Common use of LANDLORD'S LIEN Clause in Contracts

LANDLORD'S LIEN. 19.1 TENANT HEREBY GRANTS TO LANDLORD A FIRST AND PRIOR LIEN AND SECURITY INTEREST ON ALL PROPERTY OF TENANT, INCLUDING BUT NOT LIMITED TO ALL FIXTURES, MACHINERY, EQUIPMENT, FURNISHINGS, INVENTORY AND OTHER ARTICLES OF PERSONAL PROPERTY, NOW OR HEREAFTER PLACED IN OR UPON THE PREMISES, AND ALSO UPON THE PROCEEDS OF ANY INSURANCE WHICH MAY ACCRUE TO TENANT BY REASON OF DESTRUCTION OF OR DAMAGE TO ANY SUCH PROPERTY. WITHOUT LANDLORD’S PRIOR WRITTEN CONSENT, SUCH PROPERTY SHALL NOT BE REMOVED FROM THE PREMISES AT ANY TIME WHEN A DEFAULT EXISTS UNDER THIS LEASE. THIS LIEN AND SECURITY INTEREST SHALL SECURE TENANT’S PERFORMANCE HEREUNDER, AND SHALL BE IN ADDITION TO AND CUMULATIVE OF LANDLORD’S LIENS PROVIDED BY LAW. THIS LEASE SHALL CONSTITUTE A SECURITY AGREEMENT UNDER THE UNIFORM COMMERCIAL CODE SO THAT LANDLORD SHALL HAVE AND MAY ENFORCE A SECURITY INTEREST ON ALL OF SAID PROPERTY. UPON THE OCCURRENCE OF AN EVENT OF DEFAULT UNDER THIS LEASE, THIS LIEN MAY BE FORECLOSED WITH OR WITHOUT COURT PROCEEDINGS, BY PUBLIC OR PRIVATE SALE, AND LANDLORD SHALL HAVE THE RIGHT TO BECOME THE PURCHASER UPON BEING THE HIGHEST BIDDER AT SUCH SALE. UPON EXECUTION OF THIS LEASE, AND FROM TIME TO TIME THEREAFTER UPON LANDLORD’S REQUEST, TENANT SHALL EXECUTE AS DEBTOR SUCH FINANCING STATEMENTS OR EXTENSIONS OR CHANGE INSTRUMENTS AS LANDLORD MAY NOW OR HEREAFTER REQUEST IN ORDER THAT SUCH SECURITY INTEREST OR INTEREST MAY BE AND REMAIN PERFECTED PURSUANT TO SAID CODE. LANDLORD MAY AT ITS ELECTION AT ANY TIME FILE A COPY OF THIS LEASE AS A FINANCING STATEMENT. LANDLORD, AS SECURED PARTY, SHALL BE ENTITLED TO ALL OF THE RIGHTS AND REMEDIES AFFORDED A SECURED PARTY UNDER SAID UNIFORM COMMERCIAL CODE, WHICH RIGHTS AND REMEDIES SHALL IN ADDITION TO AND CUMULATIVE OF LANDLORD’S LIENS AND RIGHTS PROVIDED BY LAW OR BY THE OTHER TERMS AND PROVISIONS OF THIS LEASE.

Appears in 7 contracts

Samples: Lease Agreement (Chuy's Holdings, Inc.), Lease Agreement (Chuy's Holdings, Inc.), Lease Agreement (Chuy's Holdings, Inc.)

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LANDLORD'S LIEN. 19.1 PURSUANT TO OHIO LAW, OHIO REV. CODE XXX. § 5322.01 THROUGH § 5322.05, THE LANDLORD HAS A LIEN AGAINST THE TENANT HEREBY GRANTS ON THE PERSONAL PROPERTY STORED PURSUANT TO LANDLORD A FIRST AND PRIOR LIEN AND SECURITY INTEREST RENTAL AGREEMENT IN ANY STORAGE SPACE AT THE SELF-SERVICE STORAGE FACILITY, OR ON ALL PROPERTY OF TENANT, INCLUDING BUT NOT LIMITED TO ALL FIXTURES, MACHINERY, EQUIPMENT, FURNISHINGS, INVENTORY AND OTHER ARTICLES OF PERSONAL PROPERTY, NOW OR HEREAFTER PLACED IN OR UPON THE PREMISES, AND ALSO UPON THE PROCEEDS OF ANY INSURANCE WHICH MAY ACCRUE THE PERSONAL PROPERTY SUBJECT TO TENANT BY REASON THE DEFAULTING TENANT'S RENTAL AGREEMENT IN THE LANDLORD'S POSSESSION, FOR RENT, LABOR, OR OTHER CHARGES IN RELATION TO THE PERSONAL PROPERTY THAT ARE SPECIFIED IN THIS RENTAL AGREEMENT AND THAT HAVE BECOME DUE AND FOR EXPENSES NECESSARY FOR THE PRESERVATION OF DESTRUCTION THE PERSONAL PROPERTY OR EXPENSES REASONABLY INCURRED IN THE SALE OR OTHER DISPOSITION OF OR DAMAGE THE PERSONAL PROPERTY PURSUANT TO ANY SUCH PROPERTYLAW. WITHOUT LANDLORD’S PRIOR WRITTEN CONSENT, SUCH PROPERTY LANDLORD SHALL NOT BE REMOVED FROM LIABLE TO TENANT OR ANY THIRD PARTY FOR THE PREMISES AT ANY TIME WHEN REMOVAL OR SALE OF PERSONAL PROPERTY WHICH IS NOT THE PROPERTY OF THE TENANT OR UPON WHICH A DEFAULT EXISTS UNDER PRIOR LIEN HAS ATTACHED, UNLESS NOTICE SHALL HAVE BEEN GIVEN TO THE LANDLORD BY THE TENANT THAT THE PROPERTY PLACED IN THE STORAGE SPACE WAS NOT THAT OF THE TENANT. If the Tenant does not pay the amount necessary to satisfy the lien and the reasonable expense’s incurred by the Landlord within fourteen (14) days after the delivery of notice, Tenant's property in or on the premises will be advertised for sale and will be sold at a specified time and place as allowed by the Ohio Self-Service Storage Facility Act. The following publicly available website (or other website specified by the Landlord by written notice to the Tenant) may be used by Landlord to advertise and to conduct the bidding for any public sale of Tenant's property as provided by law: xxx.xxxxxxxxxxxxxxxxxxxxx.xxx. Prior to advertising the Tenant's space for sale at public auction, the Tenant's lock will be physically removed, an inventory will be taken of the space's contents and the space will be sealed with a Landlord's over lock and inventory tag. The Landlord is not liable for any damages or claims related to the release, use, or misuse of confidential, proprietary or personal identification information contained in any documents or other media stored by a tenant in the facility or unit after the sale or other disposition of the documents or media. If Landlord reasonably believes that a storage space contains any documents or other media containing confidential, proprietary, or personal identification information, the Landlord is authorized to destroy any or all of the documents or media in lieu of a sale. Landlord may dispose of said property in any manner considered appropriate by Landlord in its sole discretion. Landlord reserves the right to utilize on-line auction services to manage the sale of Tenant’s property as a result of Tenant’s default and the foreclosure of Landlord’s lien. Tenant consents to the use of on-line auction services. MOTOR VEHICLE/WATERCRAFT: IF THE PROPERTY UPON WHICH THE LIEN IS CLAIMED IS A MOTOR VEHICLE OR WATERCRAFT AND RENT AND OTHER CHARGES RELATED TO THE PROPERTY REMAIN UNPAID OR UNSATISFIED FOR SIXTY (60) DAYS FOLLOWING THE MATURITY OF THE OBLIGATION TO PAY RENT, LANDLORD MAY HAVE THE PROPERTY TOWED IN LIEU OF FORECLOSING ON THE LIEN. IF A MOTOR VEHICLE OR WATERCRAFT IS TOWED AS AUTHORIZED IN THIS LEASE. THIS LIEN AND SECURITY INTEREST SHALL SECURE TENANT’S PERFORMANCE HEREUNDERSECTION, AND SHALL BE IN ADDITION TO AND CUMULATIVE OF LANDLORD’S LIENS PROVIDED BY LAW. THIS LEASE SHALL CONSTITUTE A SECURITY AGREEMENT UNDER THE UNIFORM COMMERCIAL CODE SO THAT LANDLORD SHALL HAVE AND MAY ENFORCE A SECURITY INTEREST ON ALL OF SAID PROPERTY. UPON NOT BE LIABLE FOR THE OCCURRENCE OF AN EVENT OF DEFAULT UNDER THIS LEASE, THIS LIEN MAY BE FORECLOSED WITH MOTOR VEHICLE OR WITHOUT COURT PROCEEDINGS, BY PUBLIC WATERCRAFT OR PRIVATE SALE, AND LANDLORD SHALL HAVE ANY DAMAGES TO THE RIGHT TO BECOME MOTOR VEHICLE OR WATERCRAFT ONCE THE PURCHASER UPON BEING THE HIGHEST BIDDER AT SUCH SALE. UPON EXECUTION OF THIS LEASE, AND FROM TIME TO TIME THEREAFTER UPON LANDLORD’S REQUEST, TENANT SHALL EXECUTE AS DEBTOR SUCH FINANCING STATEMENTS OR EXTENSIONS OR CHANGE INSTRUMENTS AS LANDLORD MAY NOW OR HEREAFTER REQUEST IN ORDER THAT SUCH SECURITY INTEREST OR INTEREST MAY BE AND REMAIN PERFECTED PURSUANT TO SAID CODE. LANDLORD MAY AT ITS ELECTION AT ANY TIME FILE A COPY OF THIS LEASE AS A FINANCING STATEMENT. LANDLORD, AS SECURED PARTY, SHALL BE ENTITLED TO ALL TOWER TAKES POSSESSION OF THE RIGHTS AND REMEDIES AFFORDED A SECURED PARTY UNDER SAID UNIFORM COMMERCIAL CODE, WHICH RIGHTS AND REMEDIES SHALL IN ADDITION TO AND CUMULATIVE OF LANDLORD’S LIENS AND RIGHTS PROVIDED BY LAW OR BY THE OTHER TERMS AND PROVISIONS OF THIS LEASEPROPERTY.

Appears in 2 contracts

Samples: Rental Agreement, Rental Agreement

LANDLORD'S LIEN. 19.1 PURSUANT TO OHIO LAW, OHIO REV. CODE XXX. § 5322.01 THROUGH § 5322.05, THE LANDLORD HAS A LIEN AGAINST THE TENANT HEREBY GRANTS ON THE PERSONAL PROPERTY STORED PURSUANT TO LANDLORD A FIRST AND PRIOR LIEN AND SECURITY INTEREST RENTAL AGREEMENT IN ANY STORAGE SPACE AT THE SELF-SERVICE STORAGE FACILITY, OR ON ALL PROPERTY OF TENANT, INCLUDING BUT NOT LIMITED TO ALL FIXTURES, MACHINERY, EQUIPMENT, FURNISHINGS, INVENTORY AND OTHER ARTICLES OF PERSONAL PROPERTY, NOW OR HEREAFTER PLACED IN OR UPON THE PREMISES, AND ALSO UPON THE PROCEEDS OF ANY INSURANCE WHICH MAY ACCRUE THE PERSONAL PROPERTY SUBJECT TO TENANT BY REASON THE DEFAULTING TENANT'S RENTAL AGREEMENT IN THE LANDLORD'S POSSESSION, FOR RENT, LABOR, OR OTHER CHARGES IN RELATION TO THE PERSONAL PROPERTY THAT ARE SPECIFIED IN THIS RENTAL AGREEMENT AND THAT HAVE BECOME DUE AND FOR EXPENSES NECESSARY FOR THE PRESERVATION OF DESTRUCTION THE PERSONAL PROPERTY OR EXPENSES REASONABLY INCURRED IN THE SALE OR OTHER DISPOSITION OF OR DAMAGE THE PERSONAL PROPERTY PURSUANT TO ANY SUCH PROPERTYLAW. WITHOUT LANDLORD’S PRIOR WRITTEN CONSENT, SUCH PROPERTY LANDLORD SHALL NOT BE REMOVED FROM LIABLE TO TENANT OR ANY THIRD PARTY FOR THE PREMISES AT ANY TIME WHEN REMOVAL OR SALE OF PERSONAL PROPERTY WHICH IS NOT THE PROPERTY OF THE TENANT OR UPON WHICH A DEFAULT EXISTS UNDER PRIOR LIEN HAS ATTACHED, UNLESS NOTICE SHALL HAVE BEEN GIVEN TO THE LANDLORD BY THE TENANT THAT THE PROPERTY PLACED IN THE STORAGE SPACE WAS NOT THAT OF THE TENANT. If the Tenant does not pay the amount necessary to satisfy the lien and the reasonable expense’s incurred by the Landlord within fourteen (14) days after the delivery of notice, Tenant's property in or on the premises will be advertised for sale and will be sold at a specified time and place as allowed by the Ohio Self-Service Storage Facility Act. The following publicly available website (or other website specified by the Landlord by written notice to the Tenant) may be used by Landlord to advertise and to conduct the bidding for any public sale of Tenant's property as provided by law: xxx.xxxxxxxxxxxxxxxxxxxxx.xxx. <xxxx://xxx.xxxxxxxxxxxxxxxx.xxx/>Prior to advertising the Tenant's space for sale at public auction, the Tenant's lock will be physically removed, an inventory will be taken of the space's contents and the space will be sealed with a Landlord's over lock and inventory tag. The Landlord is not liable for any damages or claims related to the release, use, or misuse of confidential, proprietary or personal identification information contained in any documents or other media stored by a tenant in the facility or unit after the sale or other disposition of the documents or media. If Landlord reasonably believes that a storage space contains any documents or other media containing confidential, proprietary, or personal identification information, the Landlord is authorized to destroy any or all of the documents or media in lieu of a sale. Landlord may dispose of said property in any manner considered appropriate by Landlord in its sole discretion. Landlord reserves the right to utilize on-line auction services to manage the sale of Tenant’s property as a result of Tenant’s default and the foreclosure of Landlord’s lien. Tenant consents to the use of on-line auction services. MOTOR VEHICLE/WATERCRAFT: IF THE PROPERTY UPON WHICH THE LIEN IS CLAIMED IS A MOTOR VEHICLE OR WATERCRAFT AND RENT AND OTHER CHARGES RELATED TO THE PROPERTY REMAIN UNPAID OR UNSATISFIED FOR SIXTY (60) DAYS FOLLOWING THE MATURITY OF THE OBLIGATION TO PAY RENT, LANDLORD MAY HAVE THE PROPERTY TOWED IN LIEU OF FORECLOSING ON THE LIEN. IF A MOTOR VEHICLE OR WATERCRAFT IS TOWED AS AUTHORIZED IN THIS LEASE. THIS LIEN AND SECURITY INTEREST SHALL SECURE TENANT’S PERFORMANCE HEREUNDERSECTION, AND SHALL BE IN ADDITION TO AND CUMULATIVE OF LANDLORD’S LIENS PROVIDED BY LAW. THIS LEASE SHALL CONSTITUTE A SECURITY AGREEMENT UNDER THE UNIFORM COMMERCIAL CODE SO THAT LANDLORD SHALL HAVE AND MAY ENFORCE A SECURITY INTEREST ON ALL NOT BE LIABLE FOR THE MOTOR VEHICLE OR WATERCRAFT OR ANY DAMAGES TO THE MOTOR VEHICLE OR WATERCRAFT ONCE THE TOWER TAKES POSSESSION OF SAID THE PROPERTY. UPON THE OCCURRENCE OF AN EVENT OF DEFAULT UNDER THIS LEASE, THIS LIEN MAY BE FORECLOSED WITH OR WITHOUT COURT PROCEEDINGS, BY PUBLIC OR PRIVATE SALE, AND LANDLORD SHALL HAVE THE RIGHT TO BECOME THE PURCHASER UPON BEING THE HIGHEST BIDDER AT SUCH SALE. UPON EXECUTION OF THIS LEASE, AND FROM TIME TO TIME THEREAFTER UPON LANDLORD’S REQUEST, TENANT SHALL EXECUTE AS DEBTOR SUCH FINANCING STATEMENTS OR EXTENSIONS OR CHANGE INSTRUMENTS AS LANDLORD MAY NOW OR HEREAFTER REQUEST IN ORDER THAT SUCH SECURITY INTEREST OR INTEREST MAY BE AND REMAIN PERFECTED PURSUANT TO SAID CODE. LANDLORD MAY AT ITS ELECTION AT ANY TIME FILE A COPY OF THIS LEASE AS A FINANCING STATEMENT. LANDLORD, AS SECURED PARTY, SHALL BE ENTITLED TO ALL OF THE RIGHTS AND REMEDIES AFFORDED A SECURED PARTY UNDER SAID UNIFORM COMMERCIAL CODE, WHICH RIGHTS AND REMEDIES SHALL IN ADDITION TO AND CUMULATIVE OF LANDLORD’S LIENS AND RIGHTS PROVIDED BY LAW OR BY THE OTHER TERMS AND PROVISIONS OF THIS LEASE.#pb

Appears in 2 contracts

Samples: Rental Agreement, Rental Agreement

LANDLORD'S LIEN. 19.1 LANDLORD HAS A CONTRACTUAL LIEN FOR UNPAID RENT THAT IS DUE AND THE LIEN ATTACHES TO NON-EXEMPT PROPERTY AS DEFINED BY (*SECTION CONFIDENTIAL) OF THE (*STATE CONFIDENTIAL*) PROPERTY CODE THAT IS IN THE LEASED PREMISES OR Tenant HAS STORED IN A STORAGE ROOM. IT IS EXPRESSLY AGREED THAT, IN THE EVENT OF DEFAULT BY TENANT HEREBY GRANTS TO UNDER THIS LEASE, LANDLORD SHALL HAVE A FIRST AND PRIOR LIEN AND SECURITY INTEREST ON UPON ALL GOODS, CHATTELS, OR PERSONAL PROPERTY OF TENANTANY DESCRIPTION BELONGING TO TENANT THAT ARE PLACED IN, INCLUDING BUT NOT LIMITED TO ALL FIXTURESOR BECOME A PART OF, MACHINERY, EQUIPMENT, FURNISHINGS, INVENTORY AND OTHER ARTICLES OF PERSONAL PROPERTY, NOW OR HEREAFTER PLACED IN OR UPON THE LEASED PREMISES, AS SECURITY FOR RENT DUE AND ALSO UPON TO BECOME DUE FOR THE PROCEEDS REMAINDER OF ANY INSURANCE WHICH MAY ACCRUE TO TENANT BY REASON OF DESTRUCTION OF OR DAMAGE TO ANY SUCH PROPERTYTHE CURRENT LEASE TERM. WITHOUT LANDLORD’S PRIOR WRITTEN CONSENT, SUCH PROPERTY THIS LIEN SHALL NOT BE REMOVED FROM IN LIEU OF, OR ANY WAY AFFECT, THE PREMISES AT ANY TIME WHEN A DEFAULT EXISTS UNDER THIS LEASESTATUTORY LANDLORD’S LIEN GIVEN CONFIDENTIAL TREATMENT REQUESTED Portions of this exhibits indicated by “(*[TEXT]*)” have been omitted pursuant to a request for confidential treatment and such omitted portions have been filed separately with the Securities and Exchange Commission. THIS LIEN AND SECURITY INTEREST SHALL SECURE TENANT’S PERFORMANCE HEREUNDER, AND BY LAW BUT SHALL BE IN ADDITION TO THAT LIEN, AND CUMULATIVE OF LANDLORD’S LIENS PROVIDED BY LAW. THIS LEASE SHALL CONSTITUTE A SECURITY AGREEMENT UNDER THE UNIFORM COMMERCIAL CODE SO THAT TENANT GRANTS TO LANDLORD SHALL HAVE AND MAY ENFORCE A SECURITY INTEREST IN ALL PERSONAL PROPERTY PLACED IN OR ON THE LEASED PREMISES FOR PURPOSES OF THIS CONTRACTUAL LIEN. THIS ORDINARY COURSE OF BUSINESS FREE OF SUCH LIEN TO LANDLORD. IF LANDLORD EXERCISES THE OPTION TO TERMINATE THE LEASEHOLD, REENTER, AND RELET THE PREMISES, AS PROVIDED IN THE PRECEDING PARAGRAPH, AND GIVES TENANT REASONABLE NOTICE OF ITS INTENT TO TAKE POSSESSION OF TENANT’S PROPERTY ON THE PREMISES AND AN OPPORTUNITY FOR A HEARING ON THE MATTER, LANDLORD MAY TAKE POSSESSION OF ALL OF SAID TENANT’S PROPERTY ON THE PREMISES. 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, LANDLORD MAY THEN SELL THE PROPERTY AT PUBLIC OR PRIVATE SALE AFTER TEN DAYS WRITTEN NOTICE TO TENANT, FOR CASH OR ON CREDIT, FOR SUCH PRICES AND TERMS AS LANDLORD DEEMS BEST, WITH OR WITHOUT HAVING THE PROPERTY PRESENT AT THE SALE. THE PROCEEDS OF THE SALE SHALL BE APPLIED FIRST TO THE NECESSARY AND PROPER EXPENSE OF REMOVING, STORING, AND SELLING SUCH PROPERTY. UPON , THEN TO THE OCCURRENCE PAYMENT OF AN EVENT OF DEFAULT ANY RENT DUE OR TO BECOME DUE UNDER THIS LEASE, THIS LIEN MAY WITH THE BALANCE, IF ANY, TO BE FORECLOSED WITH OR WITHOUT COURT PROCEEDINGS, BY PUBLIC OR PRIVATE SALE, AND LANDLORD SHALL HAVE THE RIGHT PAID TO BECOME THE PURCHASER UPON BEING THE HIGHEST BIDDER AT SUCH SALE. UPON EXECUTION OF THIS LEASE, AND FROM TIME TO TIME THEREAFTER UPON LANDLORD’S REQUEST, TENANT SHALL EXECUTE AS DEBTOR SUCH FINANCING STATEMENTS OR EXTENSIONS OR CHANGE INSTRUMENTS AS LANDLORD MAY NOW OR HEREAFTER REQUEST IN ORDER THAT SUCH SECURITY INTEREST OR INTEREST MAY BE AND REMAIN PERFECTED PURSUANT TO SAID CODE. LANDLORD MAY AT ITS ELECTION AT ANY TIME FILE A COPY OF THIS LEASE AS A FINANCING STATEMENT. LANDLORD, AS SECURED PARTY, SHALL BE ENTITLED TO ALL OF THE RIGHTS AND REMEDIES AFFORDED A SECURED PARTY UNDER SAID UNIFORM COMMERCIAL CODE, WHICH RIGHTS AND REMEDIES SHALL IN ADDITION TO AND CUMULATIVE OF LANDLORD’S LIENS AND RIGHTS PROVIDED BY LAW OR BY THE OTHER TERMS AND PROVISIONS OF THIS LEASETENANT.

