiencies forthwith. Upon request by Landlord, with the surplus, if any, to be mailed to Concessionaire at the address herein designated. Concessionaire further Tenant agrees to hold harmless from execute and indemnify deliver to Landlord a financing statement in form sufficient to perfect the Airport Board security interest of Landlord in the aforementioned property and proceeds thereof under the Cities of Dallas and Fort Worth including but not limited to: the Board's directors, officers, agents, employees, and the Cities' council-members, officers, agents and employees against any loss or damage or claim arising out provisions of the action Uniform Commercial Code in force in the State of the Board in pursuance of this paragraph, except for any loss, damage, or claim caused by the negligence or willful misconduct of the Board or its employees, acting within the course and scope of employmentTexas. The statutory lien for rent is not hereby waived, the contractual Landlord’s lien granted hereunder is a [illegible] the security interest pursuant to the Texas Business herein granted [illegible] in addition and Commerce Code, and the Board shall have all rights and remedies of a secured party thereundersupplementary thereto.
Appears in 2 contracts
Samples: Office Building Lease Agreement, Office Building Lease Agreement (Rackspace Inc)
LANDLORD'S LIEN. All In addition to any statutory lien for rent in Landlord's favor, Landlord (the secured party for purposes hereof) shall have and Tenant (the debtor for purposes hereof) hereby grants to Landlord, an express contract lien and a continuing security interest to secure the payment of all Rent due hereunder from Tenant, upon all goods, wares, equipment, fixtures, furniture, inventory, accounts, contract rights, chattel paper and other personal property of Tenant (and any transferees or other occupants of the Premises) presently or hereafter situated on the Premises is hereby subjected and upon all proceeds of any insurance which may accrue to Tenant by reason of damage or destruction of any such property. In the event of a contractual landlord's lien, unless specifically waived by the Board, to secure payment of delinquent rent and other sums due and unpaid default under this Lease, any and all exemption laws being hereby expressly waived in favor of such landlord's lien; and it is agreed that such landlord's lien Landlord shall not be construed as a waiver of any statutory or other lien given or which may be given to the Board but shall be have, in addition thereto. It to any other remedies provided herein or by law, all rights and remedies under the Uniform Commercial Code of the state in which the Premises is agreed by Concessionaire that in located, including without limitation the event of default by Concessionaire hereunder the Board shall have the right, upon 30 days prior written notice, right to sell Concessionaire's the property found on the Premises described in this paragraph at a public or private sale with proceeds of upon ten (10) days' notice to Tenant, which notice Tenant hereby agrees is adequate and reasonable. Tenant hereby agrees to execute such other instruments necessary or desirable in Landlord's discretion to perfect the sale applied first to security interest hereby created. Any statutory lien for rent is not hereby waived, the cost of express contractual lien herein granted being in addition and supplementary thereto. Landlord and Tenant agree that this Lease and the sale, then to the cost of storage of the property, if anysecurity interest granted herein serve as a financing statement, and then to the indebtedness of Concessionaire, with the surplus, if any, to be mailed to Concessionaire at the address herein designated. Concessionaire further agrees to hold harmless from and indemnify the Airport Board and the Cities of Dallas and Fort Worth including but not limited to: the Board's directors, officers, agents, employees, and the Cities' council-members, officers, agents and employees against any loss a copy or damage photographic or claim arising out of the action of the Board in pursuance other reproduction of this paragraph, except for any loss, damage, or claim caused Paragraph of this Lease may be filed of record by the negligence or willful misconduct of the Board or its employees, acting within the course Landlord and scope of employment. The contractual lien granted hereunder is a security interest pursuant to the Texas Business and Commerce Code, and the Board shall have all rights and remedies of a secured party thereunder.have
Appears in 1 contract
Samples: Office Lease (Aht Corp)
LANDLORD'S LIEN. All property on the Premises is hereby subjected In addition to a contractual landlord's any statutory Landlord’s lien, unless specifically waived by the BoardLandlord shall have, at all times, and Tenant hereby grants to Landlord, a valid security interest to secure payment of delinquent rent all rentals and other sums of money becoming due hereunder from Tenant, and unpaid under this Leaseto 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, upon all goods, wares, equipment, fixtures, furniture, improvements and other personal property of Tenant presently or which may hereafter be situated on the Premises, and all proceeds therefrom; and such property shall not be removed therefrom without the consent of Landlord until all arrearages in rent as well as any and all exemption laws being hereby expressly waived in favor other sums of such landlord's lien; money then due to Landlord hereunder shall first have been paid and it is agreed that such landlord's lien shall not be construed as a waiver discharged and all the covenants, agreements and conditions hereof have been fully complied with and performed by Xxxxxx. Upon the occurrence of any statutory or other