Common use of LANDLORD'S LIEN Clause in Contracts

LANDLORD'S LIEN. All property on the Premises is hereby subjected to a contractual landlord's lien, unless specifically waived by the Board, to secure payment of delinquent rent and other sums due and unpaid under this Lease, any and all exemption laws being hereby expressly waived in favor of such landlord's lien; and it is agreed that such landlord's lien shall not be construed as a waiver of any statutory or other lien given or which may be given to the Board but shall be in addition thereto. It is agreed by Concessionaire that in the event of default by Concessionaire hereunder the Board shall have the right, upon 30 days prior written notice, to sell Concessionaire's property found on the Premises at a public or private sale with proceeds of the sale applied first to the cost of the sale, then to the cost of storage of the property, if any, and then to the indebtedness of Concessionaire, with the surplus, if any, to be mailed to Concessionaire at the address herein designated. Concessionaire further agrees to hold harmless from and indemnify the Airport Board and the Cities of Dallas and Fort Worth including but not limited to: the Board's directors, officers, agents, employees, and the Cities' council-members, officers, agents and employees against any loss or damage or claim arising out of the action of the Board in pursuance of this paragraph, except for any loss, damage, or claim caused by the negligence or willful misconduct of the Board or its employees, acting within the course and scope of employment. The contractual lien granted hereunder is a security interest pursuant to the Texas Business and Commerce Code, and the Board shall have all rights and remedies of a secured party thereunder.

LANDLORD'S LIEN. All property on the Premises is hereby subjected to a contractual landlord's lien, unless specifically waived by the Board, to secure payment of delinquent rent and other sums due and unpaid under this Lease, any and all exemption laws being hereby expressly waived in favor of such landlord's lien; and it is agreed that such landlord's lien shall not be construed as a waiver of any statutory or other lien given or which may be given to the Board but shall be in addition thereto. It is agreed by Concessionaire that in the event of default by Concessionaire hereunder the Board shall have the right, upon 30 days prior written notice, to sell Concessionaire's property found on the Premises at a public or private sale with proceeds of the sale applied first to the cost of the sale, then to the cost of storage of the property, if any, and then to the indebtedness of Concessionaire, with the surplus, if any, to be mailed to Concessionaire at the address herein designated. Concessionaire further agrees to hold harmless from and indemnify the Airport Board and the Cities of Dallas and Fort Worth including but not limited to: the Board's directors, officers, agents, employees, and the Cities' council-council- members, officers, agents and employees against any loss or damage or claim arising out of the action of the Board in pursuance of this paragraph, except for any loss, damage, or claim caused by the negligence or willful misconduct of the Board or its employees, acting within the course and scope of employment. The contractual lien granted hereunder is a security interest pursuant to the Texas Business and Commerce Code, and the Board shall have all rights and remedies of a secured party thereunder.

LANDLORD'S LIEN. All property on the Premises is hereby subjected In addition to a contractual landlord's any applicable common law or statutory lien, unless specifically none of which are to be deemed waived by the BoardLandlord, Landlord shall have, at all times, and Tenant hereby grants to Landlord, a valid lien and security interest to secure payment of delinquent rent all rentals and other sums of money becoming due hereunder from Tenant, and unpaid under this Leaseto secure payment of any damages or loss which Landlord may suffer by reason of the breach by Tenant of any covenant, agreement or condition contained herein, upon all goods, wares, equipment, fixtures, furniture, improvements and other personal property of Tenant which may hereafter be situated on the Premises, and all proceeds therefrom, and such property shall not be removed therefrom without the consent of Landlord until all arrearage in Rent as well as any and all exemption laws being hereby expressly waived in favor other sums of such landlord's lien; money then due to Landlord hereunder shall first have been paid and it is agreed that such landlord's discharged and all the covenants, agreements and conditions hereof have been fully complied with and performed by Tenant. Landlord covenants and agrees to subordinate the lien shall not be construed as granted hereunder to any commercial lender which Tenant grants a waiver security interest. Upon the occurrence of any statutory or other lien given or which may be given an Event of Default by Tenant, but subject to the Board but shall be in addition thereto. It is agreed by Concessionaire that in the event of default by Concessionaire hereunder the Board shall have the right, upon 30 days prior written notice, to sell Concessionaire's property found on the Premises at a public or private sale with proceeds of the sale applied first to the cost of the sale, then to the cost of storage of the propertyTenant’s lender rights, if any, after the expiration of all stated notice and then cure periods, Landlord may, in addition to any other remedies provided herein, peaceably enter upon the Premises and take possession of any and all goods, wares, equipment, fixtures, furniture, improvements and other personal property of Tenant situated on the Premises, without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property at the sale, after giving Tenant reasonable notice of time and place of any public sale or of the time after which any private sale is to be made, at which sale Landlord or its assigns may purchase unless otherwise prohibited by law. Unless otherwise provided by law, and without intending to exclude any other manner of giving Tenant reasonable notice, the requirement of reasonable notice shall be met if such notice is given in the manner prescribed in Article 28 of this Lease at least five (5) days before the time of sale. The proceeds from any such disposition, less all expenses connected with the taking of possession, holding and selling of the property (including reasonable attorney’s fees and other expenses), shall be applied as a credit against the indebtedness secured by the security interest granted in this Article 23. Any surplus shall be paid to Tenant or as otherwise required by law; and Tenant shall pay any deficiencies forthwith. Upon request by Xxxxxxxx, Xxxxxx agrees to execute and deliver to Landlord a financing statement in form sufficient to perfect the security interest of Landlord in the aforementioned property and proceeds thereof under the provisions of the Uniform Commercial Code in force in the Commonwealth of Pennsylvania. Notwithstanding the foregoing, the parties acknowledge and agree that Xxxxxx’s lender may have superior rights to the indebtedness property noted herein. After notice by Xxxxxxxx in accordance with Article 28 hereof, Tenant shall use its best efforts to obtain, within forty-five (45) days of Concessionairesuch notice, with a waiver of all such rights from its lender in this regard, and, failing to obtain such waiver, that Tenant shall use its best efforts to obtain from such lender, the surplusright to grant a subordinated lien to Landlord in such goods, if any, to be mailed to Concessionaire at the address herein designated. Concessionaire further agrees to hold harmless from and indemnify the Airport Board and the Cities of Dallas and Fort Worth including but not limited to: the Board's directors, officers, agents, employees, and the Cities' council-members, officers, agents and employees against any loss or damage or claim arising out of the action of the Board in pursuance of this paragraph, except for any loss, damage, or claim caused by the negligence or willful misconduct of the Board or its employees, acting within the course and scope of employment. The contractual lien granted hereunder is a security interest pursuant second only to the Texas Business and Commerce Code, and the Board shall have all rights and remedies lien of a secured party thereundersuch lender.

