Common use of LIEN FOR RENT Clause in Contracts

LIEN FOR RENT. Lessee hereby grants to Lessor a lien on all property of Lessee now or hereafter placed in or upon the Premises, including, but not limited to, all goods, wares, fixtures, machinery, equipment, furnishings, and other articles of personal property , and all proceeds from the sale or lease thereof (except such part of any property as may be exchanged, replaced or sold from time to time in the ordinary course of business, operation or trade), and such property shall be and remain subject to such lien of Lessor for payment of all rent and other sums agreed to be paid by Lessee herein. This Lease shall constitute a security agreement under the Texas Uniform Commercial Code ("TUCC") so that Lessor shall have and may enforce a security interest in all property of Lessee now or hereafter placed in or on the Premises, including but not limited to all goods, wares, fixtures, machinery, equipment, furnishings and other articles of personal property now or hereafter placed in or upon the Premises by Lessee, and all proceeds from the sale or lease thereof. Lessee agrees to execute as debtor such financing statement or statements as Lessor may now or hereafter reasonably request in order that such security interest or interests may be perfected pursuant to said TUCC. Lessor may at its election at any time file a copy of this Lease as a financing statement. Lessor, as secured party, shall be entitled to all of the rights and remedies afforded a secured party under said TUCC, which rights and remedies shall be 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. Notwithstanding anything contained herein to the contrary, Lessor agrees to subordinate its liens to bona fide liens to secure loans for the purchase of furniture, equipment, and inventory using the subordination agreement substantially in the form attached hereto as Exhibit "D".

Appears in 1 contract

Samples: Lease Agreement (Aronex Pharmaceuticals Inc)

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LIEN FOR RENT. Lessee In addition to and independent of any lien in favor of LANDLORD arising by operation of law, TENANT hereby grants to Lessor LANDLORD a lien on security interest to secure payment of all property Rent and other sums of Lessee now money becoming due hereunder from TENANT, and to secure payment of any damages or hereafter placed in loss which LANDLORD may suffer by reason of the breach by TENANT of any covenant, agreement or condition contained herein, upon the Premises, including, but not limited to, all goods, wares, equipment, fixtures, machinery, equipment, furnishings, inventory, improvements and other articles of personal property of TENANT presently or which hereafter may be situated in or on the Leased Premises or any other portion of the Building including but not limited to any areas subject to separate license agreements between LANDLORD and TENANT, and all proceeds from the sale or lease thereof (except such part of any property as may be exchanged, replaced or sold from time to time in the ordinary course of business, operation or trade)therefrom, and such property shall not be removed therefrom without the consent of LANDLORD until any and remain subject to such lien of Lessor for payment of all rent and other sums agreed of money then due to be paid by Lessee herein. This Lease shall constitute a security agreement under the Texas Uniform Commercial Code ("TUCC") so that Lessor LANDLORD hereunder, first shall have been paid and may enforce a security interest in all property of Lessee now or hereafter placed in or on the Premises, including but not limited to all goods, wares, fixtures, machinery, equipment, furnishings and other articles of personal property now or hereafter placed in or upon the Premises by Lesseedischarged, and all proceeds covenants, agreements and conditions hereof have been fully complied with and performed by TENANT. At any time and from the sale or lease thereof. Lessee time to time, TENANT agrees to execute any UCC-1 Financing Statement or such other documents or instruments as debtor such financing statement LANDLORD may request to perfect or statements as Lessor may now or hereafter reasonably request in order that such confirm the security interest or interests created by this Paragraph. Upon any failure by TENANT to do so, LANDLORD may execute same for and on behalf of TENANT as TENANT’S attorney in fact. All exemption laws are hereby waived by TENANT. This lien and security interest may be perfected pursuant foreclosed with or without court proceedings, by public or private sale, with or without notice, and LANDLORD shall have the right to said TUCCbecome purchaser upon being the highest bidder at such sale. Lessor may at its election at any time file a copy of this Lease as a financing statement. Lessor, LANDLORD as secured party, shall be entitled to all of the rights and remedies afforded a secured party under said TUCCthe Uniform Commercial Code, which rights and remedies shall be in addition to and cumulative of the landlord's LANDLORD’s liens and rights provided by law or by the other terms and provisions of this Lease. Notwithstanding anything contained herein to the contrary, Lessor agrees to subordinate its liens to bona fide liens to secure loans for the purchase of furniture, equipment, and inventory using the subordination agreement substantially in the form attached hereto as Exhibit "D".

Appears in 1 contract

Samples: Lease Agreement (Net TALK.COM, Inc.)