Appears in 2 contracts

Samples: Lease Agreement, Confidential Treatment (VCG Holding Corp)

LANDLORD'S LIEN. 19.1 TENANT HEREBY GRANTS TO LANDLORD THE OWNER (LANDLORD) OF A FIRST SELF-SERVICE STORAGE FACILITY OR A SELF- CONTAINED STORAGE UNIT AND PRIOR THE HEIRS, PERSONAL REPRESENTATIVES, SUCCESSORS, AND ASSIGNEES OF THE OWNER HAVE A LIEN AND SECURITY INTEREST ON UPON ALL PROPERTY OF TENANT, INCLUDING BUT NOT LIMITED TO ALL FIXTURES, MACHINERY, EQUIPMENT, FURNISHINGS, INVENTORY AND OTHER ARTICLES OF PERSONAL PROPERTY, NOW WHETHER OR HEREAFTER PLACED NOT OWNED BY THE TENANT, LOCATED AT THE SELF-SERVICE STORAGE FACILITY OR SELF-CONTAINED STORAGE UNIT FOR RENT OR OTHER LAWFUL CHARGES INCURRED RELATIVE TO THE STORAGE OF THE PERSONAL PROPERTY, INCLUDING EXPENSES NECESSARY FOR ITS PRESERVATION, OR REASONABLY INCURRED IN OR UPON ITS SALE PURSUANT TO THE PREMISESMICHIGAN SELF-SERVICE STORAGE FACILITY ACT, AND ALSO UPON THE PROCEEDS OF ANY INSURANCE WHICH MAY ACCRUE TO TENANT BY REASON OF DESTRUCTION OF OR DAMAGE TO ANY SUCH PROPERTYMICH. WITHOUT LANDLORD’S PRIOR WRITTEN CONSENT, SUCH PROPERTY COMP. XXXX XXX. § 570.521 ET SEQ. LANDLORD SHALL NOT BE REMOVED FROM LIABLE TO TENANT OR ANY THIRD PARTY FOR THE PREMISES AT ANY TIME WHEN REMOVAL OR SALE OF PERSONAL PROPERTY WHICH IS NOT THE PROPERTY OF THE TENANT OR UPON WHICH A DEFAULT EXISTS UNDER PRIOR LIEN HAS ATTACHED, UNLESS NOTICE SHALL HAVE BEEN GIVEN TO THE LANDLORD BY THE TENANT THAT THE PROPERTY PLACED IN THE STORAGE SPACE WAS NOT THAT OF THE TENANT. If the Tenant does not pay the amount necessary to satisfy the lien and the reasonable expenses incurred by the Landlord within fourteen (14) days after the delivery of notice, Tenant's property in or on the premises will be advertised for sale and will be sold at a specified time and place as allowed by the Michigan Self-Service Storage Facility Act. The following publicly available website (or other website specified by the Landlord by written notice to the Tenant) may be used by Landlord to advertise and to conduct the bidding for any public sale of Tenant's property as provided by law: xxx.xxxxxxxxxxxxxxxxxxxxx.xxx. Prior to advertising the Tenant's space for sale at public auction, the Tenant's lock will be physically removed, an inventory will be taken of the space's contents and the space will be sealed with a Landlord's over lock and inventory tag. The Landlord is not liable for any damages or claims related to the release, use, or misuse of confidential, proprietary or personal identification information contained in any documents or other media stored by a tenant in the facility or unit after the sale or other disposition of the documents or media. If Landlord reasonably believes that a storage space contains any documents or other media containing confidential, proprietary, or personal identification information, the Landlord is authorized to destroy any or all of the documents or media in lieu of a sale. Landlord may dispose of said property in any manner considered appropriate by Landlord in its sole discretion. Landlord reserves the right to utilize on-line auction services to manage the sale of Tenant’s property as a result of Tenant’s default and the foreclosure of Landlord’s lien. Tenant consents to the use of on-line auction services. IF THE PROPERTY UPON WHICH THE LIEN IS CLAIMED IS A MOTOR VEHICLE, AIRCRAFT, MOBILE HOME, MOPED, MOTORCYCLE, SNOWMOBILE, TRAILER, OR WATERCRAFT AND RENT AND OTHER CHARGES RELATED TO THE PROPERTY REMAIN UNPAID OR UNSATISFIED FOR SIXTY (60) DAYS FOLLOWING THE MATURITY OF THE OBLIGATION TO PAY RENT, LANDLORD MAY HAVE THE PROPERTY TOWED IN LIEU OF FORECLOSING ON THE LIEN. IF A MOTOR VEHICLE, AIRCRAFT, MOBILE HOME, MOPED, MOTORCYCLE, SNOWMOBILE, TRAILER, OR WATERCRAFT IS TOWED AS AUTHORIZED IN THIS LEASE. THIS LIEN AND SECURITY INTEREST SHALL SECURE TENANT’S PERFORMANCE HEREUNDERSECTION, AND SHALL BE IN ADDITION TO AND CUMULATIVE OF LANDLORD’S LIENS PROVIDED BY LAW. THIS LEASE SHALL CONSTITUTE A SECURITY AGREEMENT UNDER THE UNIFORM COMMERCIAL CODE SO THAT LANDLORD SHALL HAVE AND MAY ENFORCE A SECURITY INTEREST ON ALL OF SAID PROPERTY. UPON NOT BE LIABLE FOR THE OCCURRENCE OF AN EVENT OF DEFAULT UNDER THIS LEASEMOTOR VEHICLE, THIS LIEN MAY BE FORECLOSED WITH AIRCRAFT, MOBILE HOME, MOPED, MOTORCYCLE, SNOWMOBILE, TRAILER, OR WITHOUT COURT PROCEEDINGSWATERCRAFT OR ANY DAMAGES TO THE MOTOR VEHICLE, BY PUBLIC AIRCRAFT, MOBILE HOME, MOPED, MOTORCYCLE, SNOWMOBILE, TRAILER, OR PRIVATE SALE, AND LANDLORD SHALL HAVE WATERCRAFT ONCE THE RIGHT TO BECOME THE PURCHASER UPON BEING THE HIGHEST BIDDER AT SUCH SALE. UPON EXECUTION OF THIS LEASE, AND FROM TIME TO TIME THEREAFTER UPON LANDLORD’S REQUEST, TENANT SHALL EXECUTE AS DEBTOR SUCH FINANCING STATEMENTS OR EXTENSIONS OR CHANGE INSTRUMENTS AS LANDLORD MAY NOW OR HEREAFTER REQUEST IN ORDER THAT SUCH SECURITY INTEREST OR INTEREST MAY BE AND REMAIN PERFECTED PURSUANT TO SAID CODE. LANDLORD MAY AT ITS ELECTION AT ANY TIME FILE A COPY OF THIS LEASE AS A FINANCING STATEMENT. LANDLORD, AS SECURED PARTY, SHALL BE ENTITLED TO ALL TOWER TAKES POSSESSION OF THE RIGHTS AND REMEDIES AFFORDED A SECURED PARTY UNDER SAID UNIFORM COMMERCIAL CODE, WHICH RIGHTS AND REMEDIES SHALL IN ADDITION TO AND CUMULATIVE OF LANDLORD’S LIENS AND RIGHTS PROVIDED BY LAW OR BY THE OTHER TERMS AND PROVISIONS OF THIS LEASEPROPERTY.

Appears in 2 contracts

Samples: Rental Agreement, Rental Agreement

LANDLORD'S LIEN. 19.1 LANDLORD SHALL HAVE AND TENANT HEREBY GRANTS TO LANDLORD A FIRST AND PRIOR LIEN AND CONTINUING SECURITY INTEREST ON FOR ALL PROPERTY RENT AND OTHER SUMS OF MONEY BECOMING DUE HEREUNDER FROM TENANT, INCLUDING BUT NOT LIMITED TO UPON ALL FIXTURESGOODS, MACHINERYWARES, EQUIPMENT, FURNISHINGSFIXTURES, INVENTORY FURNITURE, INVENTORY, ACCOUNTS, CONTRACT RIGHTS, CHATTEL PAPER AND OTHER ARTICLES PERSONAL PROPERTY OF PERSONAL PROPERTY, NOW OR HEREAFTER PLACED IN OR UPON TENANT SITUATED ON THE PREMISES, WHICH IS LOCATED AT 00000 XXXXXXXX XXXXXXXXX, XXXXXX, XXXXX 00000, AND ALSO UPON THE PROCEEDS OF ANY INSURANCE WHICH MAY ACCRUE TO TENANT BY REASON OF DESTRUCTION OF OR DAMAGE TO ANY SUCH PROPERTY. WITHOUT LANDLORD’S PRIOR WRITTEN CONSENT, SUCH PROPERTY SHALL NOT BE REMOVED FROM THEREFROM WITHOUT THE PREMISES AT CONSENT OF LANDLORD UNTIL ALL ARREARAGES IN RENT AS WELL AS ANY TIME WHEN A DEFAULT EXISTS UNDER THIS LEASEAND ALL OTHER SUMS OF MONEY THEN DUE TO LANDLORD HEREUNDER SHALL FIRST HAVE BEEN PAID AND DISCHARGED. THIS LIEN AND SECURITY INTEREST SHALL SECURE TENANT’S PERFORMANCE HEREUNDER, AND SHALL BE PRODUCTS OF COLLATERAL ARE ALSO COVERED. IN ADDITION TO AND CUMULATIVE OF LANDLORD’S LIENS PROVIDED BY LAW. THIS LEASE SHALL CONSTITUTE A SECURITY AGREEMENT UNDER THE UNIFORM COMMERCIAL CODE SO THAT LANDLORD SHALL HAVE AND MAY ENFORCE A SECURITY INTEREST ON ALL OF SAID PROPERTY. UPON THE OCCURRENCE OF AN EVENT OF A DEFAULT UNDER THIS LEASE, THIS LIEN MAY BE FORECLOSED WITH OR WITHOUT COURT PROCEEDINGS, BY PUBLIC OR PRIVATE SALE, AND LANDLORD SHALL HAVE THE RIGHT HAVE, IN ADDITION TO BECOME THE PURCHASER UPON BEING THE HIGHEST BIDDER AT SUCH SALE. UPON EXECUTION OF THIS LEASEANY OTHER REMEDIES PROVIDED HEREIN OR BY LAW, AND FROM TIME TO TIME THEREAFTER UPON LANDLORD’S REQUEST, TENANT SHALL EXECUTE AS DEBTOR SUCH FINANCING STATEMENTS OR EXTENSIONS OR CHANGE INSTRUMENTS AS LANDLORD MAY NOW OR HEREAFTER REQUEST IN ORDER THAT SUCH SECURITY INTEREST OR INTEREST MAY BE AND REMAIN PERFECTED PURSUANT TO SAID CODE. LANDLORD MAY AT ITS ELECTION AT ANY TIME FILE A COPY OF THIS LEASE AS A FINANCING STATEMENT. LANDLORD, AS SECURED PARTY, SHALL BE ENTITLED TO ALL OF THE RIGHTS AND REMEDIES AFFORDED A SECURED PARTY UNDER SAID THE UNIFORM COMMERCIAL CODE, WHICH RIGHTS AND REMEDIES SHALL INCLUDING WITHOUT LIMITATION THE RIGHT TO SELL THE PROPERTY DESCRIBED IN THIS PARAGRAPH AT PUBLIC OR PRIVATE SALE UPON FIVE (5) DAYS NOTICE TO TENANT. TENANT HEREBY AGREES TO EXECUTE SUCH OTHER INSTRUMENTS NECESSARY OR DESIRABLE IN LANDLORD’S DISCRETION TO PERFECT THE SECURITY INTEREST HEREBY CREATED. ANY STATUTORY LIEN FOR RENT IS NOT HEREBY WAIVED, THE EXPRESS CONTRACTUAL LIEN HEREIN GRANTED BEING IN ADDITION TO AND CUMULATIVE OF LANDLORD’S LIENS SUPPLEMENTARY THERETO. LANDLORD AND RIGHTS PROVIDED BY LAW TENANT AGREE THAT THIS LEASE AND SECURITY AGREEMENT SERVES AS A FINANCING STATEMENT AND THAT A COPY OR BY THE PHOTOGRAPHIC OR OTHER TERMS AND PROVISIONS REPRODUCTION OF THIS LEASEPORTION OF THIS LEASE MAY BE FILED OF RECORD BY LANDLORD AND HAVE THE SAME FORCE AND EFFECT AS THE ORIGINAL. THIS SECURITY AGREEMENT AND FINANCING STATEMENT ALSO COVERS FIXTURES LOCATED AT THE PREMISES, AND MAY BE FILED FOR RECORD IN THE REAL ESTATE RECORDS. TENANT WARRANT THAT THE COLLATERAL SUBJECT TO THE SECURITY INTEREST GRANTED HEREIN IS NOT PURCHASED OR USED BY TENANT FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES.

Appears in 2 contracts

Samples: Sublease Agreement, Commercial Sublease Agreement (CreditCards.com, Inc.)

LANDLORD'S LIEN. 19.1 TO SECURE THE PAYMENTS OF ALL RENT DUE AND TO BECOME DUE HEREUNDER, AND THE FAITHFUL PERFORMANCE OF ALL OF THE OTHER COVENANTS OF THIS LEASE REQUIRED BY TENANT TO BE PERFORMED, TENANT HEREBY GRANTS GIVES TO LANDLORD A FIRST AND PRIOR AN EXPRESS CONTRACT LIEN ON AND SECURITY INTEREST ON IN ALL PROPERTY OF TENANTPROPERTY, INCLUDING BUT NOT LIMITED TO ALL FIXTURES, MACHINERY, EQUIPMENT, FURNISHINGSINVENTORY, INVENTORY FURNISHINGS AND OTHER ARTICLES OF PERSONAL PROPERTY, FIXTURES WHICH MAY NOW OR HEREAFTER BE PLACED IN OR UPON THE PREMISES, LEASED PREMISES AND ALSO UPON ALL PROCEEDS OF ANY OF THE FOREGOING, INCLUDING BUT NOT LIMITED TO PROCEEDS OF ANY INSURANCE WHICH MAY ACCRUE TO TENANT BY REASON OF DAMAGE TO OR DESTRUCTION OF OR DAMAGE TO ANY SUCH PROPERTY. WITHOUT LANDLORD’S PRIOR WRITTEN CONSENTTO THE EXTENT PERMITTED BY LAW, SUCH PROPERTY SHALL NOT BE REMOVED FROM THE PREMISES AT ANY TIME WHEN A DEFAULT EXISTS UNDER THIS LEASEALL EXEMPTION LAWS ARE HEREBY WAIVED BY TENANT. THIS LIEN AND SECURITY INTEREST SHALL SECURE TENANTIS GIVEN IN ADDITION TO LANDLORD’S PERFORMANCE HEREUNDER, STATUTORY LIEN(S) AND SHALL BE IN ADDITION TO AND CUMULATIVE OF LANDLORD’S LIENS PROVIDED BY LAWTHERETO. THIS LEASE SHALL CONSTITUTE A SECURITY AGREEMENT UNDER THE UNIFORM COMMERCIAL CODE SO THAT LANDLORD SHALL HAVE LIEN AND MAY ENFORCE A SECURITY INTEREST ON ALL OF SAID PROPERTY. UPON THE OCCURRENCE OF AN EVENT OF DEFAULT UNDER THIS LEASE, THIS LIEN MAY BE FORECLOSED WITH OR WITHOUT COURT PROCEEDINGS, BY PUBLIC OR PRIVATE SALE, WITH SUCH NOTICE AS MAY BE REQUIRED BY LAW, AND LANDLORD SHALL HAVE THE RIGHT TO BECOME THE PURCHASER PURCHASER, UPON BEING THE HIGHEST BIDDER AT SUCH SALE. UPON EXECUTION REQUEST OF THIS LEASE, AND FROM TIME TO TIME THEREAFTER UPON LANDLORD’S REQUEST, TENANT SHALL AGREES TO EXECUTE AS DEBTOR SUCH UNIFORM COMMERCIAL CODE FINANCING STATEMENTS OR EXTENSIONS OR CHANGE INSTRUMENTS AS LANDLORD MAY NOW OR HEREAFTER REQUEST IN ORDER THAT SUCH RELATING TO THE ABOVE GRANTED LIEN AND SECURITY INTEREST OR INTEREST MAY BE AND REMAIN PERFECTED PURSUANT TO SAID CODE. LANDLORD MAY AT ITS ELECTION AT ANY TIME FILE A COPY OF THIS LEASE AS A FINANCING STATEMENT. LANDLORD, AS SECURED PARTY, SHALL BE ENTITLED TO ALL OF THE RIGHTS AND REMEDIES AFFORDED A SECURED PARTY UNDER SAID UNIFORM COMMERCIAL CODE, WHICH RIGHTS AND REMEDIES SHALL IN ADDITION TO AND CUMULATIVE OF LANDLORD’S LIENS AND RIGHTS PROVIDED BY LAW OR BY THE OTHER TERMS AND PROVISIONS OF THIS LEASEINTEREST.

Appears in 2 contracts

Samples: Lease Agreement (Vincera, Inc.), Lease Agreement (Vincera, Inc.)