LANDLORD'S LIEN. All property on Landlord shall have at all times during the Premises is hereby subjected to Term of this Agreement, a contractual landlord's lien, unless specifically waived by the Board, to secure payment of delinquent rent valid lien for all rents and other sums of money becoming due hereunder from Tenant, upon all goods, accounts, wares, merchandise, inventory, furniture, fixtures, equipment, vehicles and unpaid under other personal property and effects of Tenant situated in or upon the Leased Property, including Tenant's Personal Property and any interest of Tenant in P&E Replacements, but specifically excluding the trade names "ARC," "American Retirement Corporation," "Homewood Residence," or any derivation or replacement thereof or addition thereto applied by Affiliated Persons of Guarantor to other facilities, and such property shall not be removed therefrom except in accordance with the terms of this Lease, Agreement without the approval and consent of Landlord until all arrearages in Rent as well as any and all exemption laws being other sums of money then due to Landlord hereunder shall first have been paid and discharged in full. Alternatively, the lien hereby expressly waived in favor of such landlord's lien; and it is agreed that such landlord's lien shall not be construed as a waiver of any statutory or other lien given or which granted may be given to the Board but shall be in addition thereto. It is agreed by Concessionaire that foreclosed in the event manner and form provided by law for foreclosure of default security interests or in any other manner and form provided by Concessionaire hereunder the Board shall have the right, upon 30 days prior written notice, to sell Concessionaire's property found on the Premises at a public or private sale with proceeds of the sale applied first to the cost of the sale, then to the cost of storage of the propertylaw. The statutory lien for Rent, if any, is not hereby waived and then the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the indebtedness Term of Concessionairethis Agreement such Financing Statements as may be required by Landlord in order to perfect the Landlord's lien provided herein or granted or created by state law. Tenant further agrees that during an Event of Default, with the surplusTenant shall not make any distributions to its shareholders, if anypartners, members or other owners and any such distributions shall be considered and deemed to be mailed fraudulent and preferential and subordinate to Concessionaire at the address herein designated. Concessionaire further agrees to hold harmless from Landlord's claim for Rent and indemnify the Airport Board and the Cities of Dallas and Fort Worth including but not limited to: the Board's directors, officers, agents, employees, and the Cities' council-members, officers, agents and employees against any loss or damage or claim arising out of the action of the Board in pursuance of this paragraph, except for any loss, damage, or claim caused by the negligence or willful misconduct of the Board or its employees, acting within the course and scope of employment. The contractual lien granted hereunder is a security interest pursuant to the Texas Business and Commerce Code, and the Board shall have all rights and remedies of a secured party thereunderother sums hereunder.

