LANDLORD’S SUBORDINATION. Provided that Tenant is not in default hereunder, Landlord agrees to subordinate its lien on Tenant’s personal property to that of any bona fide third party lender providing financing which directly benefits Tenant’s operations in the Leased Premises. However, Landlord shall refuse and shall otherwise not be required to subordinate its lien or priority as to Tenant’s equipment or trade fixtures, and Landlord shall be entitled to refuse subordination if loans are not directly related to the Project.
LANDLORD’S SUBORDINATION. Landlord agrees to execute a commercially reasonable subordination agreement pursuant to which Landlord agrees to subordinate any statutory or common law landlord’s lien to a security interest in Tenant’s personal property located in the Leased Space which is granted to a bank or other financial institution acquiring such security interest to secure a credit facility provided to Tenant required by Tenant to finance acquisition of Tenant’s personal property or working capital.
LANDLORD’S SUBORDINATION. Within fifteen (15) days after request from Tenant, Landlord shall execute a subordination agreement in favor of Tenant's lender with respect to any liens arising in favor of Landlord against Tenant's fixtures and personal property. Such subordination agreement shall be in a form reasonably acceptable to Land- lord, Tenant and Tenant's lender. Any restriction on Landlord's right to remove Tenant's fixtures and/or other personal property upon the termination or expiration of this Lease in any such agreement shall expire no later than thirty (30) days following such expiration or termination and notice by Landlord to such lender mailed to the last address provided to Landlord for such purpose by such lender. Said agreement shall obligate Tenant's lender, for Landlord's benefit, to repair any damages to the Premises resulting from any removal of Tenant's trade fixtures and personal property by or under such lender.
LANDLORD’S SUBORDINATION. Within twenty (20) days after request from Tenant, Landlord shall execute a subordination agreement in favor of Tenant’s lender with respect to any liens arising in favor of Landlord against Tenant’s fixtures and personal property. Such subordination agreement shall be in a form reasonably acceptable to Landlord, Tenant and Tenant’s lender.
LANDLORD’S SUBORDINATION. Landlord hereby subordinates to Secured Party, any and all Landlord’s lien and other lien rights or security interests whether statutory or contractual, perfected or unperfected, respecting the Collateral; provided, however, that this subordination shall not extend to any portion of the Collateral which is or becomes affixed to the Premises, unless the affixed Collateral can be readily detached and removed from the Premises without material damage to the Premises; and provided, further, that this subordination shall not extend to any portion of the Collateral which is or becomes the property of Landlord under the Lease or is or becomes real property, or is or becomes regarded as part of the Premises in accordance with the customs or practices of the marketplace or by operation of law. Accordingly, Landlord will not seek to levy execution on or to foreclose any lien or other security interest on such Collateral or otherwise apply any such Collateral to satisfy any claim of the undersigned against the Borrower, and will notify any successor in interest of the Premises of this consent and disclaimer, which shall be binding on the executors, administrators, successors and assigns of the undersigned; provided, however, notwithstanding anything to the contrary contained herein, in the event Secured Party fails to remove the Collateral prior to the scheduled expiration or earlier termination of the Lease, Secured Party shall be deemed to have waived all right, title and interest in and to the Collateral and Landlord may retain same or sell or dispose of same (subject to the rights of Tenant pursuant to the Lease) at its sole discretion without recourse from Secured Party. Landlord will provide Secured Party with a copy of any notice of a default under the lease delivered by Landlord to Borrower in accordance with Section 6 below.
LANDLORD’S SUBORDINATION. The Agent shall have received from Borrower, within 30 days from the date hereof, landlord’s subordination and access agreements executed by CASHNet for each of the leased real property locations of CASHNet, in form and substance reasonably satisfactory to Agent.
LANDLORD’S SUBORDINATION. STATE OF TEXAS | | COUNTY OF XXXXXX | THIS AGREEMENT IS made and entered into effective as of the day of , 2009, by and among CFO2 AUSTIN, LLC, a Delaware limited liability company (Landlord), COMPASS BANK, an Alabama state chartered bank (Lender), and RULES-BASED MEDICINE, INC., a Delaware corporation (Borrower).
LANDLORD’S SUBORDINATION. Landlord agrees to subordinate its statutory and contractual lien rights and claims against Tenant’s property to (i) security interests granted by Tenant to Tenant’s institutional lenders with respect to Tenant’s Trade Fixtures or other personal property, but not with respect to any fixtures or other improvements that may not be removed from the Leased Premises by Tenant under the terms of this Lease, and (ii) the purchase money security interests of Tenant’s vendors. Upon reasonable request by Tenant or its lender(s), Landlord will from time to time execute an instrument subordinating its liens as provided herein, provided such instrument (i) requires the lender to give Landlord notice of any default under the financing secured by such Trade Fixtures or other personal property if lender desires to proceed against such property, (ii) requires at least two (2) business days prior written notice to Landlord of any entry upon the Leased Premises for purposes of removing said Trade Fixtures or other personal property as a result of a default under such financing, (iii) requires the lender, if it elects to remove said Trade Fixtures or other personal property securing such financing, to do so within thirty (30) days after the termination of Tenant’s right of possession or the termination of this Lease as a result of Tenant’s default or be conclusively deemed to have released its security or other interests in said Trade Fixtures or other personal property; and (iv) requires the lender to repair any damage to the Leased Premises or the Building caused by its removal of said Trade Fixtures or other personal property.
LANDLORD’S SUBORDINATION. Contemporaneously with Landlord’s execution of this Lease, Landlord shall execute and acknowledge the Landlord’s Subordination attached hereto as Rider No. 104.
LANDLORD’S SUBORDINATION. Landlord agrees, upon request of Tenant, to subordinate its lien rights with respect to Tenant's property, whether statutory or otherwise, to the security interest of Tenant's lender or vendor, subject, however, to Sec. 704.05, Wisc.