LANDLORD'S LIEN. 19.1 TO SECURE THE PAYMENT OF ALL RENT DUE AND TO BECOME DUE HEREUNDER AND THE FAITHFUL PERFORMANCE OF THIS LEASE BY TENANT, TENANT HEREBY GRANTS GIVES TO LANDLORD A FIRST AND PRIOR AN EXPRESS CONTRACT LIEN AND SECURITY INTEREST ON ALL PROPERTY OF (INCLUDING, WITHOUT LIMITATION, TENANT'S MERCHANDISE, INCLUDING BUT NOT LIMITED TO ALL FIXTURESINVENTORY, MACHINERYSUPPLIES, EQUIPMENT, FURNISHINGS, INVENTORY AND OTHER ARTICLES OF PERSONAL PROPERTY, NOW OR HEREAFTER ETC.) WHICH MAY BE PLACED IN OR UPON THE PREMISES, AND ALSO UPON THE ALL PROCEEDS OF ANY INSURANCE WHICH MAY ACCRUE TO TENANT BY REASON OF DESTRUCTION OF OR DAMAGE TO ANY SUCH PROPERTY, SUBJECT TO ONLY TO A FIRST PRIORITY PURCHASE MONEY LIEN ON MERCHANDISE, INVENTORY AND SUPPLIES (BUT IN NO EVENT ON FIXTURES) IN FAVOR OF FIRSTAR BANK OR ANOTHER BONA FIDE THIRD PARTY LENDER. WITHOUT LANDLORD’S PRIOR WRITTEN CONSENT, SUCH PROPERTY SHALL NOT BE REMOVED FROM THEREFROM WITHOUT THE PREMISES AT ANY TIME WHEN A DEFAULT EXISTS UNDER THIS LEASEWRITTEN CONSENT OF LANDLORD UNTIL ALL ARREARAGES IN RENT THEN DUE TO LANDLORD HEREUNDER SHALL FIRST HAVE BEEN PAID. ALL EXEMPTION LAWS ARE HEREBY WAIVED IN FAVOR OF SAID LIEN AND SECURITY INTEREST. THIS LIEN AND SECURITY INTEREST SHALL SECURE TENANT’S PERFORMANCE HEREUNDER, IS GIVEN IN ADDITION TO LANDLORD'S STATUTORY LIEN AND SHALL BE IN ADDITION TO AND CUMULATIVE OF LANDLORD’S LIENS PROVIDED BY LAW. THIS LEASE SHALL CONSTITUTE A SECURITY AGREEMENT UNDER THE UNIFORM COMMERCIAL CODE SO THAT LANDLORD SHALL HAVE AND MAY ENFORCE A SECURITY INTEREST ON ALL OF SAID PROPERTYTHERETO. UPON THE OCCURRENCE OF AN EVENT OF DEFAULT UNDER THIS LEASEDEFAULT, THIS LIEN MAY BE FORECLOSED WITH OR WITHOUT COURT PROCEEDINGS, PROCEEDINGS BY PUBLIC OR PRIVATE SALE, PROVIDED LANDLORD GIVES TENANT AT LEAST THIRTY (30) DAYS NOTICE OF THE TIME AND PLACE OF SAID SALE, AND LANDLORD SHALL HAVE THE RIGHT TO BECOME THE PURCHASER PURCHASER, UPON BEING THE HIGHEST BIDDER AT SUCH SALE. UPON CONTEMPORANEOUS WITH THE EXECUTION OF THIS LEASE, LEASE (AND FROM IF REQUESTED HEREAFTER AT ANY TIME TO TIME THEREAFTER UPON BY LANDLORD’S REQUEST), TENANT SHALL EXECUTE AS DEBTOR SUCH AND DELIVER TO LANDLORD UNIFORM COMMERCIAL CODE FINANCING STATEMENTS OR EXTENSIONS OR IN SUFFICIENT FORM SO THAT WHEN PROPERLY FILED, THE SECURITY INTEREST HEREBY GIVEN SHALL THEREUPON BE PERFECTED. IF REQUESTED HEREAFTER BY LANDLORD, TENANT SHALL ALSO EXECUTE AND DELIVER TO LANDLORD UNIFORM COMMERCIAL CODE FINANCING STATEMENT CHANGE INSTRUMENTS AS LANDLORD MAY NOW IN SUFFICIENT FORM TO REFLECT ANY PROPER AMENDMENT OR HEREAFTER REQUEST MODIFICATION IN ORDER THAT SUCH SECURITY INTEREST OR INTEREST MAY BE EXTENSION OF THE AFORESAID CONTRACT LIEN AND REMAIN PERFECTED PURSUANT TO SAID CODE. LANDLORD MAY AT ITS ELECTION AT ANY TIME FILE A COPY OF THIS LEASE AS A FINANCING STATEMENT. LANDLORD, AS SECURED PARTY, SHALL BE ENTITLED TO ALL OF THE RIGHTS AND REMEDIES AFFORDED OF A SECURED PARTY UNDER SAID THE UNIFORM COMMERCIAL CODE, WHICH RIGHTS AND REMEDIES SHALL CODE AS ADOPTED IN ADDITION THE STATE OF CALIFORNIA FROM TIME TO AND CUMULATIVE OF LANDLORD’S LIENS AND RIGHTS PROVIDED BY LAW OR BY THE OTHER TERMS AND PROVISIONS OF THIS LEASETIME.

Appears in 2 contracts

Samples: Lease Agreement (Build a Bear Workshop Inc), Lease Agreement (Build a Bear Workshop Inc)

LANDLORD'S LIEN. 19.1 LANDLORD SHALL HAVE AND TENANT HEREBY GRANTS TO LANDLORD A FIRST AND PRIOR LIEN AND CONTINUING SECURITY INTEREST ON FOR ALL PROPERTY RENT AND OTHER SUMS OF MONEY BECOMING DUE HEREUNDER FROM TENANT, INCLUDING BUT NOT LIMITED TO UPON ALL FIXTURESGOODS, MACHINERYWARES, EQUIPMENT, FURNISHINGSFIXTURES, FURNITURE AND INVENTORY AND OTHER ARTICLES OF PERSONAL PROPERTY, NOW OR HEREAFTER PLACED IN OR UPON SITUATED ON THE PREMISES, WHICH IS LOCATED AT 12,331-A, 12,331-B OR 12,357-A, RIATA TRACE PARKWAY, AUSTIN, TEXAS, AND ALSO UPON THE PROCEEDS OF ANY INSURANCE WHICH MAY ACCRUE TO TENANT BY REASON OF DESTRUCTION OF OR DAMAGE TO ANY SUCH PROPERTY. WITHOUT LANDLORD’S PRIOR WRITTEN CONSENT, SUCH PROPERTY SHALL NOT BE REMOVED FROM THEREFROM OTHER THAN IN THE PREMISES AT ORDINARY COURSE OF BUSINESS WITHOUT THE CONSENT OF LANDLORD UNTIL ALL ARREARAGES IN RENT AS WELL AS ANY TIME WHEN A DEFAULT EXISTS UNDER THIS LEASEAND ALL OTHER SUMS OF MONEY THEN DUE TO LANDLORD HEREUNDER SHALL FIRST HAVE BEEN PAID AND DISCHARGED. THIS LIEN AND SECURITY INTEREST SHALL SECURE TENANT’S PERFORMANCE HEREUNDER, AND SHALL BE PRODUCTS OF COLLATERAL ARE ALSO COVERED. IN ADDITION TO AND CUMULATIVE OF LANDLORD’S LIENS PROVIDED BY LAW. THIS LEASE SHALL CONSTITUTE A SECURITY AGREEMENT UNDER THE UNIFORM COMMERCIAL CODE SO THAT LANDLORD SHALL HAVE AND MAY ENFORCE A SECURITY INTEREST ON ALL OF SAID PROPERTY. UPON THE OCCURRENCE OF AN EVENT OF A DEFAULT UNDER THIS LEASE, THIS LIEN MAY BE FORECLOSED WITH OR WITHOUT COURT PROCEEDINGS, BY PUBLIC OR PRIVATE SALE, AND LANDLORD SHALL HAVE THE RIGHT HAVE, IN ADDITION TO BECOME THE PURCHASER UPON BEING THE HIGHEST BIDDER AT SUCH SALE. UPON EXECUTION OF THIS LEASEANY OTHER REMEDIES PROVIDED HEREIN OR BY LAW, AND FROM TIME TO TIME THEREAFTER UPON LANDLORD’S REQUEST, TENANT SHALL EXECUTE AS DEBTOR SUCH FINANCING STATEMENTS OR EXTENSIONS OR CHANGE INSTRUMENTS AS LANDLORD MAY NOW OR HEREAFTER REQUEST IN ORDER THAT SUCH SECURITY INTEREST OR INTEREST MAY BE AND REMAIN PERFECTED PURSUANT TO SAID CODE. LANDLORD MAY AT ITS ELECTION AT ANY TIME FILE A COPY OF THIS LEASE AS A FINANCING STATEMENT. LANDLORD, AS SECURED PARTY, SHALL BE ENTITLED TO ALL OF THE RIGHTS AND REMEDIES AFFORDED A SECURED PARTY UNDER SAID THE UNIFORM COMMERCIAL CODE, WHICH RIGHTS AND REMEDIES SHALL INCLUDING WITHOUT LIMITATION THE RIGHT TO SELL THE PROPERTY DESCRIBED IN THIS PARAGRAPH AT PUBLIC OR PRIVATE SALE UPON FIVE (5) DAYS NOTICE TO TENANT. TENANT HEREBY AGREES TO EXECUTE SUCH OTHER INSTRUMENTS REASONABLY REQUIRED TO PERFECT THE SECURITY INTEREST HEREBY CREATED. ANY STATUTORY LIEN FOR RENT IS NOT HEREBY WAIVED, THE EXPRESS CONTRACTUAL LIEN HEREIN GRANTED BEING IN ADDITION TO AND CUMULATIVE OF LANDLORD’S LIENS SUPPLEMENTARY THERETO. LANDLORD AND RIGHTS PROVIDED BY LAW TENANT AGREE THAT THIS LEASE AND SECURITY AGREEMENT SERVES AS A FINANCING STATEMENT AND THAT A COPY OR BY THE PHOTOGRAPHIC OR OTHER TERMS AND PROVISIONS REPRODUCTION OF THIS LEASE.PORTION OF THIS LEASE MAY BE FILED OF RECORD BY LANDLORD AND HAVE THE SAME FORCE AND EFFECT AS THE ORIGINAL. THIS SECURITY AGREEMENT AND FINANCING STATEMENT ALSO COVERS FIXTURES LOCATED AT THE PREMISES, AND MAY BE FILED FOR RECORD IN THE REAL ESTATE RECORDS. TENANT WARRANTS THAT THE COLLATERAL SUBJECT TO THE SECURITY INTEREST GRANTED HEREIN IS NOT PURCHASED OR USED BY TENANT FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES. NOTWITHSTANDING THE FOREGOING, LANDLORD SHALL, UPON REQUEST BY TENANT, SUBORDINATE ITS SECURITY INTEREST AS AFORESAID TO ANY LINE OF CREDIT LENDER AND/OR ANY EQUIPMENT LESSOR DESIGNATED BY TENANT, PURSUANT TO A SUBORDINATION AGREEMENT REASONABLY ACCEPTABLE TO LANDLORD. IN WITNESS WHEREOF, the parties hereto have executed this Lease. LANDLORD: CARRAMERICA REALTY, L.P., a Delaware limited partnership, t/a Riata Corporate Park Address: By: CarrAmerica Realty GP Holdings, Inc., a Delaware corporation, General Partner 000 Xxxx 00xx Xxxxxx, Xxxxx 0000 Xxxxxx, Xxxxx 00000 Attn: Market Officer By: /s/ Xxxxxx X. Xxxxxxxx ------------------------------------------- Name: Xxxxxx X. Xxxxxxxx ----------------------------------------- Title: Vice President ---------------------------------------- TENANT: Address: NETSOLVE, INCORPORATED, a Delaware corporation 0000 Xxxxxxxxxx Xxxx, Xxxxx 000 Xxxxxx, Xxxxx 00000 By: /s/ Xxx Xxxxxx Attn: Chief Financial Officer ------------------------------------------- Name: Xxx Xxxxxx ----------------------------------------- Title: VP Finance & CFO ---------------------------------------- APPENDIX A LEGAL DESCRIPTION OF LAND AND PLAN OF THE PREMISES Xxxx 0, 0, 0, 0 xxx 0, Xxxxxxx Xxxx, Riata Section Two, Block B, recorded in Book 98, Page 19, of the Plat Records of Xxxxxx County, Texas. (see attached floor plan depicting the Premises) INITIAL PROJECT SITE PLAN APPENDIX B RULES AND REGULATIONS

Appears in 1 contract

Samples: Lease (Netsolve Inc)

LANDLORD'S LIEN. 19.1 TENANT LESSEE HEREBY GRANTS TO LANDLORD LESSOR A FIRST LIEN AS SECURITY FOR THE PAYMENT OF RENT, DAMAGES AND PRIOR ALL OTHER PAYMENTS AND OBLIGATIONS REQUIRED PURSUANT TO THE TERMS CONTAINED HEREIN UPON ALL GOODS, WARES, CHATTELS, IMPLEMENTS, FIXTURES, FURNITURE, TOOLS AND OTHER PERSONAL PROPERTY WHICH ARE OR MAY BE PUT ON, INSTALLED IN OR CONSTRUCTED UPON THE LEASED PREMISES, PROVIDED, HOWEVER, THAT THE LIEN AND SECURITY INTEREST ON ALL PROPERTY OF TENANT, HEREBY CREATED (INCLUDING BUT NOT LIMITED LESSOR’S STATUTORY LIEN) ARE AND SHALL BE EXPRESSLY SUBORDINATE AND INFERIOR TO ALL FIXTURES, MACHINERY, EQUIPMENT, FURNISHINGS, ANY PURCHASE MONEY AND/OR INVENTORY FINANCING AND OTHER ARTICLES OF PERSONAL PROPERTY, NOW THE LIENS AND SECURITY INTERESTS SECURING SAME HERETOFORE OR HEREAFTER PLACED IN ENTERED INTO BY LESSEE AND COVERING ANY OF THE PROPERTY WHICH IS OR UPON MAY BE COVERED BY THE PREMISES, AND ALSO UPON THE PROCEEDS OF ANY INSURANCE WHICH MAY ACCRUE TO TENANT BY REASON OF DESTRUCTION OF OR DAMAGE TO ANY SUCH PROPERTY. WITHOUT LANDLORD’S PRIOR WRITTEN CONSENT, SUCH PROPERTY SHALL NOT BE REMOVED FROM THE PREMISES AT ANY TIME WHEN A DEFAULT EXISTS UNDER THIS LEASE. THIS LIEN AND SECURITY INTEREST SHALL SECURE TENANT’S PERFORMANCE HEREUNDERHEREBY CREATED, INCLUDING SPECIFICALLY, AND WITHOUT LIMITATION, THE SECURITY INTEREST IN LESSEE’S INVENTORY GRANTED TO FIRST INTERSTATE BANK OF TEXAS, N.A. EXCEPT AS PROVIDED ABOVE. ALL LAWFUL EXEMPTIONS OF SUCH PROPERTY OR ANY PART OF IT ARE HEREBY WAIVED, AND SUCH LIEN SHALL BE IN ADDITION TO AND CUMULATIVE LESSOR’S STATUTORY LIEN. IF LESSEE ABANDONS OR VACATES ANY SUBSTANTIAL PORTION OF LANDLORD’S LIENS PROVIDED BY LAW. THIS LEASE SHALL CONSTITUTE A SECURITY AGREEMENT UNDER THE UNIFORM COMMERCIAL CODE SO THAT LANDLORD SHALL HAVE AND MAY ENFORCE A SECURITY INTEREST ON ALL OF SAID PROPERTY. UPON THE OCCURRENCE OF AN EVENT OF LEASED PREMISES OR IS IN DEFAULT UNDER ANY OF THE TERMS CONTAINED IN THIS LEASE, THIS LIEN LESSOR MAY BE FORECLOSED WITH OR WITHOUT COURT PROCEEDINGSENTER UPON THE LEASED PREMISES, BY PICKING OR CHANGING LOCKS IF NECESSARY, AND TAKE POSSESSION OF ALL OR ANY PART OF THE PROPERTY LOCATED ON THE LEASED PREMISES AND MAY SELL ALL OR ANY PART THEREOF AT A PUBLIC OR PRIVATE SALE, AND LANDLORD SHALL HAVE THE RIGHT IN ONE OR SUCCESSIVE SALES, WITH OR WITHOUT NOTICE, TO BECOME THE PURCHASER UPON BEING THE HIGHEST BIDDER AT FOR COST, AND, ON BEHALF OF LESSOR, SELL AND CONVEY ALL OR PART OF SUCH PROPERTY TO THE HIGHEST BIDDER THEREFOR, DELIVERING TO THE HIGHEST BIDDER ALL OF LESSEE’S TITLE AND INTEREST TO SUCH PROPERTY SOLD TO HIM. THE PROCEEDS OF THE SALE OF SUCH PROPERTY SHALL BE APPLIED BY LESSOR TOWARD THE COSTS AND EXPENSES OF SUCH SALE. UPON EXECUTION , INCLUDING ATTORNEY’S FEES AND THEN TOWARD THE PAYMENT OF ALL SUMS DUE TO LESSOR UNDER THE TERMS OF THIS LEASE. THE PROCEEDS REMAINING FROM SUCH SALE OR SALES, IF ANY, SHALL BE PAID TO LESSEE OR ANY OTHER PARTY ENTITLED THERETO BY LAW. THE LEASE IS INTENDED AS AND FROM TIME CONSTITUTES A SECURITY AGREEMENT WITHIN THE MEANING OF THE UNIFORM COMMERCIAL CODE OF THIS STATE AND LESSOR, IN ADDITION TO TIME THEREAFTER UPON LANDLORDTHE RIGHTS SET FORTH HEREIN, SHALL HAVE ALL OF THE RIGHTS, TITLES, LIENS AND INTERESTS IN THE PROPERTY HEREIN DESCRIBED WHICH ARE GRANTED A SECURED PARTY, AS THE TERM IS DEFINED UNDER THE TEXAS UNIFORM COMMERCIAL CODE TO SECURE THE PAYMENT AND PERFORMANCE OF THE OBLIGATIONS CONTAINED IN THIS LEASE. AT LESSOR’S REQUEST, TENANT LESSEE SHALL EXECUTE AS DEBTOR SUCH FINANCING STATEMENTS OR EXTENSIONS OR CHANGE INSTRUMENTS AS LANDLORD MAY NOW OR HEREAFTER REQUEST IN ORDER THAT SUCH SECURITY INTEREST OR INTEREST MAY BE AND REMAIN PERFECTED PURSUANT DELIVER TO SAID CODE. LANDLORD MAY AT ITS ELECTION AT ANY TIME FILE LESSOR A COPY OF THIS LEASE AS A FINANCING STATEMENT. LANDLORD, AS SECURED PARTY, SHALL BE ENTITLED TO ALL OF THE RIGHTS AND REMEDIES AFFORDED A SECURED PARTY UNDER SAID UNIFORM COMMERCIAL CODE, WHICH RIGHTS AND REMEDIES SHALL IN ADDITION CODE FINANCING STATEMENT RELATING TO AND CUMULATIVE OF LANDLORD’S LIENS AND RIGHTS PROVIDED BY LAW OR BY THE OTHER TERMS AND PROVISIONS OF THIS LEASEAFORESAID SECURITY INTEREST.