lien given or which may be given to the Board but shall be Event of Default, Landlord may, in addition thereto. It is agreed by Concessionaire that in to any other remedies provided herein, enter upon the event Premises and take possession of default by Concessionaire hereunder the Board shall have the rightany and all goods, upon 30 days prior written noticewares, to sell Concessionaire's equipment, fixtures, furniture, improvements and other personal property found of Tenant situated on the Premises Premises, without liability for trespass or conversion, and sell the same at a public or private sale with sale. Any surplus shall be paid to Tenant or as otherwise required by law; and Tenant shall pay any deficiencies therein to Landlord forthwith. Upon request by Xxxxxxxx, Xxxxxx agrees to execute and deliver to Landlord a financing statement in form sufficient to perfect the security interest of Landlord in the aforementioned property and proceeds thereof under the provisions of the sale applied first to Uniform Commercial Code in force in the cost of jurisdiction in which the sale, then to the cost of storage of the property, if any, and then to the indebtedness of Concessionaire, with the surplus, if any, to be mailed to Concessionaire at the address herein designated. Concessionaire further agrees to hold harmless from and indemnify the Airport Board and the Cities of Dallas and Fort Worth including but not limited to: the Board's directors, officers, agents, employees, and the Cities' council-members, officers, agents and employees against any loss or damage or claim arising out of the action of the Board in pursuance of this paragraph, except for any loss, damage, or claim caused by the negligence or willful misconduct of the Board or its employees, acting within the course and scope of employment. The contractual lien granted hereunder Building is a security interest pursuant to the Texas Business and Commerce Code, and the Board shall have all rights and remedies of a secured party thereunderlocated.
Appears in 1 contract
Samples: Deed of Lease (Urgent.ly Inc.)
LANDLORD'S LIEN. All Tenant grants to Landlord an express contractual lien on and security interest in and to all goods, equipment, furnishings, fixtures, furniture, chattels and personal property of whatever nature owned by Tenant attached or affixed to or used in and about the Premises on the date of this Lease or at any time after the date of this Lease or otherwise located in the Premises is hereby subjected or relating to a contractual landlordTenant's lien, unless specifically waived by use of the Board, to secure payment of delinquent rent and other sums due and unpaid under this Lease, any Premises and all exemption laws being hereby expressly waived in favor renewals or replacements or substitutions for any of such landlord's lien; the foregoing, all building materials and it is agreed that such landlord's lien shall not be construed as a waiver of any statutory equipment now or other lien given or which may be given hereafter delivered to the Board but shall Premises and intended to be in addition thereto. It is agreed by Concessionaire that installed in the event of default by Concessionaire hereunder the Board shall have the right, upon 30 days prior written notice, to sell Concessionaire's property found Premises and all security deposits and advance rentals under lease agreements on the date of this Lease or at any time after the date of this Lease covering or affecting the Premises at a public and held by or private sale with for the benefit of Tenant, and all proceeds of the sale applied first to the cost foregoing (including by way of the saleillustration, then to the cost of storage of the property, if any, and then to the indebtedness of Concessionaire, with the surplus, if any, to be mailed to Concessionaire at the address herein designated. Concessionaire further agrees to hold harmless from and indemnify the Airport Board and the Cities of Dallas and Fort Worth including but not limited to: the Board's directorslimitation, officers, agents, employees, and the Cities' council-members, officers, agents and employees against proceeds of any loss or insurance which may accrue to Tenant by reason of damage or claim arising out destruction of any such property). Upon Landlord's request, Tenant shall execute and deliver to Landlord two (2) originals of a financing statement in form sufficient to perfect the action of the Board in pursuance security interest granted hereunder. A carbon, photographic or other reproduction of this paragraph, except for any loss, damage, Lease or claim caused by the negligence or willful misconduct of the Board or its employees, acting within the course this provision is sufficient and scope of employmentmay be filed as a financing statement. The contractual lien granted hereunder is a security interest pursuant to the Texas Business and Commerce Code, and the Board Landlord shall have all the rights and remedies of a secured party thereunderunder the Uniform Commerce Code as adopted in the State where the Property is located and this lien and security interest may be foreclosed by process of law. The requirement of reasonable notice prior to any sale under Article 9 of the applicable Uniform Commerce Code shall be met if such notice is given in the manner prescribed herein at least ten (10) days before the day of sale. Any public sale made pursuant to the provisions of this Section shall be deemed to have been conducted in a commercially reasonable manner if held in the Premises after the time place and method of sale and a general description of the types of property to be sold have been advertised for ten (10) consecutive days prior to the date of sale in a daily newspaper published in the county where the Building is located.