LANDLORD'S LIEN. All property on Landlord shall have at all times during the Premises is hereby subjected to Term of this Lease, a contractual landlord's lien, unless specifically waived by the Board, to secure payment of delinquent rent valid lien for all rents and other sums of money becoming due hereunder from Tenant, upon all goods, wares, merchandise, inventory, furniture, fixtures, equipment and unpaid under this Leaseother personal property and effects of Tenant situated in or upon the Premises, and such property shall not be removed therefrom without the approval and consent of Landlord (which shall not be unreasonably withheld, delayed or conditioned) until all arrearage in rent as well as any and all exemption laws being hereby expressly waived other sums of money then due to Landlord hereunder shall first have been paid and discharged in favor of such landlord's lien; and it is agreed that such landlord's lien shall not be construed as a waiver full. Upon the occurrence of any statutory or other lien given or which may be given to the Board but shall be Event of Default by Tenant, Landlord may, in addition thereto. It is agreed to any other remedies provided herein or by Concessionaire that in the event of default by Concessionaire hereunder the Board shall have the rightlaw, enter upon 30 days prior written notice, to sell Concessionaire's property found on the Premises and take possession of any and all goods, wares, merchandise, inventory, furniture, fixtures, equipment and other personal property and effects of Tenant situated in or upon the Premises without liability for trespass or conversion, and sell the same at a public or private sale sale, with proceeds of the sale applied first to the cost of or without having such property at the sale, then to at which Landlord or its assigns may purchase, and apply the cost proceeds thereof, less any and all expenses connected with the taking of storage possession and sale of the property, if anyas a credit against any sums due by Tenant and Tenant agrees to pay any deficiency forthwith. Alternatively, the lien hereby granted may be foreclosed in the manner and then to the indebtedness form provided by law for foreclosure of Concessionaire, with the surplussecurity interests or in any other manner and form provided by law. The statutory lien for rent, if any, to be mailed to Concessionaire at the address herein designated. Concessionaire further agrees to hold harmless from and indemnify the Airport Board is not hereby waived and the Cities of Dallas and Fort Worth including but not limited to: the Board's directors, officers, agents, employees, and the Cities' council-members, officers, agents and employees against any loss or damage or claim arising out of the action of the Board in pursuance of this paragraph, except for any loss, damage, or claim caused by the negligence or willful misconduct of the Board or its employees, acting within the course and scope of employment. The express contractual lien herein granted hereunder is a security interest pursuant to the Texas Business in addition thereto and Commerce Code, and the Board shall have all rights and remedies of a secured party thereundersupplementary thereto.

LANDLORD'S LIEN. All property on Landlord shall have at all times during the Premises is hereby subjected to Term of this Agreement, a contractual landlord's lien, unless specifically waived by the Board, to secure payment of delinquent rent valid lien for all rents and other sums of money becoming due hereunder from Tenant, upon all goods, accounts, wares, merchandise, inventory, furniture, fixtures, equipment, vehicles and unpaid under other personal property and effects of Tenant situated in or upon the Leased Property, including Tenant's Personal Property and any interest of Tenant in P&E Replacements, but specifically excluding the trade names "ARC," "American Retirement Corporation," "Heritage Club," or any derivation or replacement thereof or addition thereto applied by Affiliated Persons of Guarantor to other facilities, and such property shall not be removed therefrom except in accordance with the terms of this Lease, Agreement without the approval and consent of Landlord until all arrearages in Rent as well as any and all exemption laws being other sums of money then due to Landlord hereunder shall first have been paid and discharged in full. Alternatively, the lien hereby expressly waived in favor of such landlord's lien; and it is agreed that such landlord's lien shall not be construed as a waiver of any statutory or other lien given or which granted may be given to the Board but shall be in addition thereto. It is agreed by Concessionaire that foreclosed in the event manner and form provided by law for foreclosure of default security interests or in any other manner and form provided by Concessionaire hereunder the Board shall have the right, upon 30 days prior written notice, to sell Concessionaire's property found on the Premises at a public or private sale with proceeds of the sale applied first to the cost of the sale, then to the cost of storage of the propertylaw. The statutory lien for Rent, if any, is not hereby waived and then the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the indebtedness Term of Concessionairethis Agreement such Financing Statements as may be required by Landlord in order to perfect the Landlord's lien provided herein or granted or created by state law. Tenant further agrees that during an Event of Default, with the surplusTenant shall not make any distributions to its shareholders, if anypartners, members or other owners and any such distributions shall be considered and deemed to be mailed fraudulent and preferential and subordinate to Concessionaire at the address herein designated. Concessionaire further agrees to hold harmless from Landlord's claim for Rent and indemnify the Airport Board and the Cities of Dallas and Fort Worth including but not limited to: the Board's directors, officers, agents, employees, and the Cities' council-members, officers, agents and employees against any loss or damage or claim arising out of the action of the Board in pursuance of this paragraph, except for any loss, damage, or claim caused by the negligence or willful misconduct of the Board or its employees, acting within the course and scope of employment. The contractual lien granted hereunder is a security interest pursuant to the Texas Business and Commerce Code, and the Board shall have all rights and remedies of a secured party thereunderother sums hereunder.