Appears in 1 contract

Samples: Lease Agreement (Goodman Global Inc)

LANDLORD'S LIEN. 19.1 TENANT HEREBY GRANTS TO LANDLORD SHALL HAVE AT ALL TIMES DURING THE TERM OF THIS LEASE, A VALID FIRST AND PRIOR CONTRACT LIEN FOR ALL RENTS AND SECURITY INTEREST ON ALL PROPERTY OTHER SUMS OF MONEY BECOMING DUE HEREUNDER FROM TENANT, INCLUDING BUT NOT LIMITED TO ALL UPON FURNITURE, FIXTURES, MACHINERY, EQUIPMENT, FURNISHINGS, INVENTORY EQUIPMENT AND OTHER ARTICLES PERSONAL PROPERTY (INCLUDING, WITHOUT LIMITATION, REMOVABLE TRADE FIXTURES) AND EFFECTS OF PERSONAL PROPERTY, NOW OR HEREAFTER PLACED TENANT SITUATED IN OR UPON THE PREMISES, AND ALSO UPON THE PROCEEDS OF ANY INSURANCE WHICH MAY ACCRUE TO TENANT BY REASON OF DESTRUCTION OF OR DAMAGE TO ANY SUCH PROPERTY. WITHOUT LANDLORD’S PRIOR WRITTEN CONSENT, SUCH PROPERTY SHALL NOT BE REMOVED FROM THEREFROM WITHOUT THE PREMISES AT APPROVAL AND CONSENT OF LANDLORD UNTIL ALL ARREARAGE IN RENT AS WELL AS ANY TIME WHEN A AND ALL OTHER SUMS OF MONEY THEN DUE TO LANDLORD HEREUNDER SHALL FIRST HAVE BEEN PAID AND DISCHARGED IN FULL. UPON THE OCCURRENCE OF ANY EVENT OF DEFAULT EXISTS UNDER THIS LEASE. THIS LIEN AND SECURITY INTEREST SHALL SECURE BY TENANT’S PERFORMANCE HEREUNDER, AND SHALL BE LANDLORD MAY, IN ADDITION TO ANY OTHER REMEDIES PROVIDED HEREIN OR BY LAW OR IN EQUITY, ENTER UPON THE PREMISES AND CUMULATIVE TAKE POSSESSION OF LANDLORD’S LIENS ANY AND ALL FURNITURE, FIXTURES, EQUIPMENT AND OTHER PERSONAL PROPERTY (INCLUDING, WITHOUT LIMITATION, REMOVABLE TRADE FIXTURES) AND EFFECTS OF TENANT SITUATED IN OR UPON 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, AT WHICH LANDLORD OR ITS ASSIGNS MAY PURCHASE, AND APPLY THE PROCEEDS THEREOF, LESS ANY AND ALL EXPENSES CONNECTED WITH THE TAKING OF POSSESSION AND SALE OF THE PROPERTY, AS 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 FORM PROVIDED BY LAW FOR FORECLOSURE OF SECURITY INTERESTS OR IN ANY OTHER MANNER AND FORM PROVIDED BY LAW. THIS LEASE THE STATUTORY LIEN FOR RENT, IF ANY, IS NOT HEREBY WAIVED AND THE EXPRESS CONTRACTUAL LIEN HEREIN GRANTED IS IN ADDITION THERETO AND SUPPLEMENTARY THERETO. IF REQUESTED AT ANY TIME BY LANDLORD, TENANT SHALL CONSTITUTE EXECUTE AND DELIVER TO LANDLORD UNIFORM COMMERCIAL CODE FINANCING STATEMENTS IN SUFFICIENT FORM SO THAT WHEN PROPERLY FILED, THE SECURITY INTEREST HEREBY GIVEN SHALL THEREUPON BE PERFECTED. IF REQUESTED HEREAFTER BY LANDLORD, TENANT SHALL ALSO EXECUTE AND DELIVER TO LANDLORD UNIFORM COMMERCIAL CODE FINANCING STATEMENT CHANGE INSTRUMENTS IN SUFFICIENT FORM TO REFLECT ANY PROPER AMENDMENT OR MODIFICATION IN OR EXTENSION OF THE AFORESAID CONTRACT LIEN AND THE RIGHTS AND REMEDIES OF A SECURITY AGREEMENT SECURED PARTY UNDER THE UNIFORM COMMERCIAL CODE SO THAT LANDLORD SHALL HAVE AND MAY ENFORCE A SECURITY INTEREST ON ALL AS ADOPTED IN THE STATE OF SAID PROPERTY. UPON THE OCCURRENCE OF AN EVENT OF DEFAULT UNDER THIS LEASE, THIS LIEN MAY BE FORECLOSED WITH OR WITHOUT COURT PROCEEDINGS, BY PUBLIC OR PRIVATE SALE, AND LANDLORD SHALL HAVE THE RIGHT TO BECOME THE PURCHASER UPON BEING THE HIGHEST BIDDER AT SUCH SALE. UPON EXECUTION OF THIS LEASE, AND FLORIDA FROM TIME TO TIME THEREAFTER UPON LANDLORD’S REQUEST, TENANT SHALL EXECUTE AS DEBTOR SUCH FINANCING STATEMENTS OR EXTENSIONS OR CHANGE INSTRUMENTS AS LANDLORD MAY NOW OR HEREAFTER REQUEST IN ORDER THAT SUCH SECURITY INTEREST OR INTEREST MAY BE AND REMAIN PERFECTED PURSUANT TO SAID CODE. LANDLORD MAY AT ITS ELECTION AT ANY TIME FILE A COPY OF THIS LEASE AS A FINANCING STATEMENT. LANDLORD, AS SECURED PARTY, SHALL BE ENTITLED TO ALL OF THE RIGHTS AND REMEDIES AFFORDED A SECURED PARTY UNDER SAID UNIFORM COMMERCIAL CODE, WHICH RIGHTS AND REMEDIES SHALL IN ADDITION TO AND CUMULATIVE OF LANDLORD’S LIENS AND RIGHTS PROVIDED BY LAW OR BY THE OTHER TERMS AND PROVISIONS OF THIS LEASETIME.

Appears in 1 contract

Samples: Office Lease (Elec Communications Corp)

LANDLORD'S LIEN. 19.1 TO SECURE THE PAYMENT OF ALL RENTAL AND OTHER SUMS OF MONEY DUE AND TO BECOME DUE HEREUNDER AND THE FAITHFUL PERFORMANCE OF THIS LEASE BY TENANT, TENANT HEREBY GRANTS GIVES TO LANDLORD A AN EXPRESS FIRST AND PRIOR CONTRACT LIEN AND SECURITY INTEREST ON ALL PROPERTY OF TENANT, (INCLUDING BUT NOT LIMITED TO ALL FIXTURES, MACHINERY, EQUIPMENT, FURNISHINGS, INVENTORY CHATTELS AND OTHER ARTICLES OF PERSONAL PROPERTY, NOW OR HEREAFTER MERCHANDISE) WHICH MAY BE PLACED IN OR UPON THE DEMISED PREMISES, AND ALSO UPON THE ALL PROCEEDS OF ANY INSURANCE WHICH MAY ACCRUE TO TENANT BY REASON OF DESTRUCTION OF OR DAMAGE TO ANY SUCH PROPERTY. WITHOUT LANDLORD’S PRIOR WRITTEN CONSENT, SUCH PROPERTY SHALL NOT BE REMOVED FROM THEREFROM WITHOUT THE PREMISES AT ANY TIME WHEN A DEFAULT EXISTS UNDER THIS LEASEWRITTEN CONSENT OF LANDLORD UNTIL ALL ARREARAGE IN RENTAL AND OTHER SUMS OF MONEY THEN DUE TO LANDLORD HEREUNDER SHALL FIRST HAVE BEEN PAID. ALL EXEMPTION LAWS ARE HEREBY WAIVED IN FAVOR OF SAID LIEN AND SECURITY INTEREST. THIS LIEN AND SECURITY INTEREST SHALL SECURE TENANT’S PERFORMANCE HEREUNDER, IS GIVEN IN ADDITION TO THE LANDLORD'S STATUTORY LIEN AND SHALL BE IN ADDITION TO AND CUMULATIVE OF LANDLORD’S LIENS PROVIDED BY LAW. THIS LEASE SHALL CONSTITUTE A SECURITY AGREEMENT UNDER THE UNIFORM COMMERCIAL CODE SO THAT LANDLORD SHALL HAVE AND MAY ENFORCE A SECURITY INTEREST ON ALL OF SAID PROPERTYTHERETO. UPON THE OCCURRENCE OF AN EVENT OF DEFAULT UNDER THIS LEASEDEFAULT, THIS LIEN MAY BE FORECLOSED WITH OR WITHOUT COURT PROCEEDINGS, PROCEEDINGS BY PUBLIC OR PRIVATE SALE, PROVIDED LANDLORD GIVES TENANT AT LEAST FIFTEEN DAYS NOTICE OF THE TIME AND PLACE OF SAID SALE, AND LANDLORD SHALL HAVE THE RIGHT TO BECOME THE PURCHASER PURCHASER, UPON BEING THE HIGHEST BIDDER AT SUCH SALE. UPON CONTEMPORANEOUS WITH THE EXECUTION OF THIS LEASE, LEASE (AND FROM TIME TO TIME THEREAFTER UPON IF REQUESTED HEREAFTER BY LANDLORD’S REQUEST), TENANT SHALL EXECUTE AS DEBTOR SUCH AND DELIVER TO LANDLORD UNIFORM COMMERCIAL CODE FINANCING STATEMENTS OR EXTENSIONS OR IN SUFFICIENT FORM SO THAT WHEN PROPERLY FILED, THE SECURITY INTEREST THEREBY GIVEN SHALL THEREUPON BE PERFECTED. IF REQUESTED HEREAFTER BY LANDLORD, TENANT SHALL ALSO EXECUTE AND DELIVER TO LANDLORD UNIFORM COMMERCIAL CODE FINANCING STATEMENT CHANGE INSTRUMENTS AS LANDLORD MAY NOW IN SUFFICIENT FORM TO REFLECT ANY PROPER AMENDMENT OF MODIFICATION IN OR HEREAFTER REQUEST IN ORDER THAT SUCH EXTENSION OF THE AFORESAID CONTRACT LIEN AND SECURITY INTEREST OR INTEREST MAY BE AND REMAIN PERFECTED PURSUANT TO SAID CODETHEREBY GRANTED. LANDLORD MAY AT SHALL, IN ADDITION TO ALL OF ITS ELECTION AT ANY TIME FILE A COPY OF THIS LEASE AS A FINANCING STATEMENT. LANDLORDRIGHTS HEREUNDER, AS SECURED PARTY, SHALL BE ENTITLED TO ALSO HAVE ALL OF THE RIGHTS AND REMEDIES AFFORDED OF A SECURED PARTY UNDER SAID THE UNIFORM COMMERCIAL CODE, WHICH RIGHTS AND REMEDIES SHALL CODE AS ADOPTED IN ADDITION TO AND CUMULATIVE THE STATE OF LANDLORD’S LIENS AND RIGHTS PROVIDED BY LAW OR BY THE OTHER TERMS AND PROVISIONS OF THIS LEASETEXAS.

Appears in 1 contract

Samples: www.duanemeyers.com

LANDLORD'S LIEN. 19.1 PURSUANT TO OHIO LAW, OHIO REV. CODE XXX. § 5322.01 THROUGH § 5322.05, THE LANDLORD HAS A LIEN AGAINST THE TENANT HEREBY GRANTS ON THE PERSONAL PROPERTY STORED PURSUANT TO LANDLORD A FIRST AND PRIOR LIEN AND SECURITY INTEREST RENTAL AGREEMENT IN ANY STORAGE SPACE AT THE SELF-SERVICE STORAGE FACILITY, OR ON ALL PROPERTY OF TENANT, INCLUDING BUT NOT LIMITED TO ALL FIXTURES, MACHINERY, EQUIPMENT, FURNISHINGS, INVENTORY AND OTHER ARTICLES OF PERSONAL PROPERTY, NOW OR HEREAFTER PLACED IN OR UPON THE PREMISES, AND ALSO UPON THE PROCEEDS OF ANY INSURANCE WHICH MAY ACCRUE THE PERSONAL PROPERTY SUBJECT TO TENANT BY REASON THE DEFAULTING TENANT'S RENTAL AGREEMENT IN THE LANDLORD'S POSSESSION, FOR RENT, LABOR, OR OTHER CHARGES IN RELATION TO THE PERSONAL PROPERTY THAT ARE SPECIFIED IN THIS RENTAL AGREEMENT AND THAT HAVE BECOME DUE AND FOR EXPENSES NECESSARY FOR THE PRESERVATION OF DESTRUCTION THE PERSONAL PROPERTY OR EXPENSES REASONABLY INCURRED IN THE SALE OR OTHER DISPOSITION OF OR DAMAGE THE PERSONAL PROPERTY PURSUANT TO ANY SUCH PROPERTYLAW. WITHOUT LANDLORD’S PRIOR WRITTEN CONSENT, SUCH PROPERTY LANDLORD SHALL NOT BE REMOVED FROM LIABLE TO TENANT OR ANY THIRD PARTY FOR THE PREMISES AT ANY TIME WHEN REMOVAL OR SALE OF PERSONAL PROPERTY WHICH IS NOT THE PROPERTY OF THE TENANT OR UPON WHICH A DEFAULT EXISTS UNDER PRIOR LIEN HAS ATTACHED, UNLESS NOTICE SHALL HAVE BEEN GIVEN TO THE LANDLORD BY THE TENANT THAT THE PROPERTY PLACED IN THE STORAGE SPACE WAS NOT THAT OF THE TENANT. If the Tenant does not pay the amount necessary to satisfy the lien and the reasonable expense’s incurred by the Landlord within ten (10) days after the delivery of notice, Xxxxxx's property in or on the premises will be advertised for sale and will be sold at a specified time and place as allowed by the Ohio Self-Service Storage Facility Act. The following publicly available website (or other website specified by the Landlord by written notice to the Tenant) may be used by Landlord to advertise and to conduct the bidding for any public sale of Tenant's property as provided by law: xxx.xxxxxxxxxxxxxxxxxxxxx.xxx. <xxxx://xxx.xxxxxxxxxxxxxxxx.xxx/>Prior to advertising the Tenant's space for sale at public auction, the Tenant's lock will be physically removed, an inventory will be taken of the space's contents and the space will be sealed with a Landlord's over lock and inventory tag. The Landlord is not liable for any damages or claims related to the release, use, or misuse of confidential, proprietary or personal identification information contained in any documents or other media stored by a tenant in the facility or unit after the sale or other disposition of the documents or media. If Landlord reasonably believes that a storage space contains any documents or other media containing confidential, proprietary, or personal identification information, the Landlord is authorized to destroy any or all of the documents or media in lieu of a sale. Landlord may dispose of said property in any manner considered appropriate by Landlord in its sole discretion. Landlord reserves the right to utilize on-line auction services to manage the sale of Tenant’s property as a result of Tenant’s default and the foreclosure of Landlord’s lien. Tenant consents to the use of on-line auction services. MOTOR VEHICLE/WATERCRAFT: IF THE PROPERTY UPON WHICH THE LIEN IS CLAIMED IS A MOTOR VEHICLE OR WATERCRAFT AND RENT AND OTHER CHARGES RELATED TO THE PROPERTY REMAIN UNPAID OR UNSATISFIED FOR SIXTY (60) DAYS FOLLOWING THE MATURITY OF THE OBLIGATION TO PAY RENT, LANDLORD MAY HAVE THE PROPERTY TOWED IN LIEU OF FORECLOSING ON THE LIEN. IF A MOTOR VEHICLE OR WATERCRAFT IS TOWED AS AUTHORIZED IN THIS LEASE. THIS LIEN AND SECURITY INTEREST SHALL SECURE TENANT’S PERFORMANCE HEREUNDERSECTION, AND SHALL BE IN ADDITION TO AND CUMULATIVE OF LANDLORD’S LIENS PROVIDED BY LAW. THIS LEASE SHALL CONSTITUTE A SECURITY AGREEMENT UNDER THE UNIFORM COMMERCIAL CODE SO THAT LANDLORD SHALL HAVE AND MAY ENFORCE A SECURITY INTEREST ON ALL OF SAID PROPERTY. UPON NOT BE LIABLE FOR THE OCCURRENCE OF AN EVENT OF DEFAULT UNDER THIS LEASE, THIS LIEN MAY BE FORECLOSED WITH MOTOR VEHICLE OR WITHOUT COURT PROCEEDINGS, BY PUBLIC WATERCRAFT OR PRIVATE SALE, AND LANDLORD SHALL HAVE ANY DAMAGES TO THE RIGHT TO BECOME MOTOR VEHICLE OR WATERCRAFT ONCE THE PURCHASER UPON BEING THE HIGHEST BIDDER AT SUCH SALE. UPON EXECUTION OF THIS LEASE, AND FROM TIME TO TIME THEREAFTER UPON LANDLORD’S REQUEST, TENANT SHALL EXECUTE AS DEBTOR SUCH FINANCING STATEMENTS OR EXTENSIONS OR CHANGE INSTRUMENTS AS LANDLORD MAY NOW OR HEREAFTER REQUEST IN ORDER THAT SUCH SECURITY INTEREST OR INTEREST MAY BE AND REMAIN PERFECTED PURSUANT TO SAID CODE. LANDLORD MAY AT ITS ELECTION AT ANY TIME FILE A COPY OF THIS LEASE AS A FINANCING STATEMENT. LANDLORD, AS SECURED PARTY, SHALL BE ENTITLED TO ALL TOWER TAKES POSSESSION OF THE RIGHTS AND REMEDIES AFFORDED A SECURED PARTY UNDER SAID UNIFORM COMMERCIAL CODE, WHICH RIGHTS AND REMEDIES SHALL IN ADDITION TO AND CUMULATIVE OF LANDLORD’S LIENS AND RIGHTS PROVIDED BY LAW OR BY THE OTHER TERMS AND PROVISIONS OF THIS LEASEPROPERTY.

Appears in 1 contract

Samples: Rental Agreement

LANDLORD'S LIEN. 19.1 TENANT HEREBY GRANTS TO LANDLORD A FIRST AND PRIOR LIEN AND SECURITY INTEREST ON ALL PROPERTY OF TENANT, INCLUDING BUT NOT LIMITED TO ALL FIXTURES, MACHINERY, EQUIPMENT, FURNISHINGS, INVENTORY AND OTHER ARTICLES OF PERSONAL PROPERTY, NOW OR HEREAFTER PLACED IN OR UPON THE PREMISES, AND ALSO UPON THE PROCEEDS OF ANY INSURANCE WHICH MAY ACCRUE TO TENANT BY REASON OF DESTRUCTION OF OR DAMAGE TO ANY SUCH PROPERTY. WITHOUT LANDLORD’S PRIOR WRITTEN CONSENT, SUCH PROPERTY SHALL NOT BE REMOVED FROM THE PREMISES AT ANY TIME WHEN A DEFAULT EXISTS UNDER THIS LEASE. THIS LIEN AND SECURITY INTEREST SHALL SECURE TENANT’S PERFORMANCE HEREUNDER, AND SHALL BE IN ADDITION TO THE STATUTORY LIEN, LANDLORD IS HEREBY GRANTED AND CUMULATIVE OF LANDLORD’S LIENS PROVIDED BY LAW. THIS LEASE SHALL CONSTITUTE HAVE, AT ALL TIMES, A VALID SECURITY AGREEMENT INTEREST UNDER THE UNIFORM COMMERCIAL CODE SO THAT OF TEXAS (ARTICLE 9 OF THE BUSINESS AND COMMERCE CODE V.A.T.S.) TO SECURE PAYMENT OF ALL RENTALS AND OTHER SUMS OF MONEY BECOMING DUE UNDER THIS LEASE FROM TENANT, AND TO SECURE PAYMENT OF ANY DAMAGES OR LOSS WHICH LANDLORD MAY SUFFER BY REASON OF THE BREACH BY TENANT OF ANY COVENANT, AGREEMENT OR CONDITION CONTAINED HEREIN, UPON ALL GOODS, WARES, EQUIPMENT, FIXTURES, FURNITURE, IMPROVEMENTS AND OTHER PERSONAL PROPERTY OF TENANT PRESENTLY OR WHICH MAY HEREAFTER BE SITUATED ON THE LEASED PREMISES, AND ALL PROCEEDS THEREOF. TENANT SHALL NOT ALLOW SUCH PROPERTY TO BE REMOVED THEREFROM WITHOUT THE PRIOR WRITTEN CONSENT OF LANDLORD UNTIL ALL ARREARAGES IN RENT AS WELL AS ANY AND ALL OTHER SUMS OF MONEY THEN DUE OR TO ACCRUE AND BECOME DUE UNDER THIS LEASE TO LANDLORD SHALL FIRST HAVE BEEN PAID AND MAY ENFORCE A SECURITY INTEREST ON DISCHARGED AND ALL OF SAID PROPERTYTHE COVENANTS, AGREEMENTS AND CONDITIONS HEREOF HAVE BEEN FULLY COMPLIED WITH AND PERFORMED BY TENANT. UPON THE OCCURRENCE OF AN EVENT OF DEFAULT UNDER THIS LEASEUpon the occurrence of an event of default by Tenant, THIS LIEN MAY BE FORECLOSED WITH OR WITHOUT COURT PROCEEDINGSLandlord may, BY PUBLIC OR PRIVATE SALEin addition to any other remedies provided herein, AND LANDLORD SHALL HAVE THE RIGHT TO BECOME THE PURCHASER UPON BEING THE HIGHEST BIDDER AT SUCH SALEenter upon the Leased Premises and take possession of any and all goods, wares, equipment, fixtures, furniture, improvements and other personal property of Tenant situated on the Leased 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 the 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. UPON EXECUTION OF THIS LEASEUnless otherwise provided by law, AND FROM TIME TO TIME THEREAFTER UPON LANDLORD’S REQUESTand without intending to exclude any other manner of giving Tenant reasonable notice, TENANT SHALL EXECUTE AS DEBTOR SUCH FINANCING STATEMENTS OR EXTENSIONS OR CHANGE INSTRUMENTS AS LANDLORD MAY NOW OR HEREAFTER REQUEST IN ORDER THAT SUCH SECURITY INTEREST OR INTEREST MAY BE AND REMAIN PERFECTED PURSUANT TO SAID CODEthe requirement of reasonable notice shall be met if such notice is given at least five (5) days before the time of any sale. LANDLORD MAY AT ITS ELECTION AT ANY TIME FILE A COPY OF THIS LEASE AS A FINANCING STATEMENTThe 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 secured by the security interest granted in this section. LANDLORDAny surplus shall be paid to Tenant or as otherwise required by law; and Tenant shall pay any deficiencies forthwith. Upon request by Landlord, AS SECURED PARTYTenant agrees to execute and deliver to Landlord a financing statement in form sufficient to perfect the security interest created herein under the provisions of the Uniform Commercial Code in force in the State of Texas, SHALL BE ENTITLED TO ALL OF THE RIGHTS AND REMEDIES AFFORDED A SECURED PARTY UNDER SAID UNIFORM COMMERCIAL CODEor Landlord may file this Lease or a copy hereof as a financing statement. The statutory lien for rent is not hereby waived; on the contrary, WHICH RIGHTS AND REMEDIES SHALL IN ADDITION TO AND CUMULATIVE OF LANDLORD’S LIENS AND RIGHTS PROVIDED BY LAW OR BY THE OTHER TERMS AND PROVISIONS OF THIS LEASEthe security interest herein granted shall be in addition to and supplementary of said statutory lien. Notwithstanding anything containing in this Section 7.5 to the contrary, Landlord agrees to subordinate its liens and security interest to any lender of Tenant which has a lien or shall be given a lien by Tenant on Tenant’s personal property.