Appears in 1 contract
Samples: Commercial Lease Agreement (Medstone International Inc/)
LANDLORD'S LIEN. All property on the Premises is hereby subjected In addition to a contractual landlord's any applicable common law or statutory lien, unless specifically none of which are to be deemed waived by the BoardLandlord, Landlord shall have, at all times, and Tenant hereby grants to Landlord, a valid lien and security interest to secure payment of delinquent rent all rentals and other sums of money becoming due hereunder from Tenant, and unpaid under this Leaseto 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, upon 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, and such property shall not be removed therefrom without the consent of Landlord until all arrearage in Rent as well as any and all exemption laws being hereby expressly waived in favor other sums of such landlord's lien; money then due to Landlord hereunder shall first have been paid and it is agreed that such landlord's discharged and all the covenants, agreements and conditions hereof have been fully complied with and performed by Tenant. Landlord covenants and agrees to subordinate the lien shall not be construed as granted hereunder to any commercial lender or furniture, fixture or equipment supplier from whom Tenant either leases or finances ("FFE Supplier") to which Tenant grants a waiver security interest. Upon the occurrence of any statutory or other lien given or which may be given an Event of Default by Tenant, but subject to the Board but shall be in addition thereto. It is agreed by Concessionaire that in the event of default by Concessionaire hereunder the Board shall have the right, upon 30 days prior written notice, to sell Concessionaire's property found on the Premises at a public or private sale with proceeds of the sale applied first to the cost of the sale, then to the cost of storage of the propertyTenant’s lender rights, if any, after the expiration of all stated notice and then cure periods, Landlord may, in addition to any other remedies provided herein, peaceably enter upon the Premises and take possession of any and all goods, wares, equipment, fixtures, furniture, improvements and other personal property of Tenant situated on the Premises, 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 Tenant reasonable notice of time and place of any public sale or of the time after which any private sale is to be made, at which sale Landlord 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 Tenant reasonable notice, the requirement of reasonable notice shall be met if such notice is given in the manner prescribed in Section 23 of this Lease at least five (5) days before the time of sale. The proceeds from any such disposition, less all expenses connected with the taking of possession, holding and selling of the property (including reasonable attorney's fees and other expenses), shall be applied as a credit against the indebtedness secured by the security interest granted in this Section. Any surplus shall be paid to Tenant or as otherwise required by law; and Tenant shall pay any deficiencies forthwith. Upon request by Landlord, Tenant agrees to execute and deliver to Landlord a financing statement in form sufficient to perfect the security interest of Landlord in the aforementioned property and proceeds thereof under the provisions of the Uniform Commercial Code in force in the Commonwealth of Pennsylvania. Notwithstanding the foregoing, the parties acknowledge and agree that Tenant’s lender or FFE Supplier may have superior rights to the indebtedness of Concessionaireproperty noted herein. Tenant shall use its best efforts to obtain, with the surplus, if any, to be mailed to Concessionaire at the address herein designated. Concessionaire further agrees to hold harmless from and indemnify the Airport Board and the Cities of Dallas and Fort Worth including but not limited to: the Board's directors, officers, agents, employees, and the Cities' councilwithin forty-members, officers, agents and employees against any loss or damage or claim arising out five (45) days of the action date hereof, a waiver of all such rights from its lender in this regard, and, failing to obtain such waiver, that Tenant shall use its best efforts to obtain from such lender, the Board right to grant a subordinated lien to Landlord in pursuance of this paragraphsuch goods, except for any loss, damage, or claim caused by the negligence or willful misconduct of the Board or its employees, acting within the course and scope of employment. The contractual lien granted hereunder is a security interest pursuant second only to the Texas Business and Commerce Code, and the Board shall have all rights and remedies lien of a secured party thereundersuch lender.
Appears in 1 contract
Samples: Lease (Inovio Pharmaceuticals, Inc.)