Appears in 1 contract

Samples: Lease Agreement (Wintegra Inc)

LANDLORD'S LIEN. 19.1 PURSUANT TO OHIO LAW, OHIO REV. CODE XXX. § 5322.01 THROUGH § 5322.05, THE LANDLORD HAS A LIEN AGAINST THE TENANT HEREBY GRANTS ON THE PERSONAL PROPERTY STORED PURSUANT TO LANDLORD A FIRST AND PRIOR LIEN AND SECURITY INTEREST RENTAL AGREEMENT IN ANY STORAGE SPACE AT THE SELF-SERVICE STORAGE FACILITY, OR ON ALL PROPERTY OF TENANT, INCLUDING BUT NOT LIMITED TO ALL FIXTURES, MACHINERY, EQUIPMENT, FURNISHINGS, INVENTORY AND OTHER ARTICLES OF PERSONAL PROPERTY, NOW OR HEREAFTER PLACED IN OR UPON THE PREMISES, AND ALSO UPON THE PROCEEDS OF ANY INSURANCE WHICH MAY ACCRUE THE PERSONAL PROPERTY SUBJECT TO TENANT BY REASON THE DEFAULTING TENANT'S RENTAL AGREEMENT IN THE LANDLORD'S POSSESSION, FOR RENT, LABOR, OR OTHER CHARGES IN RELATION TO THE PERSONAL PROPERTY THAT ARE SPECIFIED IN THIS RENTAL AGREEMENT AND THAT HAVE BECOME DUE AND FOR EXPENSES NECESSARY FOR THE PRESERVATION OF DESTRUCTION THE PERSONAL PROPERTY OR EXPENSES REASONABLY INCURRED IN THE SALE OR OTHER DISPOSITION OF OR DAMAGE THE PERSONAL PROPERTY PURSUANT TO ANY SUCH PROPERTYLAW. WITHOUT LANDLORD’S PRIOR WRITTEN CONSENT, SUCH PROPERTY LANDLORD SHALL NOT BE REMOVED FROM LIABLE TO TENANT OR ANY THIRD PARTY FOR THE PREMISES AT ANY TIME WHEN REMOVAL OR SALE OF PERSONAL PROPERTY WHICH IS NOT THE PROPERTY OF THE TENANT OR UPON WHICH A DEFAULT EXISTS UNDER PRIOR LIEN HAS ATTACHED, UNLESS NOTICE SHALL HAVE BEEN GIVEN TO THE LANDLORD BY THE TENANT THAT THE PROPERTY PLACED IN THE STORAGE SPACE WAS NOT THAT OF THE TENANT. If the Tenant does not pay the amount necessary to satisfy the lien and the reasonable expense’s incurred by the Landlord within ten (10) days after the delivery of notice, Tenant's property in or on the premises will be advertised for sale and will be sold at a specified time and place as allowed by the Ohio Self-Service Storage Facility Act. The following publicly available website (or other website specified by the Landlord by written notice to the Tenant) may be used by Landlord to advertise and to conduct the bidding for any public sale of Tenant's property as provided by law: xxx.xxxxxxxxxxxxxxxxxxxxx.xxx. <xxxx://xxx.xxxxxxxxxxxxxxxx.xxx/>Prior to advertising the Tenant's space for sale at public auction, the Tenant's lock will be physically removed, an inventory will be taken of the space's contents and the space will be sealed with a Landlord's over lock and inventory tag. The Landlord is not liable for any damages or claims related to the release, use, or misuse of confidential, proprietary or personal identification information contained in any documents or other media stored by a tenant in the facility or unit after the sale or other disposition of the documents or media. If Landlord reasonably believes that a storage space contains any documents or other media containing confidential, proprietary, or personal identification information, the Landlord is authorized to destroy any or all of the documents or media in lieu of a sale. Landlord may dispose of said property in any manner considered appropriate by Landlord in its sole discretion. Landlord reserves the right to utilize on-line auction services to manage the sale of Tenant’s property as a result of Tenant’s default and the foreclosure of Landlord’s lien. Tenant consents to the use of on-line auction services. MOTOR VEHICLE/WATERCRAFT: IF THE PROPERTY UPON WHICH THE LIEN IS CLAIMED IS A MOTOR VEHICLE OR WATERCRAFT AND RENT AND OTHER CHARGES RELATED TO THE PROPERTY REMAIN UNPAID OR UNSATISFIED FOR SIXTY (60) DAYS FOLLOWING THE MATURITY OF THE OBLIGATION TO PAY RENT, LANDLORD MAY HAVE THE PROPERTY TOWED IN LIEU OF FORECLOSING ON THE LIEN. IF A MOTOR VEHICLE OR WATERCRAFT IS TOWED AS AUTHORIZED IN THIS LEASE. THIS LIEN AND SECURITY INTEREST SHALL SECURE TENANT’S PERFORMANCE HEREUNDERSECTION, AND SHALL BE IN ADDITION TO AND CUMULATIVE OF LANDLORD’S LIENS PROVIDED BY LAW. THIS LEASE SHALL CONSTITUTE A SECURITY AGREEMENT UNDER THE UNIFORM COMMERCIAL CODE SO THAT LANDLORD SHALL HAVE AND MAY ENFORCE A SECURITY INTEREST ON ALL NOT BE LIABLE FOR THE MOTOR VEHICLE OR WATERCRAFT OR ANY DAMAGES TO THE MOTOR VEHICLE OR WATERCRAFT ONCE THE TOWER TAKES POSSESSION OF SAID THE PROPERTY. UPON THE OCCURRENCE OF AN EVENT OF DEFAULT UNDER THIS LEASE, THIS LIEN MAY BE FORECLOSED WITH OR WITHOUT COURT PROCEEDINGS, BY PUBLIC OR PRIVATE SALE, AND LANDLORD SHALL HAVE THE RIGHT TO BECOME THE PURCHASER UPON BEING THE HIGHEST BIDDER AT SUCH SALE. UPON EXECUTION OF THIS LEASE, AND FROM TIME TO TIME THEREAFTER UPON LANDLORD’S REQUEST, TENANT SHALL EXECUTE AS DEBTOR SUCH FINANCING STATEMENTS OR EXTENSIONS OR CHANGE INSTRUMENTS AS LANDLORD MAY NOW OR HEREAFTER REQUEST IN ORDER THAT SUCH SECURITY INTEREST OR INTEREST MAY BE AND REMAIN PERFECTED PURSUANT TO SAID CODE. LANDLORD MAY AT ITS ELECTION AT ANY TIME FILE A COPY OF THIS LEASE AS A FINANCING STATEMENT. LANDLORD, AS SECURED PARTY, SHALL BE ENTITLED TO ALL OF THE RIGHTS AND REMEDIES AFFORDED A SECURED PARTY UNDER SAID UNIFORM COMMERCIAL CODE, WHICH RIGHTS AND REMEDIES SHALL IN ADDITION TO AND CUMULATIVE OF LANDLORD’S LIENS AND RIGHTS PROVIDED BY LAW OR BY THE OTHER TERMS AND PROVISIONS OF THIS LEASE.#pb

Appears in 1 contract

Samples: Rental Agreement

LANDLORD'S LIEN. 19.1 18.1. TO SECURE THE PAYMENT OF ALL RENT DUE AND TO BECOME DUE HEREUNDER, AND THE FAITHFUL PERFORMANCE OF ALL OF THE OTHER COVENANTS OF THIS LEASE REQUIRED BY TENANT TO BE PERFORMED, TENANT HEREBY GRANTS GIVES TO LANDLORD AN EXPRESS CONTRACT LIEN ON AND A FIRST AND PRIOR LIEN AND SECURITY INTEREST ON IN, ALL PROPERTY OF TENANTPROPERTY, INCLUDING BUT NOT LIMITED TO ALL FIXTURES, MACHINERY, EQUIPMENT, FURNISHINGS, INVENTORY FURNISHINGS AND OTHER ARTICLES OF PERSONAL PROPERTY, NOW OR HEREAFTER MERCHANDISE WHICH MAY BE PLACED IN OR UPON THE PREMISES, LEASED PREMISES (EXCLUDING TENANT’S CLIENT FILES AND WORK PAPERS) AND ALSO UPON THE ALL PROCEEDS OF ANY INSURANCE WHICH MAY ACCRUE TO TENANT BY REASON OF DAMAGE TO OR DESTRUCTION OF OR DAMAGE TO ANY SUCH PROPERTY. WITHOUT LANDLORD’S PRIOR WRITTEN CONSENT, SUCH PROPERTY SHALL NOT BE REMOVED FROM THE PREMISES AT ANY TIME WHEN A DEFAULT EXISTS UNDER PROVISIONS OF THIS LEASE. THIS PARAGRAPH RELATING TO SAID LIEN AND SECURITY INTEREST SHALL SECURE TENANT’S PERFORMANCE HEREUNDER, AND SHALL BE IN ADDITION TO AND CUMULATIVE OF LANDLORD’S LIENS PROVIDED BY LAW. THIS LEASE SHALL CONSTITUTE A SECURITY AGREEMENT UNDER THE UNIFORM COMMERCIAL CODE SO THAT THE LANDLORD SHALL HAVE AND MAY ENFORCE A SECURITY INTEREST ON ALL PROPERTY OF SAID PROPERTY. TENANT NOW OR HEREAFTER PLACED IN OR ON THE LEASED PREMISES, INCLUDING, BUT NOT LIMITED TO, MACHINERY, EQUIPMENT, FIXTURES, FURNISHINGS, AND OTHER ARTICLES OF PERSONAL PROPERTY NOW OR HEREAFTER PLACED IN OR UPON THE OCCURRENCE OF AN EVENT OF DEFAULT UNDER THIS LEASELEASED PREMISES BY TENANT. TENANT AGREES TO EXECUTE, THIS LIEN MAY BE FORECLOSED WITH OR WITHOUT COURT PROCEEDINGSAS DEBTOR, BY PUBLIC OR PRIVATE SALE, AND LANDLORD SHALL HAVE THE RIGHT TO BECOME THE PURCHASER UPON BEING THE HIGHEST BIDDER AT SUCH SALE. UPON EXECUTION OF THIS LEASE, AND FROM TIME TO TIME THEREAFTER UPON LANDLORD’S REQUEST, TENANT SHALL EXECUTE AS DEBTOR SUCH FINANCING STATEMENTS OR EXTENSIONS OR CHANGE INSTRUMENTS AS LANDLORD MAY NOW OR HEREAFTER REASONABLY REQUEST IN ORDER THAT SUCH SECURITY INTEREST OR INTEREST INTERESTS MAY BE AND REMAIN PERFECTED PROTECTED PURSUANT TO SAID THE UNIFORM COMMERCIAL CODE. LANDLORD MAY MAY, AT ITS ELECTION AT ANY TIME TIME, FILE A COPY OF THIS LEASE AS A FINANCING STATEMENT. LANDLORD, AS SECURED PARTY, SHALL BE ENTITLED TO ALL OF THE RIGHTS AND REMEDIES AFFORDED A SECURED PARTY UNDER SAID THE UNIFORM COMMERCIAL CODE, WHICH RIGHTS AND REMEDIES SHALL CODE IN ADDITION TO AND CUMULATIVE OF THE LANDLORD’S LIENS AND RIGHTS PROVIDED BY LAW OR BY THE OTHER TERMS AND PROVISIONS OF THIS LEASE. TENANT HEREBY WAIVES ALL EXEMPTION LAWS.

Appears in 1 contract

Samples: Lease Agreement (INX Inc)

LANDLORD'S LIEN. 19.1 26. Landlord waives any right of distraint with respect to Tenant’s property and any landlord’s lien against Tenant’s property that may arise at law. TENANT HEREBY GRANTS ACKNOWLEDGES THAT (1) IT HAS INSPECTED AND ACCEPTS THE PREMISES IN AN “AS IS, WHERE IS” CONDITION, SUBJECT TO SUBSTANTIAL COMPLETION OF THE TENANT’S IMPROVEMENTS AS SET FORTH IN EXHIBIT D. (2) THE BUILDING’S IMPROVEMENTS ARE SUITABLE FOR THE PURPOSE FOR WHICH THE PREMISES ARE LEASED AND LANDLORD A FIRST AND PRIOR LIEN AND SECURITY INTEREST ON ALL PROPERTY HAS MADE NO WARRANTY, REPRESENTATION, COVENANT, OR AGREEMENT WITH RESPECT TO THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF TENANT, INCLUDING BUT NOT LIMITED TO ALL FIXTURES, MACHINERY, EQUIPMENT, FURNISHINGS, INVENTORY AND OTHER ARTICLES OF PERSONAL PROPERTY, NOW OR HEREAFTER PLACED IN OR UPON THE PREMISES, (3) NO REPRESENTATIONS AS TO THE REPAIR OF TIIE PREMISES, NOR PROMISES TO ALTER, REMODEL OR IMPROVE TIIE PREMISES HAVE BEEN MADE BY LANDLORD (UNLESS AND ALSO UPON EXCEPT AS MAY BE SET FORTH IN EXHIBIT D ATTACHED TO THIS LEASE, OR AS IS OTHERWISE EXPRESSLY SET FORTH IN THIS LEASE), AND (4) NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE REGARDING THE PROCEEDS CONDITION OR SUITABILITY OF ANY INSURANCE WHICH MAY ACCRUE TO TENANT BY REASON OF DESTRUCTION OF OR DAMAGE TO ANY SUCH PROPERTY. WITHOUT LANDLORD’S PRIOR WRITTEN CONSENT, SUCH PROPERTY SHALL NOT BE REMOVED FROM THE PREMISES AT ON THE COMMENCEMENT DATE, FURTHER, TO THE EXTENT PERMITTED BY LAW, TENANT WAIVES ANY TIME WHEN A DEFAULT EXISTS UNDER IMPLIED WARRANTY OF SUITABILITY OR OTHER IMPLIED WARRANTIES THAT LANDLORD WILL MAINTAIN OR REPAIR THE PREMISES OR ITS APPURTENANCES EXCEPT AS MAY BE CLEARLY AND EXPRESSLY PROVIDED IN THIS LEASE. Executed this 18 day of November, 2013: LANDLORD: SAN CLEMENTE AT XXXXXXXXX – NORTH, LTD., a Texas Limited partnership By: Office-360, Inc., a Texas corporation, its general partner Landlord Witness /s/ Xxxx Xxxxx By: /s/ Xxxxxxx X. Xxxxxxxx Xxxx Xxxxx Name: Xxxxxxx X. Xxxxxxxx Title: President TENANT: SPICEWORKS, INC., a Delaware corporation By: /s/ Xxxxx Xxxx Name: Xxxxx Xxxx Title: President & CEO EXHIBIT A LAND Lots 37, 38, 39, 40, 41, 42 and 43, Block “A”, XXXXXXXXX WEST P.U.D. SECTION 5, PHASE 6, a subdivision in Xxxxxx County, Texas, according to the map or plat thereof, recorded under Document No. 200000169 of the Official Public Records of Xxxxxx County, Texas. FIRST AMENDMENT TO LEAST AGREEMENT THIS LIEN AND SECURITY INTEREST SHALL SECURE TENANT’S PERFORMANCE HEREUNDERFIRST AMENDMENT TO LEASE AGREEMENT (this “Amendment”) is executed as of the 18th day of December, AND SHALL BE IN ADDITION TO AND CUMULATIVE OF LANDLORD’S LIENS PROVIDED BY LAW. THIS LEASE SHALL CONSTITUTE A SECURITY AGREEMENT UNDER THE UNIFORM COMMERCIAL CODE SO THAT LANDLORD SHALL HAVE AND MAY ENFORCE A SECURITY INTEREST ON ALL OF SAID PROPERTY. UPON THE OCCURRENCE OF AN EVENT OF DEFAULT UNDER THIS LEASE2013 by and between SAN CLEMENTE AT XXXXXXXXX – NORTH, THIS LIEN MAY BE FORECLOSED WITH OR WITHOUT COURT PROCEEDINGSLTD., BY PUBLIC OR PRIVATE SALEa Texas limited partnership (“Landlord”) and SPICEWORKS, AND LANDLORD SHALL HAVE THE RIGHT TO BECOME THE PURCHASER UPON BEING THE HIGHEST BIDDER AT SUCH SALE. UPON EXECUTION OF THIS LEASEINC., AND FROM TIME TO TIME THEREAFTER UPON LANDLORD’S REQUEST, TENANT SHALL EXECUTE AS DEBTOR SUCH FINANCING STATEMENTS OR EXTENSIONS OR CHANGE INSTRUMENTS AS LANDLORD MAY NOW OR HEREAFTER REQUEST IN ORDER THAT SUCH SECURITY INTEREST OR INTEREST MAY BE AND REMAIN PERFECTED PURSUANT TO SAID CODE. LANDLORD MAY AT ITS ELECTION AT ANY TIME FILE A COPY OF THIS LEASE AS A FINANCING STATEMENT. LANDLORD, AS SECURED PARTY, SHALL BE ENTITLED TO ALL OF THE RIGHTS AND REMEDIES AFFORDED A SECURED PARTY UNDER SAID UNIFORM COMMERCIAL CODE, WHICH RIGHTS AND REMEDIES SHALL IN ADDITION TO AND CUMULATIVE OF LANDLORD’S LIENS AND RIGHTS PROVIDED BY LAW OR BY THE OTHER TERMS AND PROVISIONS OF THIS LEASEa Delaware corporation (“Tenant”).

Appears in 1 contract

Samples: Lease Agreement (CS Disco, Inc.)

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LANDLORD'S LIEN. 19.1 TO SECURE THE PAYMENT OF ALL RENTAL AND OTHER SUMS OF MONEY DUE AND TO BECOME DUE HEREUNDER AND THE FAITHFUL PERFORMANCE OF THIS LEASE BY TENANT, TENANT HEREBY GRANTS GIVES TO LANDLORD A AN EXPRESS FIRST AND PRIOR CONTRACT LIEN AND SECURITY INTEREST ON ALL PROPERTY OF TENANT, INCLUDING BUT NOT LIMITED TO ALL FIXTURES, MACHINERY, EQUIPMENT, FURNISHINGS, INVENTORY AND OTHER ARTICLES OF PERSONAL PROPERTY, NOW OR HEREAFTER PLACED IN OR UPON THE PREMISES, AND ALSO UPON THE ALL PROCEEDS OF ANY INSURANCE WHICH MAY ACCRUE TO TENANT BY REASON OF DESTRUCTION OF OR DAMAGE TO ANY SUCH PROPERTY. WITHOUT LANDLORD’S PRIOR WRITTEN CONSENT, SUCH PROPERTY SHALL NOT BE REMOVED FROM THEREFROM WITHOUT THE PREMISES AT ANY TIME WHEN A DEFAULT EXISTS UNDER THIS LEASEWRITTEN CONSENT OF LANDLORD UNTIL ALL RENTAL AND OTHER SUMS OF MONEY THEN DUE TO LANDLORD HEREUNDER SHALL FIRST HAVE BEEN PAID. ALL EXEMPTION LAWS ARE HEREBY WAIVED IN FAVOR OF SAID LIEN AND SECURITY INTEREST. THIS LIEN AND SECURITY INTEREST SHALL SECURE TENANT’S PERFORMANCE HEREUNDER, IS GIVEN IN ADDITION TO THE LANDLORD'S STATUTORY LIEN AND SHALL BE IN ADDITION TO AND CUMULATIVE OF LANDLORD’S LIENS PROVIDED BY LAW. THIS LEASE SHALL CONSTITUTE A SECURITY AGREEMENT UNDER THE UNIFORM COMMERCIAL CODE SO THAT LANDLORD SHALL HAVE AND MAY ENFORCE A SECURITY INTEREST ON ALL OF SAID PROPERTYTHERETO. UPON THE OCCURRENCE OF AN EVENT OF DEFAULT UNDER THIS LEASEDEFAULT, THIS LIEN MAY BE FORECLOSED WITH OR WITHOUT COURT PROCEEDINGS, PROCEEDINGS BY PUBLIC OR PRIVATE SALE; PROVIDED, HOWEVER, THAT LANDLORD SHALL GIVE TENANT AT LEAST FIFTEEN (15) DAYS NOTICE OF THE TIME AND PLACE OF SAID SALE, AND LANDLORD SHALL HAVE THE RIGHT TO BECOME THE PURCHASER PURCHASER, UPON BEING THE HIGHEST BIDDER AT SUCH SALE. UPON CONTEMPORANEOUS WITH THE EXECUTION OF THIS LEASE, LEASE (AND FROM TIME TO TIME THEREAFTER UPON IF REQUESTED HEREAFTER BY LANDLORD’S REQUEST), TENANT SHALL EXECUTE AS DEBTOR SUCH AND DELIVER TO LANDLORD UNIFORM COMMERCIAL CODE FINANCING STATEMENTS OR EXTENSIONS OR CHANGE INSTRUMENTS AS LANDLORD MAY NOW OR HEREAFTER REQUEST IN ORDER SUFFICIENT FORM SO THAT SUCH WHEN PROPERLY FILED, THE SECURITY INTEREST OR INTEREST MAY HEREBY GIVEN SHALL THEREUPON BE AND REMAIN PERFECTED PURSUANT TO SAID CODEPERFECTED. LANDLORD MAY AT ITS ELECTION AT ANY TIME FILE A COPY OF THIS LEASE AS A FINANCING STATEMENT. IF REQUESTED HEREAFTER BY LANDLORD, AS SECURED PARTYTENANT SHALL ALSO EXECUTE AND DELIVER TO LANDLORD UNIFORM COMMERCIAL CODE FINANCING STATEMENT CHANGE INSTRUMENTS IN SUFFICIENT FORM TO REFLECT ANY PROPER AMENDMENT OR MODIFICATION IN OR EXTENSION OF THE AFORESAID CONTRACT LIEN AND SECURITY INTEREST HEREBY GRANTED. LANDLORD SHALL, SHALL BE ENTITLED IN ADDITION TO ALL OF ITS RIGHTS HEREUNDER, ALSO HAVE ALL OF THE RIGHTS AND REMEDIES AFFORDED OF A SECURED PARTY UNDER SAID THE UNIFORM COMMERCIAL CODE, CODE AS ADOPTED IN THE STATE IN WHICH RIGHTS AND REMEDIES SHALL IN ADDITION TO AND CUMULATIVE OF LANDLORD’S LIENS AND RIGHTS PROVIDED BY LAW OR BY THE OTHER TERMS AND PROVISIONS OF THIS LEASEPREMISES ARE LOCATED.

Appears in 1 contract

Samples: Lease Agreement (Murray Income Properties I LTD)

LANDLORD'S LIEN. 19.1 TENANT HEREBY GRANTS TO LANDLORD A FIRST AND PRIOR LIEN AND SECURITY INTEREST ON ALL PROPERTY OF TENANT, INCLUDING BUT NOT LIMITED TO ALL FIXTURES, MACHINERY, EQUIPMENT, FURNISHINGS, INVENTORY AND OTHER ARTICLES OF PERSONAL PROPERTY, NOW OR HEREAFTER PLACED IN OR UPON THE PREMISES, AND ALSO UPON THE PROCEEDS OF ANY INSURANCE WHICH MAY ACCRUE TO TENANT BY REASON OF DESTRUCTION OF OR DAMAGE TO ANY SUCH PROPERTY. WITHOUT LANDLORD’S PRIOR WRITTEN CONSENT, SUCH PROPERTY SHALL NOT BE REMOVED FROM THE PREMISES AT ANY TIME WHEN A DEFAULT EXISTS UNDER THIS LEASE. THIS LIEN AND SECURITY INTEREST SHALL SECURE TENANT’S PERFORMANCE HEREUNDER, AND SHALL BE IN ADDITION TO THE STATUTORY LIEN, LANDLORD IS HEREBY GRANTED AND CUMULATIVE OF LANDLORD’S LIENS PROVIDED BY LAW. THIS LEASE SHALL CONSTITUTE HAVE, AT ALL TIMES, A VALID SECURITY AGREEMENT INTEREST UNDER THE UNIFORM COMMERCIAL CODE SO THAT OF TEXAS (ARTICLE 9 OF THE BUSINESS AND COMMERCE CODE V.A.T.S.) TO SECURE PAYMENT OF ALL RENTALS AND OTHER SUMS OF MONEY BECOMING DUE UNDER THIS LEASE FROM TENANT, AND TO SECURE PAYMENT OF ANY DAMAGES OR LOSS WHICH LANDLORD MAY SUFFER BY REASON OF THE BREACH BY TENANT OF ANY COVENANT, AGREEMENT OR CONDITION CONTAINED HEREIN, UPON ALL GOODS, WARES, EQUIPMENT, FIXTURES, FURNITURE, IMPROVEMENTS AND OTHER PERSONAL PROPERTY OF TENANT PRESENTLY OR WHICH MAY HEREAFTER BE SITUATED ON THE LEASED PREMISES, AND ALL PROCEEDS THEREOF. TENANT SHALL NOT ALLOW SUCH PROPERTY TO BE REMOVED THEREFROM WITHOUT THE PRIOR WRITTEN CONSENT OF LANDLORD UNTIL ALL ARREARAGES IN RENT AS WELL AS ANY AND ALL OTHER SUMS OF MONEY THEN DUE OR TO ACCRUE AND BECOME DUE UNDER THIS LEASE TO LANDLORD SHALL FIRST HAVE BEEN PAID AND MAY ENFORCE A SECURITY INTEREST ON DISCHARGED AND ALL OF SAID PROPERTYTHE COVENANTS, AGREEMENTS AND CONDITIONS HEREOF HAVE BEEN FULLY COMPLIED WITH AND PERFORMED BY TENANT. UPON THE OCCURRENCE OF AN EVENT OF DEFAULT UNDER THIS LEASEUpon the occurrence of an event of default by Tenant, THIS LIEN MAY BE FORECLOSED WITH OR WITHOUT COURT PROCEEDINGSLandlord may, BY PUBLIC OR PRIVATE SALEin addition to any other remedies provided herein, AND LANDLORD SHALL HAVE THE RIGHT TO BECOME THE PURCHASER UPON BEING THE HIGHEST BIDDER AT SUCH SALEenter upon the Leased Premises and take possession of any and all goods, wares, equipment, fixtures, furniture, improvements and other personal property of Tenant situated on the Leased 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 the 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 itsassigns may purchase unless otherwise prohibited by law. UPON EXECUTION OF THIS LEASEUnless otherwise provided by law, AND FROM TIME TO TIME THEREAFTER UPON LANDLORD’S REQUESTand without intending to exclude any other manner of giving Tenant reasonable notice, TENANT SHALL EXECUTE AS DEBTOR SUCH FINANCING STATEMENTS OR EXTENSIONS OR CHANGE INSTRUMENTS AS LANDLORD MAY NOW OR HEREAFTER REQUEST IN ORDER THAT SUCH SECURITY INTEREST OR INTEREST MAY BE AND REMAIN PERFECTED PURSUANT TO SAID CODEthe requirement of reasonable notice shall be met if such notice is given at least five (5) days before the time of any sale. LANDLORD MAY AT ITS ELECTION AT ANY TIME FILE A COPY OF THIS LEASE AS A FINANCING STATEMENTThe 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 secured by the security interest granted in this section. LANDLORDAny surplus shall be paid to Tenant or as otherwise required by law; and Tenant shall pay any deficiencies forthwith. Upon request by Landlord, AS SECURED PARTYTenant agrees to execute and deliver to Landlord a financing statement in form sufficient to perfect the security interest created herein under the provisions of the Uniform Commercial Code in force in the State of Texas, SHALL BE ENTITLED TO ALL OF THE RIGHTS AND REMEDIES AFFORDED A SECURED PARTY UNDER SAID UNIFORM COMMERCIAL CODEor Landlord may file this Lease or a copy hereof as a financing statement. The statutory lien for rent is not hereby waived; on the contrary, WHICH RIGHTS AND REMEDIES SHALL IN ADDITION TO AND CUMULATIVE OF LANDLORD’S LIENS AND RIGHTS PROVIDED BY LAW OR BY THE OTHER TERMS AND PROVISIONS OF THIS LEASEthe security interest herein granted shall be in addition to and supplementary of said statutory lien. Notwithstanding anything containing in this Section 7.5 to the contrary, Landlord agrees to subordinate its liens and security interest to any lender of Tenant which has a lien or shall be given a lien by Tenant on Tenant’s personal property.

Appears in 1 contract

Samples: Lease (Wintegra Inc)

LANDLORD'S LIEN. 19.1 LANDLORD HAS A CONTRACTUAL LIEN FOR UNPAID RENT THAT IS DUE AND THE LIEN ATTACHES TO NON-EXEMPT PROPERTY AS DEFINED BY SECTION 54.042 OF THE TEXAS PROPERTY CODE THAT IS IN THE LEASED PREMISES OR Tenant HAS STORED IN A STORAGE ROOM. IT IS EXPRESSLY AGREED THAT, IN THE EVENT OF DEFAULT BY TENANT HEREBY GRANTS TO UNDER THIS LEASE, LANDLORD SHALL HAVE A FIRST AND PRIOR LIEN AND SECURITY INTEREST ON UPON ALL GOODS, CHATTELS, OR PERSONAL PROPERTY OF TENANTANY DESCRIPTION BELONGING TO TENANT THAT ARE PLACED IN, INCLUDING BUT NOT LIMITED TO ALL FIXTURESOR BECOME A PART OF, MACHINERY, EQUIPMENT, FURNISHINGS, INVENTORY AND OTHER ARTICLES OF PERSONAL PROPERTY, NOW OR HEREAFTER PLACED IN OR UPON THE LEASED PREMISES, AS SECURITY FOR RENT DUE AND ALSO UPON TO BECOME DUE FOR THE PROCEEDS REMAINDER OF ANY INSURANCE WHICH MAY ACCRUE TO TENANT BY REASON OF DESTRUCTION OF OR DAMAGE TO ANY SUCH PROPERTYTHE CURRENT LEASE TERM. WITHOUT LANDLORD’S PRIOR WRITTEN CONSENT, SUCH PROPERTY THIS LIEN SHALL NOT BE REMOVED FROM IN LIEU OF, OR ANY WAY AFFECT, THE PREMISES AT ANY TIME WHEN A DEFAULT EXISTS UNDER THIS LEASE. THIS STATUTORY LANDLORD’S LIEN AND SECURITY INTEREST SHALL SECURE TENANT’S PERFORMANCE HEREUNDER, AND GIVEN BY LAW BUT SHALL BE IN ADDITION TO THAT LIEN, AND CUMULATIVE OF LANDLORD’S LIENS PROVIDED BY LAW. THIS LEASE SHALL CONSTITUTE A SECURITY AGREEMENT UNDER THE UNIFORM COMMERCIAL CODE SO THAT TENANT GRANTS TO LANDLORD SHALL HAVE AND MAY ENFORCE A SECURITY INTEREST IN ALL PERSONAL PROPERTY PLACED IN OR ON THE LEASED PREMISES FOR PURPOSES OF THIS CONTRACTUAL LIEN. THIS ORDINARY COURSE OF BUSINESS FREE OF SUCH LIEN TO LANDLORD. IF LANDLORD EXERCISES THE OPTION TO TERMINATE THE LEASEHOLD, REENTER, AND RELET THE PREMISES, AS PROVIDED IN THE PRECEDING PARAGRAPH, AND GIVES TENANT REASONABLE NOTICE OF ITS INTENT TO TAKE POSSESSION OF TENANT’S PROPERTY ON THE PREMISES AND AN OPPORTUNITY FOR A HEARING ON THE MATTER, LANDLORD MAY TAKE POSSESSION OF ALL OF SAID TENANT’S PROPERTY ON THE PREMISES. 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, LANDLORD MAY THEN SELL THE PROPERTY AT PUBLIC OR PRIVATE SALE AFTER TEN DAYS WRITTEN NOTICE TO TENANT, FOR CASH OR ON CREDIT, FOR SUCH PRICES AND TERMS AS LANDLORD DEEMS BEST, WITH OR WITHOUT HAVING THE PROPERTY PRESENT AT THE SALE. THE PROCEEDS OF THE SALE SHALL BE APPLIED FIRST TO THE NECESSARY AND PROPER EXPENSE OF REMOVING, STORING, AND SELLING SUCH PROPERTY. UPON , THEN TO THE OCCURRENCE PAYMENT OF AN EVENT OF DEFAULT ANY RENT DUE OR TO BECOME DUE UNDER THIS LEASE, THIS LIEN MAY WITH THE BALANCE, IF ANY, TO BE FORECLOSED WITH OR WITHOUT COURT PROCEEDINGS, BY PUBLIC OR PRIVATE SALE, AND LANDLORD SHALL HAVE THE RIGHT PAID TO BECOME THE PURCHASER UPON BEING THE HIGHEST BIDDER AT SUCH SALE. UPON EXECUTION OF THIS LEASE, AND FROM TIME TO TIME THEREAFTER UPON LANDLORD’S REQUEST, TENANT SHALL EXECUTE AS DEBTOR SUCH FINANCING STATEMENTS OR EXTENSIONS OR CHANGE INSTRUMENTS AS LANDLORD MAY NOW OR HEREAFTER REQUEST IN ORDER THAT SUCH SECURITY INTEREST OR INTEREST MAY BE AND REMAIN PERFECTED PURSUANT TO SAID CODE. LANDLORD MAY AT ITS ELECTION AT ANY TIME FILE A COPY OF THIS LEASE AS A FINANCING STATEMENT. LANDLORD, AS SECURED PARTY, SHALL BE ENTITLED TO ALL OF THE RIGHTS AND REMEDIES AFFORDED A SECURED PARTY UNDER SAID UNIFORM COMMERCIAL CODE, WHICH RIGHTS AND REMEDIES SHALL IN ADDITION TO AND CUMULATIVE OF LANDLORD’S LIENS AND RIGHTS PROVIDED BY LAW OR BY THE OTHER TERMS AND PROVISIONS OF THIS LEASETENANT.

Appears in 1 contract

Samples: Ground Lease Agreement (VCG Holding Corp)

LANDLORD'S LIEN. 19.1 TO SECURE THE PAYMENT OF ALL RENT DUE AND TO BECOME DUE HEREUNDER AND THE FAITHFUL PERFORMANCE OF ALL THE OTHER COVENANTS OF THIS LEASE REQUIRED BY TENANT TO BE PERFORMED, TENANT HEREBY GRANTS GIVES TO LANDLORD A FIRST AND PRIOR AN EXPRESS CONTRACT LIEN ON AND SECURITY INTEREST ON IN ALL PROPERTY OF TENANT, INCLUDING BUT NOT LIMITED TO ALL FIXTURES, MACHINERY, EQUIPMENT, FURNISHINGS, INVENTORY AND OTHER ARTICLES OF PERSONAL PROPERTY, NOW CHATTELS, OR HEREAFTER MERCHANDISE WHICH MAY BE PLACED IN OR UPON THE PREMISES, PREMISES AND ALSO UPON THE ALL PROCEEDS OF ANY INSURANCE WHICH MAY ACCRUE TO TENANT BY REASON OF DAMAGE TO OR DESTRUCTION OF OR DAMAGE TO ANY SUCH PROPERTY. WITHOUT LANDLORD’S PRIOR WRITTEN CONSENT, SUCH PROPERTY SHALL NOT BE REMOVED FROM THE PREMISES AT ANY TIME WHEN A DEFAULT EXISTS UNDER THIS LEASEALL EXEMPTION LAWS ARE HEREBY WAIVED BY TENANT. THIS LIEN AND SECURITY INTEREST SHALL SECURE TENANT’S PERFORMANCE HEREUNDER, ARE GIVEN IN ADDITION TO ANY LANDLORD'S STATUTORY LIEN(S) AND SHALL BE IN ADDITION TO AND CUMULATIVE THERETO. UPON REQUEST OF LANDLORD’S LIENS PROVIDED BY LAW. THIS LEASE SHALL CONSTITUTE A SECURITY AGREEMENT UNDER THE , TENANT AGREES TO EXECUTE UNIFORM COMMERCIAL CODE SO FINANCING STATEMENTS RELATING TO THE AFORESAID SECURITY INTEREST. THE PARTIES AGREE THAT LANDLORD SHALL HAVE AND MAY ENFORCE A SECURITY INTEREST ON ALL COPY OF SAID PROPERTY. UPON THE OCCURRENCE OF AN EVENT OF DEFAULT UNDER THIS LEASE, THIS LIEN FULLY EXECUTED BY LANDLORD AND TENANT, MAY BE FORECLOSED FILED AS A FINANCING STATEMENT WITH THE SECRETARY OF STATE OF THE STATE IN WHICH THE PREMISES ARE LOCATED. ee. NO RIGHT TO PURCHASE. TENANT ACKNOWLEDGES IT HAS NO OPTION, RIGHT OF FIRST REFUSAL, OR WITHOUT COURT PROCEEDINGSOTHER RIGHT TO PURCHASE THE PROJECT. LANDLORD AND TENANT HAVE CAREFULLY READ AND REVIEWED THIS LEASE AND EACH TERM AND PROVISION CONTAINED HEREIN AND, BY PUBLIC OR PRIVATE SALE, AND LANDLORD SHALL HAVE THE RIGHT TO BECOME THE PURCHASER UPON BEING THE HIGHEST BIDDER AT SUCH SALE. UPON EXECUTION OF THIS LEASE, SHOW THEIR INFORMED AND FROM VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGREE THAT, AT THE TIME TO TIME THEREAFTER UPON LANDLORD’S REQUESTTHIS LEASE IS EXECUTED, TENANT SHALL EXECUTE AS DEBTOR SUCH FINANCING STATEMENTS OR EXTENSIONS OR CHANGE INSTRUMENTS AS LANDLORD MAY NOW OR HEREAFTER REQUEST IN ORDER THAT SUCH SECURITY INTEREST OR INTEREST MAY BE AND REMAIN PERFECTED PURSUANT TO SAID CODE. LANDLORD MAY AT ITS ELECTION AT ANY TIME FILE A COPY THE TERMS OF THIS LEASE ARE COMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF LANDLORD AND TENANT WITH RESPECT TO THE PREMISES. IF THIS LEASE HAS BEEN FILLED IN, IT HAS BEEN PREPARED FOR SUBMISSION TO YOUR ATTORNEY FOR HIS APPROVAL. NO REPRESENTATION OR RECOMMENDATION IS MADE AS A FINANCING STATEMENT. LANDLORDTO THE LEGAL SUFFICIENCY, AS SECURED PARTYLEGAL EFFECT, SHALL BE ENTITLED TO ALL OF THE RIGHTS AND REMEDIES AFFORDED A SECURED PARTY UNDER SAID UNIFORM COMMERCIAL CODE, WHICH RIGHTS AND REMEDIES SHALL IN ADDITION TO AND CUMULATIVE OF LANDLORD’S LIENS AND RIGHTS PROVIDED BY LAW OR BY THE OTHER TERMS AND PROVISIONS TAX CONSEQUENCES OF THIS LEASE.LEASE OR THE TRANSACTION RELATING THERETO; THE PARTIES SHALL RELY SOLELY UPON THE ADVICE OF THEIR OWN LEGAL COUNSEL AS TO THE LEGAL AND TAX OF THIS ISSUE. The parties hereto have executed this Lease as of the dates set forth below. Date: Date: ------------------------------------ ----------------------- Landlord, 0000/0000 Xxx Xxxxxx Xxxxxxxxxx, LP, Tenant: MediQuik Services Inc., a California Limited Partnership a Texas Corporation By: Xxxxxxxx Xxxxxxx Group, General By: /s/ X. Xxxxxx Partner ----------------------- Name Printed. By: ------------------------------------ Xxxxxx X. Xxxxxxx, Xx. Title: C.E.O. Title: Executive Vice President TAX ID#: 00-0000000 EXHIBIT "A" FLOOR PLAN (FOR REFERENCE PURPOSES ONLY - MAY NOT BE TO SCALE) (APPROVED FOR CONSTRUCTION) [GRAPHIC OMITTED] 66 EXHIBIT "B" LEGAL DESCRIPTION OF LAND

Appears in 1 contract

Samples: Letter Agreement (Mediquik Services Inc)