LANDLORD'S LIEN. All property on Landlord shall have at all times during the Premises is hereby subjected to Term of this Lease, a contractual landlord's lien, unless specifically waived by the Board, to secure payment of delinquent rent valid lien for all rents and other sums of money becoming due hereunder from Tenant, upon all goods, wares, merchandise, inventory, furniture, fixtures, equipment and unpaid under this Leaseother personal property and effects of Tenant situated in or upon the Premises, and such property shall not be removed therefrom without the approval and consent of Landlord (which shall not be unreasonably withheld, delayed or conditioned) until all arrearage in rent as well as any and all exemption laws being hereby expressly waived other sums of money then due to Landlord hereunder shall first have been paid and discharged in favor of such landlord's lien; and it is agreed that such landlord's lien shall not be construed as a waiver full. Upon the occurrence of any statutory or other lien given or which may be given to the Board but shall be Event of Default by Tenant, Landlord may, in addition thereto. It is agreed to any other remedies provided herein or by Concessionaire that in the event of default by Concessionaire hereunder the Board shall have the rightlaw, enter upon 30 days prior written notice, to sell Concessionaire's property found on the Premises and take possession of any and all goods, wares, merchandise, inventory, furniture, fixtures, equipment and other personal property and effects of Tenant situated in or upon the Premises without liability for trespass or conversion, and sell the same at a public or private sale sale, with proceeds of the sale applied first to the cost of or without having such property at the sale, then to at which Landlord or its assigns may purchase, and apply the cost proceeds thereof, less any and all expenses connected with the taking of storage possession and sale of the property, if anyas a credit against any sums due by Tenant and Tenant agrees to pay any deficiency forthwith. Alternatively, the lien hereby granted may be foreclosed in the manner and then to the indebtedness form provided by law for foreclosure of Concessionaire, with the surplussecurity interests or in any other manner and form provided by law. The statutory lien for #PageNum# rent, if any, to be mailed to Concessionaire at the address herein designated. Concessionaire further agrees to hold harmless from and indemnify the Airport Board is not hereby waived and the Cities of Dallas and Fort Worth including but not limited to: the Board's directors, officers, agents, employees, and the Cities' council-members, officers, agents and employees against any loss or damage or claim arising out of the action of the Board in pursuance of this paragraph, except for any loss, damage, or claim caused by the negligence or willful misconduct of the Board or its employees, acting within the course and scope of employment. The express contractual lien herein granted hereunder is a security interest pursuant to the Texas Business in addition thereto and Commerce Code, and the Board shall have all rights and remedies of a secured party thereundersupplementary thereto.
Appears in 1 contract
LANDLORD'S LIEN. All property on To secure the Premises is hereby subjected to a contractual landlord's lien, unless specifically waived by the Board, to secure payment of delinquent all rent and other sums of money due and unpaid under to become due hereunder and the faithful performance of this LeaseLease by Xxxxxx, Tenant hereby gives to Landlord an express contract lien and security interest on all property now or hereafter acquired (including fixtures, equipment, chattels, and merchandise) which may be placed in the Premises and also upon all proceeds of any insurance which may accrue to Tenant by reason of destruction of or damage to any such property. Such property shall not be removed therefrom without the written consent of Landlord until all arrearages in rental and all other sums of money then due to Landlord hereunder shall first have been paid. All exemption laws being are hereby expressly waived in favor of such landlordsaid lien and security interest. This lien and security interest is given in addition to Landlord's lien; statutory lien and it is agreed that such landlord's lien shall not be construed as a waiver of any statutory or other lien given or which may be given to the Board but shall be cumulative thereto. Landlord shall, in addition thereto. It is agreed by Concessionaire that in the event to all of default by Concessionaire hereunder the Board shall its rights hereunder, also have the right, upon 30 days prior written notice, to sell Concessionaire's property found on the Premises at a public or private sale with proceeds all of the sale applied first to the cost of the sale, then to the cost of storage of the property, if any, and then to the indebtedness of Concessionaire, with the surplus, if any, to be mailed to Concessionaire at the address herein designated. Concessionaire further agrees to hold harmless from and indemnify the Airport Board and the Cities of Dallas and Fort Worth including but not limited to: the Board's directors, officers, agents, employees, and the Cities' council-members, officers, agents and employees against any loss or damage or claim arising out of the action of the Board in pursuance of this paragraph, except for any loss, damage, or claim caused by the negligence or willful misconduct of the Board or its employees, acting within the course and scope of employment. The contractual lien granted hereunder is a security interest pursuant to the Texas Business and Commerce Code, and the Board shall have all rights and remedies of a secured party thereunderunder the Uniform Commercial Code as adopted in the State in which the Premises is located. To the extent permitted by law, this Lease shall constitute a security agreement under Article 9 of the Florida Uniform Commercial Code. Notwithstanding the foregoing, Xxxxxxxx agrees to subordinate its lien to a bona fide institutional lender providing acquisition financing or lease financing for Tenant's furniture, fixtures, and equipment, so that Landlord will have a second lien on such furniture, fixtures, and equipment.