LANDLORD'S LIEN. 19.1 IN ADDITION TO ANY LIEN PROVIDED TO LANDLORD AT LAW, TO SECURE THE PAYMENT OF ALL RENT AND OTHER SUMS OF MONEY DUE AND TO BECOME DUE AND THE FAITHFUL PERFORMANCE OF THE LEASE BY TENANT, TENANT HEREBY GRANTS TO LANDLORD A AN EXPRESS FIRST AND PRIOR LIEN AND SECURITY INTEREST ON ALL PROPERTY OF TENANT, (INCLUDING BUT NOT LIMITED TO ALL FIXTURES, MACHINERY, EQUIPMENT, FURNISHINGSCHATTELS AND MERCHANDISE) WHICH MAY BE PLACED IN, INVENTORY AND OTHER ARTICLES OF PERSONAL PROPERTYOR BROUGHT UPON, NOW OR HEREAFTER PLACED IN OR UPON THE LEASED PREMISES, AND ALSO UPON THE ALL PROCEEDS OF ANY INSURANCE WHICH MAY ACCRUE TO TENANT BY REASON OF DESTRUCTION OF OR DAMAGE TO ANY SUCH PROPERTY. WITHOUT LANDLORD’S PRIOR WRITTEN CONSENT, SUCH PROPERTY SHALL NOT BE REMOVED FROM THEREFROM WITHOUT THE PREMISES AT ANY TIME WHEN A DEFAULT EXISTS UNDER THIS LEASEWRITTEN CONSENT OF LANDLORD UNTIL ALL RENT AND OTHER SUMS OF MONEY THEN DUE TO LANDLORD HEREUNDER SHALL FIRST HAVE BEEN PAID. THIS LIEN AND SECURITY INTEREST SHALL SECURE TENANT’S PERFORMANCE HEREUNDER, IS GIVEN IN ADDITION TO LANDLORD'S STATUTORY LIEN AND SHALL BE IN ADDITION TO AND CUMULATIVE OF LANDLORD’S LIENS PROVIDED BY LAWTHERETO. THIS LEASE SHALL CONSTITUTE A SECURITY AGREEMENT UNDER CONCURRENTLY WITH THE UNIFORM COMMERCIAL CODE SO THAT LANDLORD SHALL HAVE AND MAY ENFORCE A SECURITY INTEREST ON ALL OF SAID PROPERTY. UPON THE OCCURRENCE OF AN EVENT OF DEFAULT UNDER THIS LEASE, THIS LIEN MAY BE FORECLOSED WITH OR WITHOUT COURT PROCEEDINGS, BY PUBLIC OR PRIVATE SALE, AND LANDLORD SHALL HAVE THE RIGHT TO BECOME THE PURCHASER UPON BEING THE HIGHEST BIDDER AT SUCH SALE. UPON EXECUTION OF THIS LEASE, AND FROM TIME TO TIME THEREAFTER UPON LANDLORD’S REQUESTTHE LEASE (OR LATER IF REQUESTED BY LANDLORD AT ITS DISCRETION), TENANT SHALL EXECUTE AS DEBTOR SUCH AND DELIVER TO LANDLORD UNIFORM COMMERCIAL CODE FINANCING STATEMENTS OR EXTENSIONS OR CHANGE INSTRUMENTS AS LANDLORD MAY NOW OR HEREAFTER REQUEST IN ORDER SUFFICIENT FORM SO THAT SUCH WHEN PROPERLY FILED, THE SECURITY INTEREST OR INTEREST MAY BE AND REMAIN PERFECTED PURSUANT TO SAID CODE. LANDLORD MAY AT ITS ELECTION AT ANY TIME FILE A COPY OF THIS LEASE AS A FINANCING STATEMENT. LANDLORD, AS SECURED PARTY, HEREBY GIVEN SHALL BE ENTITLED TO PERFECTED. THE LIEN AND SECURITY INTEREST CREATED HEREBY SHALL TERMINATE WHEN ALL OF THE RIGHTS RENT AND REMEDIES AFFORDED A SECURED PARTY UNDER SAID UNIFORM COMMERCIAL CODE, WHICH RIGHTS AND REMEDIES OTHER SUMS OF MONEY BECOMING DUE DURING THE LEASE TERM SHALL HAVE BEEN PAID IN ADDITION TO AND CUMULATIVE OF LANDLORD’S LIENS AND RIGHTS PROVIDED BY LAW OR BY THE OTHER TERMS AND PROVISIONS OF THIS LEASEFULL.

Appears in 1 contract

Samples: Commercial Lease (ETHEMA HEALTH Corp)

LANDLORD'S LIEN. 19.1 IN ADDITION TO ANY STATUTORY LIEN FOR RENT IN LANDLORD’S FAVOR, LANDLORD SHALL HAVE AND TENANT HEREBY GRANTS TO LANDLORD A FIRST AND PRIOR LIEN AND CONTINUING SECURITY INTEREST ON FOR ALL PROPERTY RENTALS AND OTHER SUMS OF MONEY BECOMING DUE HEREUNDER FROM TENANT, INCLUDING BUT NOT LIMITED TO UPON ALL FIXTURESGOODS, MACHINERYWARES, EQUIPMENT, FURNISHINGSFIXTURES, INVENTORY FURNITURE, INVENTORY, ACCOUNTS, CONTRACT RIGHTS, CHATTEL PAPER AND OTHER ARTICLES PERSONAL PROPERTY OF PERSONAL PROPERTY, TENANT NOW OR HEREAFTER PLACED SITUATED AT, ON OR WITHIN THE REAL PROPERTY DESCRIBED IN OR UPON THE PREMISESEXHIBIT A ATTACHED HERETO, AND ALSO UPON THE PROCEEDS OF ANY INSURANCE WHICH MAY ACCRUE TO TENANT BY REASON OF DESTRUCTION OF OR DAMAGE TO ANY SUCH PROPERTY. WITHOUT LANDLORD’S PRIOR WRITTEN CONSENT, SUCH PROPERTY SHALL NOT BE REMOVED THEREFROM WITHOUT THE CONSENT OF LANDLORD UNTIL ALL ARREARAGES IN RENT AS WELL AS ANY AND ALL OTHER SUMS OF MONEY THEN DUE TO LANDLORD HEREUNDER SHALL FIRST HAVE BEEN PAID AND DISCHARGED. IN THE EVENT THAT ANY OF THE FOREGOING DESCRIBED PROPERTY IS REMOVED FROM THE LEASED PREMISES AT ANY TIME WHEN IN VIOLATION OF THIS SECTION, THE SECURITY INTEREST SHALL CONTINUE IN SUCH PROPERTY AND ALL PROCEEDS AND PRODUCTS, REGARDLESS OF LOCATION. PROCEEDS AND PRODUCTS OF COLLATERAL ARE ALSO COVERED. IN THE EVENT OF A DEFAULT EXISTS UNDER THIS LEASE. THIS LIEN AND SECURITY INTEREST , LANDLORD SHALL SECURE TENANT’S PERFORMANCE HEREUNDERHAVE, AND SHALL BE IN ADDITION TO ANY OTHER REMEDIES PROVIDED HEREIN OR BY LAW, ALL RIGHTS AND CUMULATIVE OF REMEDIES UNDER THE UNIFORM COMMERCIAL CODE, INCLUDING WITHOUT LIMITATION THE RIGHT TO SELL THE PROPERTY DESCRIBED IN THIS SECTION AT PUBLIC OR PRIVATE SALE UPON THE REQUISITE NOTICE TO TENANT. AT LANDLORD’S LIENS PROVIDED BY LAW. THIS LEASE SHALL CONSTITUTE REQUEST, TENANT HEREBY AGREES TO EXECUTE AND DELIVER TO LANDLORD, OR TENANT ACKNOWLEDGES THAT LANDLORD MAY EXECUTE WITHOUT THE JOINDER OF TENANT, A FINANCING STATEMENT IN FORM SUFFICIENT TO PERFECT THE SECURITY AGREEMENT INTERESTS GRANTED HEREIN UNDER THE UNIFORM COMMERCIAL CODE SO THAT LANDLORD SHALL HAVE IN FORCE IN THE STATE OF TEXAS AND MAY ENFORCE A SUCH OTHER INSTRUMENTS NECESSARY OR DESIRABLE IN LANDLORD’S DISCRETION TO PERFECT THE SECURITY INTEREST ON ALL OF SAID PROPERTYHEREBY CREATED. UPON ANY STATUTORY LIEN FOR RENT IS NOT HEREBY WAIVED, THE OCCURRENCE OF AN EVENT OF DEFAULT UNDER THIS LEASE, THIS EXPRESS CONTRACTUAL LIEN MAY BE FORECLOSED WITH OR WITHOUT COURT PROCEEDINGS, BY PUBLIC OR PRIVATE SALE, AND LANDLORD SHALL HAVE THE RIGHT TO BECOME THE PURCHASER UPON HEREIN GRANTED BEING THE HIGHEST BIDDER AT SUCH SALE. UPON EXECUTION OF THIS LEASE, AND FROM TIME TO TIME THEREAFTER UPON LANDLORD’S REQUEST, TENANT SHALL EXECUTE AS DEBTOR SUCH FINANCING STATEMENTS OR EXTENSIONS OR CHANGE INSTRUMENTS AS LANDLORD MAY NOW OR HEREAFTER REQUEST IN ORDER THAT SUCH SECURITY INTEREST OR INTEREST MAY BE AND REMAIN PERFECTED PURSUANT TO SAID CODE. LANDLORD MAY AT ITS ELECTION AT ANY TIME FILE A COPY OF THIS LEASE AS A FINANCING STATEMENT. LANDLORD, AS SECURED PARTY, SHALL BE ENTITLED TO ALL OF THE RIGHTS AND REMEDIES AFFORDED A SECURED PARTY UNDER SAID UNIFORM COMMERCIAL CODE, WHICH RIGHTS AND REMEDIES SHALL IN ADDITION TO AND CUMULATIVE OF LANDLORD’S LIENS AND RIGHTS PROVIDED BY LAW OR BY THE OTHER TERMS AND PROVISIONS OF THIS LEASESUPPLEMENTARY THERETO. Notwithstanding the foregoing, however, (A) Tenant shall not be precluded from transferring and otherwise disposing of obsolete or defective goods, or from selling, transferring or replacing any of such personal property in the ordinary course of its business, and routine transfers shall be made free of such lien and security interest, and Landlord shall confirm same in writing as to specific property if reasonably requested by Tenant; and (B) Landlord shall not exercise any lien rights (contractual or statutory) as to the data, information, or materials (i) belonging to Tenant’s clients, (ii) generated by Tenant in connection with clinical studies conducted for its clients, (iii) constituting medical or health records of study subjects, or (iv) required by law or regulation to be maintained by Tenant in connection with its clinical trial business, and any official filing reflecting the lien shall contain the foregoing language in this sentence. The lien possessed hereunder shall not be enforced against Tenant’s personal property prior to a default by Tenant, and if such lien is asserted it shall be promptly released in writing by Landlord if Tenant deposits into the registry of a court of competent jurisdiction in Xxxxxx County, Texas the full amount of the damages being claimed by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Pharmaceutical Product Development Inc)

LANDLORD'S LIEN. 19.1 TENANT HEREBY GRANTS 20.1 IN ADDITION TO THE STATUTORY LANDLORD'S LIEN, LANDLORD SHALL HAVE AT ALL TIMES A FIRST AND PRIOR LIEN AND VALID SECURITY INTEREST ON TO SECURE PAYMENT OF ALL PROPERTY RENTALS AND OTHER SUMS OF MONEY BECOMING DUE HEREUNDER FROM TENANT, INCLUDING BUT NOT LIMITED AND TO SECURE PAYMENT OF ANY DAMAGES OR LOSS WHICH LANDLORD MAY SUFFER BY REASON OF THE BREACH BY TENANT OF ANY COVENANT, AGREEMENT OR CONDITION CONTAINED HEREIN, UPON ALL FIXTURESGOODS, MACHINERYWARES, EQUIPMENT, FURNISHINGSFIXTURES, INVENTORY FURNITURE, IMPROVEMENTS AND OTHER ARTICLES PERSONAL PROPERTY OF PERSONAL PROPERTYTENANT PRESENTLY, NOW OR WHICH MAY HEREAFTER PLACED IN OR UPON BE, SITUATED ON THE DEMISED PREMISES, AND ALSO UPON THE ALL PROCEEDS OF ANY INSURANCE WHICH MAY ACCRUE TO TENANT BY REASON OF DESTRUCTION OF OR DAMAGE TO ANY SUCH PROPERTY. WITHOUT LANDLORD’S PRIOR WRITTEN CONSENTTHEREFROM, AND SUCH PROPERTY SHALL NOT BE REMOVED FROM WITHOUT THE PREMISES AT CONSENT OF LANDLORD UNTIL ALL ARREARAGES IN RENT AS WELL AS ANY TIME WHEN A DEFAULT EXISTS UNDER THIS LEASE. THIS LIEN AND SECURITY INTEREST SHALL SECURE TENANT’S PERFORMANCE HEREUNDER, AND SHALL BE IN ADDITION ALL OTHER SUMS OF MONEY THEN DUE TO AND CUMULATIVE OF LANDLORD’S LIENS PROVIDED BY LAW. THIS LEASE SHALL CONSTITUTE A SECURITY AGREEMENT UNDER THE UNIFORM COMMERCIAL CODE SO THAT LANDLORD SHALL HAVE AND MAY ENFORCE A SECURITY INTEREST ON ALL OF SAID PROPERTY. UPON THE OCCURRENCE OF AN EVENT OF DEFAULT UNDER THIS LEASE, THIS LIEN MAY BE FORECLOSED WITH OR WITHOUT COURT PROCEEDINGS, BY PUBLIC OR PRIVATE SALE, AND LANDLORD SHALL HAVE THE RIGHT TO BECOME DUE TO LANDLORD HEREUNDER SHALL FIRST HAVE BEEN PAID AND DISCHARGED AND ALL THE PURCHASER UPON BEING THE HIGHEST BIDDER AT SUCH SALECOVENANTS, AGREEMENTS AND CONDITIONS HEREOF HAVE BEEN FULLY COMPLIED WITH AND PERFORMED BY TENANT. UPON EXECUTION OF THIS LEASEUpon the occurrence of an event of default by Tenant, AND FROM TIME TO TIME THEREAFTER UPON LANDLORD’S REQUESTLandlord may, TENANT SHALL EXECUTE AS DEBTOR SUCH FINANCING STATEMENTS OR EXTENSIONS OR CHANGE INSTRUMENTS AS LANDLORD MAY NOW OR HEREAFTER REQUEST IN ORDER THAT SUCH SECURITY INTEREST OR INTEREST MAY BE AND REMAIN PERFECTED PURSUANT TO SAID CODEin addition to any other remedies provided herein, enter upon the Demised Premises and take possession of any and all goods, wares, equipment, fixtures, furniture, improvements and other personal property of Tenant situated on the Demised 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 the time and place of any public sale or of the time after which any private sale is to be made, at which sale the Landlord or its assigns may purchase unless otherwise prohibited by law. LANDLORD MAY AT ITS ELECTION AT ANY TIME FILE A COPY OF THIS LEASE AS A FINANCING STATEMENTUnless 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 this lease at least seven (7) days before the time of sale. LANDLORDAny sale made pursuant to the provision of this paragraph shall be deemed to have been a public sale conducted in commercially reasonable manner if held in the Demised Premises or where the property is located after the time, AS SECURED PARTYplace and method of sale and a general description of the types of property to be sold have been advertised in a daily newspaper published in the county in which the property is located, SHALL BE ENTITLED TO ALL OF THE RIGHTS AND REMEDIES AFFORDED A SECURED PARTY UNDER SAID UNIFORM COMMERCIAL CODEfor five (5) consecutive days before the date of the sale. The proceeds from any such disposition, WHICH RIGHTS AND REMEDIES SHALL IN ADDITION TO AND CUMULATIVE OF LANDLORD’S LIENS AND RIGHTS PROVIDED BY LAW OR BY THE OTHER TERMS AND PROVISIONS OF THIS LEASEless any and all expenses connected with the taking of possession, holding and selling of the property (including reasonable attorney's fees and legal expenses), shall be applied as a credit against the indebtedness secured by the security interest granted in this paragraph. Any surplus shall be paid to Tenant or as otherwise required by law; the Tenant shall pay any deficiencies forthwith. Upon the 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 provision of the Uniform Commercial Code (or corresponding state statute or statutes) in force in the state in which the property is located, as well s any other state the laws of which Landlord may at any time consider to applicable. Tenant agrees that Landlord may file a copy of this lease as a financing statement.

Appears in 1 contract

Samples: Standard Building Lease (Care Group Inc)

LANDLORD'S LIEN. 19.1 IN ADDITION TO ANY STATUTORY LIEN FOR RENT IN LANDLORD'S FAVOR, LANDLORD SHALL HAVE, AND TENANT HEREBY GRANTS TO LANDLORD LANDLORD, A FIRST AND PRIOR LIEN AND CONTINUING SECURITY INTEREST ON FOR ALL PROPERTY RENTALS AND OTHER SUMS OF MONEY BECOMING DUE HEREUNDER FROM TENANT, INCLUDING BUT NOT LIMITED TO UPON ALL FIXTURESGOODS, MACHINERYWARES, EQUIPMENT, FURNISHINGSFIXTURES, INVENTORY AND OTHER ARTICLES FURNITURE, INVENTORY, ACCOUNTS, CONTRACT RIGHTS, CHATTEL PAPER ANOTHER PERSONAL PROPERTY OF PERSONAL PROPERTY, NOW OR HEREAFTER PLACED IN OR UPON TENANT SITUATED ON THE PREMISES, AND ALSO UPON THE PROCEEDS OF ANY INSURANCE WHICH MAY ACCRUE TO TENANT BY REASON OF DESTRUCTION OF OR DAMAGE TO ANY SUCH PROPERTY. WITHOUT LANDLORD’S PRIOR WRITTEN CONSENT, SUCH PROPERTY SHALL NOT BE REMOVED FROM THEREFROM WITHOUT THE PREMISES AT CONSENT OF LANDLORD UNTIL ALL ARREARAGES IN RENT AS WELL AS ANY TIME WHEN A DEFAULT EXISTS UNDER THIS LEASEAND ALL OTHER SUMS OF MONEY THEN DUE TO LANDLORD HEREUNDER SHALL FIRST HAVE BEEN PAID AND DISCHARGED. THIS LIEN AND SECURITY INTEREST SHALL SECURE TENANT’S PERFORMANCE HEREUNDER, AND SHALL BE IN ADDITION TO AND CUMULATIVE OF LANDLORD’S LIENS PROVIDED BY LAW. THIS LEASE SHALL CONSTITUTE A SECURITY AGREEMENT UNDER THE UNIFORM COMMERCIAL CODE SO THAT LANDLORD SHALL HAVE AND MAY ENFORCE A SECURITY INTEREST ON ALL OF SAID PROPERTY. UPON THE OCCURRENCE OF AN EVENT OF A DEFAULT UNDER THIS LEASE, THIS LIEN MAY BE FORECLOSED WITH OR WITHOUT COURT PROCEEDINGS, BY PUBLIC OR PRIVATE SALE, AND LANDLORD SHALL HAVE THE RIGHT HAVE, IN ADDITION TO BECOME THE PURCHASER UPON BEING THE HIGHEST BIDDER AT SUCH SALE. UPON EXECUTION OF THIS LEASEANY OTHER REMEDIES PROVIDED HEREIN OR BY LAW, AND FROM TIME TO TIME THEREAFTER UPON LANDLORD’S REQUEST, TENANT SHALL EXECUTE AS DEBTOR SUCH FINANCING STATEMENTS OR EXTENSIONS OR CHANGE INSTRUMENTS AS LANDLORD MAY NOW OR HEREAFTER REQUEST IN ORDER THAT SUCH SECURITY INTEREST OR INTEREST MAY BE AND REMAIN PERFECTED PURSUANT TO SAID CODE. LANDLORD MAY AT ITS ELECTION AT ANY TIME FILE A COPY OF THIS LEASE AS A FINANCING STATEMENT. LANDLORD, AS SECURED PARTY, SHALL BE ENTITLED TO ALL OF THE RIGHTS AND REMEDIES AFFORDED A SECURED PARTY UNDER SAID THE UNIFORM COMMERCIAL CODE, WHICH RIGHTS INCLUDING, WITHOUT LIMITATION, THE RIGHT TO SELL THE PROPERTY DESCRIBED IN THIS PARAGRAPH 20 AT PUBLIC OR PRIVATE SALE UPON FIVE (5) DAYS NOTICE TO TENANT. TENANT HEREBY AGREES TO EXECUTE SUCH FINANCING STATEMENTS AND REMEDIES SHALL OTHER INSTRUMENTS NECESSARY OR DESIRABLE IN LANDLORD'S DISCRETION TO PERFECT THE SECURITY INTEREST HEREBY CREATED. ANY STATUTORY LIEN FOR RENT IS NOT HEREBY WAIVED, THE EXPRESS CONTRACTUAL LIEN HEREIN GRANTED BEING IN ADDITION TO AND CUMULATIVE OF LANDLORD’S LIENS AND RIGHTS PROVIDED BY LAW OR BY THE OTHER TERMS AND PROVISIONS OF THIS LEASESUPPLEMENTARY THERETO.