Appears in 1 contract
Samples: Industrial Lease (Intellicell Corp)
LANDLORD'S LIEN. All property on In addition to the Premises is hereby subjected to a contractual statutory landlord's --------------- lien, unless specifically waived by the Board, Landlord shall have at all times a valid security interest to secure payment of delinquent rent all rentals and other sums of money becoming due hereunder from Tenant, and unpaid under this Leaseto secure payment of any damage or loss which Landlord may suffer by reason of the breach by Tenant of any covenant, agreement or condition contained herein, upon all goods, wares, equipment, fixtures furniture, improvements and other personal property of Tenant presently or which may hereafter be situated in the Premises and all proceeds therefrom, and such property shall not be removed therefrom without the consent of Landlord until all arrearages in rent as well as any and all exemption laws being hereby expressly waived in favor other sums of such landlord's lien; money then due to Landlord hereunder shall first have been paid and it is agreed that such landlord's lien shall not be construed as a waiver discharged and all the covenants, agreements and conditions hereof have been fully complied with and performed by Xxxxxx. Upon the occurrence of any statutory or other lien given or which may be given to the Board but shall be in addition thereto. It is agreed by Concessionaire that in the an event of default by Concessionaire hereunder the Board shall have the rightTenant, Landlord may, in addition to any other remedies provided herein, enter upon 30 days prior written notice, to sell Concessionaire's property found on the Premises and take possession of any and all goods, wares, equipment, fixtures, furniture, improvements and other personal property of Tenant situated in the Premises, without liability for trespass or conversion, and sell the same at a public or private sale sale, with proceeds of the sale applied first to the cost of or without having such property at the sale, then after giving Tenant 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(s) Landlord 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 Tenant reasonable notice, the requirement of reasonable notice shall be met if such notice is given at least five (5) days before the time of sale. Such notice shall be deemed to be delivered if personally delivered or when deposited in the United States mail, postage prepaid, certified or registered mail (with or without return receipt requested), addressed to the cost parties hereto at the addresses as shown herein, whether or not actually received. The proceeds from any such disposition, less any and all expenses connected with the taking of storage possession, holding and selling of the propertyproperty (including reasonable attorneys' fees and other expenses), if any, and then to shall be applied as a credit against the indebtedness of Concessionairesecured by the security interest granted in this paragraph. Any surplus shall be paid to Tenant or as otherwise required by law; and Tenant shall pay any deficiencies forthwith. Upon request by Xxxxxxxx, with the surplus, if any, to be mailed to Concessionaire at the address herein designated. Concessionaire further Xxxxxx agrees to hold harmless from execute and indemnify deliver to Landlord a financing statement in form sufficient to perfect the Airport Board security interest of Landlord in the aforementioned property and proceeds thereof under the Cities of Dallas and Fort Worth including but not limited to: the Board's directors, officers, agents, employees, and the Cities' council-members, officers, agents and employees against any loss or damage or claim arising out provisions of the action Uniform Commercial Code in force in the State of the Board in pursuance of this paragraph, except for any loss, damage, or claim caused by the negligence or willful misconduct of the Board or its employees, acting within the course and scope of employmentTexas. The contractual statutory lien granted hereunder for rent is a not hereby waived, the security interest pursuant to the Texas Business herein granted being in addition and Commerce Code, and the Board shall have all rights and remedies of a secured party thereundersupplementary thereto.*
Appears in 1 contract
LANDLORD'S LIEN. All property on the Premises is hereby subjected Landlord shall be entitled to a contractual landlord's lien, unless specifically waived by the Board, to secure payment of delinquent rent and other sums due and unpaid under this Lease, any and all exemption lien rights granted under the laws being hereby expressly waived of the state of Texas in favor connection with a default by Tenant hereunder. Notwithstanding the foregoing, provided Tenant is not in default hereunder, Landlord agrees to subordinate its security interest as described in this Article XXXIII to Tenant's lenders, ("Lender") if any, requiring a priority position under the following circumstances:
(a) Lender is financing Tenant's purchase of such landlord's lien; and it the equipment or inventory in which Landlord is agreed that such landlord's lien subordinating its security interest (the "Equipment");
(b) Tenant shall not be construed as furnish Landlord with a waiver complete schedule of any statutory or other lien given or which may be given the Equipment financed pursuant to the Board but terms hereof, which schedule shall be in addition thereto. It is agreed by Concessionaire that updated in the event of default by Concessionaire hereunder any changes;
(c) Tenant shall be prohibited from financing, any non-moveable fixture or permanent improvement to the Board leasehold;
(d) Tenant shall have the right, upon 30 days prior written notice, cause any and all Lenders to sell Concessionaire's property found on the Premises at a give Landlord notice of any public or private sale with proceeds by such Lender of Tenant's Equipment;
(e) no public or private sale by any Lender shall be held on the Premises; and
(f) Landlord's subordination shall not be effective unless and until a separate agreement is entered into between Lender and Landlord respecting the conditions set forth herein.
(g) Lender can enter the Premises for purpose of removal of the sale applied first Equipment only if:
(1) permitted by the agreement between Lender and Tenant; and
(2) Lender agrees to restore or repair all damage to the cost Premises caused by such removal; and
(3) Lender gives Landlord notice in the event that any of Tenant's moveable trade fixtures or Equipment are removed from the salePremises; and
(4) Lender indemnifies Landlord for any claim, then to the cost of storage of the property, if any, and then to the indebtedness of Concessionaire, with the surplus, if any, to be mailed to Concessionaire at the address herein designated. Concessionaire further agrees to hold harmless from and indemnify the Airport Board and the Cities of Dallas and Fort Worth liability or expense (including but not limited to: the Boardreasonable attorney's directors, officers, agents, employees, and the Cities' council-members, officers, agents and employees against any loss or damage or claim fees) arising out of the action or in connection with Lender's removal of the Board in pursuance of this paragraph, except for any loss, damage, or claim caused by Equipment and Lender's entry and activities upon the negligence or willful misconduct of the Board or its employees, acting within the course and scope of employment. The contractual lien granted hereunder is a security interest pursuant to the Texas Business and Commerce Code, and the Board shall have all rights and remedies of a secured party thereunderPremises.
Appears in 1 contract
LANDLORD'S LIEN. All property on the Premises is hereby subjected to Lessee agrees that Lessor shall have a contractual landlord's ’s lien, unless specifically waived by the Boardin, on and against all of Lessee’s right, title and interest in, to and under all Personalty (subject to the rights and interests of superior lienholders), which lien shall secure the payment of delinquent rent all Rental and other sums due Monetary Obligations payable by Lessee to Lessor under the terms hereof and unpaid all other obligations of Lessee to Lessor under this Lease. Lessee agrees that Lessor may file such documents as Lessor then deems appropriate or necessary to perfect and maintain said lien (provided, however, that any such documents of perfection and/or maintenance shall include an express statement that Lessor’s lien is subordinate to any lien, security interest or other collateral rights in and to any Personalty granted by Lessee to any present or future lender), and expressly acknowledges and agrees that, in addition to any and all exemption laws being hereby expressly waived other rights and remedies of Lessor whether hereunder or at Law or in favor equity, in the Event of such landlord's lienDefault of Lessee hereunder, Lessor shall have any and all rights and remedies (subject to the rights and interests of superior lienholders) granted a secured party under the Uniform Commercial Code then in effect in the states where the Properties are located. 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; and it is agreed that such landlord's lien provided, however, the foregoing shall not be construed as a waiver of any statutory or other lien given or which may be given Lessor’s consent to the Board but shall be in addition theretosuch changes. It is agreed by Concessionaire that in the event of default by Concessionaire hereunder the Board shall have the right, upon 30 days prior written notice, to sell Concessionaire's property found on the Premises at a public or private sale with proceeds of the sale applied first to the cost of the sale, then to the cost of storage of the property, if any, and then to the indebtedness of Concessionaire, with the surplus, if any, to be mailed to Concessionaire at the address herein designated. Concessionaire further agrees to hold harmless from and indemnify the Airport Board and the Cities of Dallas and Fort Worth including but not limited to: the Board's directors, officers, agents, employees, and the Cities' council-members, officers, agents and employees against any loss or damage or claim arising out of the action of the Board in pursuance of this paragraph, except for any loss, damage, or claim caused by the negligence or willful misconduct of the Board or its employees, acting within the course and scope of employment. The contractual Lessor’s landlord’s lien granted hereunder is a subordinate to any lien, security interest pursuant or other collateral rights in and to any Personalty granted by Lessee to any present or future lender. Lessor shall, promptly upon the Texas Business and Commerce Coderequest of Lessee, and the Board shall have all rights and remedies enter into any written acknowledgement of a secured party thereundersuch subordination as Lessee’s lenders from time to time may require.