Appears in 1 contract

Samples: Lease Agreement (Industrial Data Systems Corp)

LANDLORD'S LIEN. 19.1 LANDLORD SHALL HAVE AND TENANT HEREBY GRANTS TO LANDLORD A FIRST AND PRIOR LIEN AND CONTINUING SECURITY INTEREST ON FOR ALL PROPERTY RENT AND OTHER SUMS OF MONEY DUE OR TO BECOME DUE HEREUNDER FROM TENANT, INCLUDING BUT NOT LIMITED TO UPON ALL FIXTURESGOODS, MACHINERYWARES, EQUIPMENT, FURNISHINGSFIXTURES, INVENTORY FURNITURE, INVENTORY, ACCOUNTS, DOCUMENTS, GENERAL INTANGIBLES, CHATTEL PAPER, DEPOSIT ACCOUNTS, DOCUMENTS, INSTRUMENTS, INVESTMENT PROPERTY AND OTHER ARTICLES PERSONAL PROPERTY OF PERSONAL PROPERTY, TENANT NOW OWNED OR HEREAFTER PLACED IN ACQUIRED (COLLECTIVELY “COLLATERAL”) AND SITUATED (OR UPON THE PREMISESDOCUMENTS EVIDENCING SUCH COLLATERAL KEPT) ON, AND ALSO UPON THE PROCEEDS OF ANY INSURANCE WHICH MAY ACCRUE TO TENANT BY REASON OF DESTRUCTION OF AT, OR DAMAGE TO ANY SUCH PROPERTY. WITHOUT LANDLORD’S PRIOR WRITTEN CONSENT, SUCH PROPERTY SHALL NOT BE REMOVED FROM WITHIN THE PREMISES WHICH IS LOCATED AT ANY TIME WHEN A DEFAULT EXISTS UNDER THIS LEASE0000 Xxxxxx Xxxxxxxxx, Xxxxx 000, Xxxxxx, Xxxxx. THIS LIEN AND SECURITY INTEREST SHALL SECURE TENANT’S PERFORMANCE HEREUNDER, AND SHALL BE SUCH COLLATERAL (OTHER THAN INVENTORY SOLD IN ADDITION THE ORDINARY COURSE OF BUSINESS PRIOR TO AND CUMULATIVE OF LANDLORD’S LIENS PROVIDED BY LAW. THIS LEASE SHALL CONSTITUTE A SECURITY AGREEMENT UNDER THE UNIFORM COMMERCIAL CODE SO THAT LANDLORD SHALL HAVE AND MAY ENFORCE A SECURITY INTEREST ON ALL OF SAID PROPERTY. UPON THE OCCURRENCE OF AN EVENT OF DEFAULT) SHALL NOT BE REMOVED THEREFROM WITHOUT THE WRITTEN CONSENT OF LANDLORD. CASH, NON-CASH PROCEEDS, AND PRODUCTS OF COLLATERAL ARE ALSO COVERED. IN THE EVENT OF A DEFAULT UNDER THIS LEASE, THIS LIEN MAY BE FORECLOSED WITH OR WITHOUT COURT PROCEEDINGS, BY PUBLIC OR PRIVATE SALE, AND LANDLORD SHALL HAVE THE RIGHT IN ADDITION TO BECOME THE PURCHASER UPON BEING THE HIGHEST BIDDER AT SUCH SALE. UPON EXECUTION OF THIS LEASEANY OTHER REMEDIES PROVIDED HEREIN OR BY LAW, AND FROM TIME TO TIME THEREAFTER UPON LANDLORD’S REQUEST, TENANT SHALL EXECUTE AS DEBTOR SUCH FINANCING STATEMENTS OR EXTENSIONS OR CHANGE INSTRUMENTS AS LANDLORD MAY NOW OR HEREAFTER REQUEST IN ORDER THAT SUCH SECURITY INTEREST OR INTEREST MAY BE AND REMAIN PERFECTED PURSUANT TO SAID CODE. LANDLORD MAY AT ITS ELECTION AT ANY TIME FILE A COPY OF THIS LEASE AS A FINANCING STATEMENT. LANDLORD, AS SECURED PARTY, SHALL BE ENTITLED TO ALL OF THE RIGHTS AND REMEDIES AFFORDED A SECURED PARTY UNDER SAID THE UNIFORM COMMERCIAL CODE, WHICH RIGHTS INCLUDING WITHOUT LIMITATION THE RIGHT TO SELL THE PROPERTY DESCRIBED IN THIS PARAGRAPH AT PUBLIC OR PRIVATE SALE UPON AT LEAST TEN (10) DAYS NOTICE TO TENANT. TENANT HEREBY AGREES TO EXECUTE AND REMEDIES SHALL AUTHORIZES LANDLORD TO EXECUTE ON ITS BEHALF SUCH OTHER INSTRUMENTS NECESSARY OR DESIRABLE IN LANDLORD’S DISCRETION TO PERFECT THE SECURITY INTEREST HEREBY CREATED. ANY STATUTORY LIEN FOR RENT IS NOT HEREBY WAIVED, THE EXPRESS CONTRACTUAL LIEN HEREIN GRANTED BEING IN ADDITION AND SUPPLEMENTARY THERETO. LANDLORD AND TENANT AGREE THAT THIS LEASE AND SECURITY AGREEMENT MAY SERVE AS A FINANCING STATEMENT AND THAT A COPY OR PHOTOGRAPHIC OR OTHER REPRODUCTION OF THIS PORTION OF THIS LEASE MAY BE FILED OF RECORD BY LANDLORD AND HAVE THE SAME FORCE AND EFFECT AS THE ORIGINAL. LANDLORD IS FURTHER AUTHORIZED TO PERFECT ITS SECURITY INTEREST IN ACCORDANCE WITH THEN APPLICABLE LAW. THIS SECURITY AGREEMENT AND CUMULATIVE FINANCING STATEMENT ALSO COVERS FIXTURES LOCATED AT THE PREMISES, AND MAY BE FILED FOR RECORD IN THE REAL ESTATE RECORDS FOR THE COUNTY IN WHICH THE PREMISES ARE LOCATED. TENANT WARRANTS THAT THE COLLATERAL SUBJECT TO THE SECURITY INTEREST GRANTED HEREIN IS NOT PURCHASES OR USED BY TENANT FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES. TENANTS STATE OF LANDLORDORGANIZATION IS Connecticut. TENANT’S LIENS CHIEF EXECUTIVE OFFICES ARE LOCATED IN Connecticut. LANDLORD AND RIGHTS PROVIDED BY LAW OR TENANT ADDITIONALLY AGREE THAT THIS SECURITY INTEREST EXCLUDES INCIDENTAL TANGIBLE PERSONAL PROPERTY (AS DETERMINED BY THE OTHER TERMS AND PROVISIONS LANDLORD IN ITS REASONABLE JUDGMENT TO HAVE NEGLIGIBLE NET MARKET VALUE IN THE EVENT OF THIS LEASEDISPOSITION BY SALE) LEFTR OR ABANDONED UPON THE PREMISES FOLLOWING THE VACATING OR ABANDONMENT OF THE PREMISES BY TENANT.

Appears in 1 contract

Samples: Lease Agreement (Tangoe Inc)

LANDLORD'S LIEN. 19.1 LANDLORD SHALL HAVE AND TENANT HEREBY GRANTS TO LANDLORD A FIRST AND PRIOR LIEN AND CONTINUING SECURITY INTEREST ON FOR ALL RENT AND OTHER SUMS OF MONEY BECOMING DUE HEREUNDER FROM TENANT, UPON ALL EQUIPMENT, FIXTURES, FURNITURE, AND OTHER PERSONAL PROPERTY OF TENANT, INCLUDING TENANT SITUATED ON THE PREMISES (BUT NOT LIMITED TO ALL FIXTURES, MACHINERY, EQUIPMENT, FURNISHINGS, INVENTORY AND OTHER ARTICLES OF PERSONAL TENANT'S INTANGIBLE PROPERTY, NOW INTELLECTUAL PROPERTY OR HEREAFTER PLACED IN OR UPON THE PREMISESBOOKS AND RECORDS), WHICH IS LOCATED AT 00000 XXXXX XXXXX XXXXXXX, XXXXXXXX XX, XXXXXX, XXXXX, AND ALSO UPON THE PROCEEDS OF ANY INSURANCE WHICH MAY ACCRUE TO TENANT BY REASON OF DESTRUCTION OF OR DAMAGE TO ANY SUCH PROPERTY. WITHOUT LANDLORD’S PRIOR WRITTEN CONSENT, SUCH PROPERTY SHALL NOT BE REMOVED FROM THEREFROM WITHOUT THE PREMISES AT CONSENT OF LANDLORD UNTIL ALL ARREARAGES IN RENT AS WELL AS ANY TIME WHEN A DEFAULT EXISTS UNDER THIS LEASEAND ALL OTHER SUMS OF MONEY THEN DUE TO LANDLORD HEREUNDER SHALL FIRST HAVE BEEN PAID AND DISCHARGED. THIS LIEN AND SECURITY INTEREST SHALL SECURE TENANT’S PERFORMANCE HEREUNDER, AND SHALL BE PRODUCTS OF COLLATERAL ARE ALSO COVERED. IN ADDITION TO AND CUMULATIVE OF LANDLORD’S LIENS PROVIDED BY LAW. THIS LEASE SHALL CONSTITUTE A SECURITY AGREEMENT UNDER THE UNIFORM COMMERCIAL CODE SO THAT LANDLORD SHALL HAVE AND MAY ENFORCE A SECURITY INTEREST ON ALL OF SAID PROPERTY. UPON THE OCCURRENCE OF AN EVENT OF A DEFAULT UNDER THIS LEASE, THIS LIEN MAY BE FORECLOSED WITH OR WITHOUT COURT PROCEEDINGS, BY PUBLIC OR PRIVATE SALE, AND LANDLORD SHALL HAVE THE RIGHT HAVE, IN ADDITION TO BECOME THE PURCHASER UPON BEING THE HIGHEST BIDDER AT SUCH SALE. UPON EXECUTION OF THIS LEASEANY OTHER REMEDIES PROVIDED HEREIN OR BY LAW, AND FROM TIME TO TIME THEREAFTER UPON LANDLORD’S REQUEST, TENANT SHALL EXECUTE AS DEBTOR SUCH FINANCING STATEMENTS OR EXTENSIONS OR CHANGE INSTRUMENTS AS LANDLORD MAY NOW OR HEREAFTER REQUEST IN ORDER THAT SUCH SECURITY INTEREST OR INTEREST MAY BE AND REMAIN PERFECTED PURSUANT TO SAID CODE. LANDLORD MAY AT ITS ELECTION AT ANY TIME FILE A COPY OF THIS LEASE AS A FINANCING STATEMENT. LANDLORD, AS SECURED PARTY, SHALL BE ENTITLED TO ALL OF THE RIGHTS AND REMEDIES AFFORDED A SECURED PARTY UNDER SAID THE UNIFORM COMMERCIAL CODE, WHICH RIGHTS AND REMEDIES SHALL INCLUDING WITHOUT LIMITATION THE RIGHT TO SELL THE PROPERTY DESCRIBED IN THIS PARAGRAPH AT PUBLIC OR PRIVATE SALE UPON FIVE (5) DAYS NOTICE TO TENANT. TENANT HEREBY AGREES TO EXECUTE SUCH OTHER INSTRUMENTS NECESSARY OR DESIRABLE IN LANDLORD'S DISCRETION TO PERFECT THE SECURITY INTEREST HEREBY CREATED. ANY STATUTORY LIEN FOR RENT IS NOT HEREBY WAIVED, THE EXPRESS CONTRACTUAL LIEN HEREIN GRANTED BEING IN ADDITION TO AND CUMULATIVE OF LANDLORD’S LIENS SUPPLEMENTARY THERETO. LANDLORD AND RIGHTS PROVIDED BY LAW TENANT AGREE THAT THIS LEASE AND SECURITY AGREEMENT SERVES AS A FINANCING STATEMENT AND THAT A COPY OR BY THE PHOTOGRAPHIC OR OTHER TERMS AND PROVISIONS REPRODUCTION OF THIS LEASEPORTION OF THIS LEASE MAY BE FILED OF RECORD BY LANDLORD AND HAVE THE SAME FORCE AND EFFECT AS THE ORIGINAL. THIS SECURITY AGREEMENT AND FINANCING STATEMENT ALSO COVERS FIXTURES LOCATED AT THE PREMISES, AND MAY BE FILED FOR RECORD IN THE REAL ESTATE RECORDS. TENANT WARRANTS THAT THE COLLATERAL SUBJECT TO THE SECURITY INTEREST GRANTED HEREIN IS NOT PURCHASED OR USED BY TENANT FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES. LANDLORD'S LIENS AS AFORESAID SHALL BE SUBORDINATE TO A SINGLE INSTITUTIONAL LENDER DESIGNATED BY TENANT AND ANY LENDER PROVIDING PURCHASE MONEY OR EQUIPMENT LEASING FINANCING TO TENANT.

Appears in 1 contract

Samples: Lease (Pervasive Software Inc)

LANDLORD'S LIEN. 19.1 IN ADDITION TO THE STATUTORY LANDLORD’S LIEN, TENANT HEREBY GRANTS TO LANDLORD A FIRST AND PRIOR LIEN AND SECURITY INTEREST ON TO SECURE PAYMENT OF ALL PROPERTY RENT AND OTHER SUMS OF MONEY BECOMING DUE HEREUNDER FROM TENANT, INCLUDING BUT NOT LIMITED TO UPON ALL FIXTURESGOODS, MACHINERYWARES, EQUIPMENT, FURNISHINGSFIXTURES, INVENTORY FURNITURE, AND OTHER ARTICLES PERSONAL PROPERTY OF PERSONAL PROPERTY, NOW OR HEREAFTER PLACED TENANT SITUATED IN OR UPON THE PREMISES, AND ALSO UPON TOGETHER WITH THE PROCEEDS OF ANY INSURANCE WHICH MAY ACCRUE TO TENANT BY REASON OF DESTRUCTION OF FROM THE SALE OR DAMAGE TO ANY SUCH PROPERTY. WITHOUT LANDLORD’S PRIOR WRITTEN CONSENTLEASE THEREOF, SUCH PROPERTY SHALL NOT BE REMOVED FROM WITHOUT THE PREMISES AT ANY TIME WHEN A DEFAULT EXISTS UNDER THIS LEASE. THIS LIEN CONSENT OF LANDLORD UNTIL ALL ARREARAGES IN RENT AND SECURITY INTEREST OTHER SUMS OF MONEY THEN DUE TO LANDLORD HEREUNDER SHALL SECURE TENANT’S PERFORMANCE HEREUNDER, FIRST HAVE BEEN PAID AND SHALL BE IN ADDITION TO AND CUMULATIVE OF LANDLORD’S LIENS PROVIDED BY LAW. THIS LEASE SHALL CONSTITUTE A SECURITY AGREEMENT UNDER THE UNIFORM COMMERCIAL CODE SO THAT LANDLORD SHALL HAVE AND MAY ENFORCE A SECURITY INTEREST ON ALL OF SAID PROPERTYDISCHARGED. UPON THE OCCURRENCE OF AN ANY EVENT OF DEFAULT UNDER THIS LEASEDEFAULT, THIS LIEN MAY BE FORECLOSED WITH LANDLORD MAY, IN ADDITION TO ANY OTHER REMEDIES PROVIDED HEREIN OR BY LAW, ENTER UPON THE PREMISES AND TAKE POSSESSION OF ANY AND ALL GOODS, WARES, EQUIPMENT, FIXTURES, AND OTHER PERSONAL PROPERTY OF TENANT SITUATED ON THE PREMISES WITHOUT COURT PROCEEDINGSLIABILITY OF TRESPASS OR CONVERSION, BY AND SELL THE SAME AT PUBLIC OR PRIVATE SALE, WITH OR WITHOUT HAVING SUCH PROPERTY AT THE SALE, AFTER GIVING TENANT REASONABLE NOTICE OF THE TIME AND LANDLORD SHALL HAVE THE RIGHT TO BECOME THE PURCHASER UPON BEING THE HIGHEST BIDDER AT PLACE OF ANY SUCH SALE. UPON EXECUTION UNLESS OTHERWISE REQUIRED BY LAW, NOTICE TO TENANT OF SUCH SALE SHALL BE DEEMED SUFFICIENT IF GIVEN IN THE MANNER PRESCRIBED IN THIS LEASELEASE AT LEAST TEN (10) DAYS BEFORE THE TIME OF THE SALE. ANY PUBLIC SALE MADE UNDER THIS PARAGRAPH SHALL BE DEEMED TO HAVE BEEN CONDUCTED IN A COMMERCIALLY REASONABLE MANNER IF HELD IN THE PREMISES OR WHERE THE PROPERTY IS LOCATED, AFTER THE TIME, PLACE, AND FROM TIME METHOD OF SALE AND A GENERAL DESCRIPTION OF THE TYPES OF PROPERTY TO TIME THEREAFTER UPON LANDLORD’S REQUESTBE SOLD HAVE BEEN ADVERTISED IN A DAILY NEWSPAPER PUBLISHED IN XXXXXX COUNTY, TENANT SHALL EXECUTE AS DEBTOR SUCH FINANCING STATEMENTS OR EXTENSIONS OR CHANGE INSTRUMENTS AS LANDLORD MAY NOW OR HEREAFTER REQUEST IN ORDER THAT SUCH SECURITY INTEREST OR INTEREST MAY BE AND REMAIN PERFECTED PURSUANT TO SAID CODETEXAS, FOR FIVE (5) CONSECUTIVE DAYS BEFORE THE DATE OF THE SALE. LANDLORD OR ITS ASSIGNS MAY PURCHASE AT ITS ELECTION A PUBLIC SALE AND, UNLESS PROHIBITED BY LAW, AT A PRIVATE SALE. THE PROCEEDS FROM ANY TIME FILE A COPY DISPOSITION DEALT WITHIN THIS PARAGRAPH, LESS ANY AND ALL EXPENSES CONNECTED WITH THE TAKING OF THIS LEASE AS A FINANCING STATEMENT. LANDLORDPOSSESSION, AS SECURED PARTYHOLDING, AND SELLING OF PROPERTY (INCLUDING REASONABLE ATTORNEYS’ FEES AND LEGAL EXPENSES), SHALL BE ENTITLED APPLIED AS A CREDIT AGAINST THE INDEBTEDNESS SECURED BY THE SECURITY INTEREST GRANTED HEREIN. ANY SURPLUS SHALL BE PAID TO ALL TENANT OR AS OTHERWISE REQUIRED BY LAW; 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 RIGHTS AND REMEDIES AFFORDED A SECURED PARTY UNDER SAID UNIFORM COMMERCIAL CODE, WHICH RIGHTS AND REMEDIES SHALL CODE IN FORCE IN THE STATE OF TEXAS. THE STATUTORY LIEN FOR RENT IS EXPRESSLY RESERVED; THE SECURITY INTEREST HEREIN GRANTED IS IN ADDITION TO AND CUMULATIVE OF SUPPLEMENTARY THERETO. NOTWITHSTANDING THE FOREGOING, THIS LANDLORD’S LIEN SHALL BE SUBORDINATE TO ANY LIENS AND RIGHTS PROVIDED BY LAW TENANT OR A-G GEOPHYSICAL PRODUCTS, INC. TO LANDLORD RESPECTING THE SECURITY DOCUMENTS EXECUTED OF EVEN DATE HEREWITH BY THE OTHER TERMS AND PROVISIONS PARTIES IN CONNECTION WITH THE PURCHASE BY TENANT OF THIS LEASETHE BUSINESS OF A-G GEOPHYSICAL PRODUCTS, INC., OR FOR ANY LIEN FOR THE PURCHASE BY TENANT OF ANY FURNITURE, EQUIPMENT, INVENTORY OR PERSONAL PROPERTY.

Appears in 1 contract

Samples: Lease Agreement (Bolt Technology Corp)

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