Appears in 1 contract
LANDLORD'S LIEN. All property on In addition to the Premises is hereby subjected to a contractual statutory landlord's lien, unless specifically waived by the Boardif any, Landlord shall have at all times a valid security interest to secure payment of delinquent rent all rentals and other sums of money becoming due hereunder from Tenant, and unpaid under this Leaseto secure payment of any damage or loss which Landlord may suffer by reason of the breach by Tenant of any covenant, agreement or condition contained herein, upon all goods, wares, equipment, fixtures, furniture, improvements and other personal property of Tenant presently or which may hereafter be situated in the Premises and all proceeds therefrom (including proceeds of insurance), and such properly shall not be removed therefrom without the consent of Landlord until all arrearages in rent as well as any and all exemption laws being hereby expressly waived in favor other sums of such landlord's lien; money then due to Landlord hereunder shall first have been paid and it is agreed that such landlord's lien shall not be construed as a waiver discharged and all the covenants, agreements and conditions hereof have been fully complied with and performed by Tenant. Upon the occurrence of any statutory or other lien given or which may be given to the Board but shall be in addition thereto. It is agreed by Concessionaire that in the an event of default by Concessionaire hereunder the Board shall have the rightTenant, Landlord may, in addition to any other remedies provided herein, enter upon 30 days prior written notice, to sell Concessionaire's property found on the Premises and take possession of any and all goods, wares, equipment, fixtures, furniture, improvements and other personal property of Tenant situated in the Premises, without liability for trespass or conversion, and sell the same at a public or private sale sale, with proceeds of the sale applied first to the cost of or without having such property at the sale, then after giving Tenant 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(s) Landlord 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 Tenant reasonable notice, the requirement of reasonable notice shall be met if such notice is given at least five (5) days before the time of sale. Such notice shall be deemed to be delivered if personally delivered or when deposited in the United States mail, postage prepaid, certified or registered mail (with or without return receipt requested), addressed to the cost parties hereto at the addresses as shown herein, whether or not actually received. The proceeds from any such disposition, less any and all expenses connected with the taking of storage possession; holding and selling of the propertyproperty (including reasonable attorneys' fees and other expenses), if any, and then to shall be applied as a credit against the indebtedness of Concessionairesecured by the security interest granted in this paragraph. Any surplus shall be paid to Tenant or as otherwise required by law; and Tenant shall pay any deficiencies forthwith. Upon request by Landlord, with the surplus, if any, to be mailed to Concessionaire at the address herein designated. Concessionaire further Tenant agrees to hold harmless from execute and indemnify deliver to Landlord a financing statement in form sufficient to perfect the Airport Board security interest of Landlord in the aforementioned property and proceeds thereof under the Cities of Dallas and Fort Worth including but not limited to: the Board's directors, officers, agents, employees, and the Cities' council-members, officers, agents and employees against any loss or damage or claim arising out provisions of the action Uniform Commercial Code in force in the State of Texas. The statutory lien for rent is not hereby waived, the Board security interest herein granted being in pursuance addition and supplementary thereto. Landlord shall be entitled to file a carbon, photographic or other reproduction of this paragraph, except for any loss, damage, or claim caused by the negligence or willful misconduct Lease as a financing statement as is permitted under Section 9.402(a) of the Board or its employees, acting within the course and scope of employment. The contractual lien granted hereunder is a security interest pursuant to the Texas Business and Commerce Code, and the Board shall have all rights and remedies of a secured party thereunder.
Appears in 1 contract
Samples: Office Lease (Navarre Corp /Mn/)