LIEN FOR RENT. Lessee hereby grants to Lessor a lien on all property of Lessee now or hereafter placed in or upon the Premises, including, including but not limited to, to all goods, wares, fixtures, machinery, equipment, furnishings, and other articles of personal property property, and all proceeds from the sale or lease thereof (except such part of any property as may be exchanged, replaced or sold from time to time in the ordinary course of business, operation or trade), and such property shall be and remain subject to such lien of Lessor for payment of all rent and other sums agreed to be paid by Lessee herein. This Lease shall constitute a security agreement under the Texas Uniform Commercial Code ("TUCC") so that Lessor shall have and may enforce a security interest in all property of Lessee now or hereafter placed in or on the Premises, including but not limited to all goods, wares, fixtures, machinery, equipment, furnishings and other articles of personal property now or hereafter placed in or upon the Premises by Lessee, and all proceeds from the sale or lease thereof. thereof Lessee agrees to execute as debtor such financing statement or statements as Lessor may now or hereafter reasonably request in order that such security interest or interests may be perfected pursuant to said TUCCCode. Lessor may at its election at any time file a copy of this Lease as a financing statement. Lessor, as secured party, shall be entitled to all of the rights and remedies afforded a secured party under said TUCCUniform Commercial Code, which rights and remedies shall be 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. Notwithstanding anything contained herein to Provided there is no default by Lessee in any of the contraryterms and conditions of the Lease, Lessor agrees to subordinate its liens lien to bona fide liens loan to secure loans Lessee for the purchase of furniture, equipment, inventory and inventory using equipment to be utilized by Lessee at the subordination agreement substantially in the form attached hereto as Exhibit "D"Premises.

Appears in 1 contract

Samples: Lease Agreement (Lexicon Genetics Inc/Tx)

LIEN FOR RENT. Lessee In consideration of the mutual benefits arising under this Lease, Sublessee hereby grants to Lessor Sublessor a lien and security interest on all property of Lessee Sublessee now or hereafter placed in or upon the Leased Premises, including, but not limited to, all goods, wares, fixtures, machinery, equipment, furnishings, and other articles of personal property , and all proceeds from the sale or lease thereof (except such part of any property as may be exchanged, replaced or sold from time to time in the ordinary course of business, operation or trade), and such property shall be and remain subject to such lien and security interest of Lessor for payment of all rent and other sums agreed to be paid by Lessee Sublessor herein. This Lease The provisions of this paragraph relating to said lien and security interest shall constitute a security agreement under the Texas Uniform Commercial Code ("TUCC") so that Lessor Sublessor shall have and may enforce a security interest in on all property of Lessee Sublessee now or hereafter placed in or on the Leased Premises, including but not limited to all goods, wares, fixtures, machinery, equipment, furnishings and other articles of personal property now or hereafter placed in or upon the Leased Premises, and such property shall be and remain subject to such lien and security interest of Sublessor herein. The provisions of this paragraph relating to said lien and security interest shall constitute a security agreement under the Uniform Commercial Code so that Sublessor shall have and may enforce a security interest on all property of Sublessee now or hereafter placed in or on the Leased Premises, including but not limited to all fixtures, machinery, equipment, furnishings and other articles of personal property now or hereafter placed in or upon the Leased Premises by Lessee, and all proceeds from the sale or lease thereofSublessee. Lessee Sublessee agrees to execute as debtor such financing statement or statements as Lessor Sublessor may now or hereafter reasonably request in order that such security interest or on interests may be perfected protected pursuant to said TUCCCode. Lessor Sublessor may at its election at any time file a copy of this Lease as a financing statement. LessorSublessor, as secured party, shall be entitled to all of the rights and remedies afforded a secured party under said TUCC, which rights and remedies shall be Code in addition to and cumulative of the landlordSublessor's liens and rights provided by law or by the other terms and provisions of this Lease. Notwithstanding anything contained herein to the contrary, Lessor agrees to subordinate its liens to bona fide liens to secure loans for the purchase of furniture, equipment, and inventory using the subordination agreement substantially in the form attached hereto as Exhibit "D".

Appears in 1 contract

Samples: Office Lease Agreement (Diversified Corporate Resources Inc)

LIEN FOR RENT. 33.1 In consideration of the mutual benefits arising under this Lease, Lessee and Guarantor(s) hereby grants grant to Lessor a lien and security interest on all property of Lessee and Guarantor(s) now or hereafter placed in or upon the Leased Premises, including, but not limited to, all goods, wares, fixtures, machinery, equipment, furnishings, and other articles of personal property , and all proceeds from the sale or lease thereof (except such part of any property as may be exchanged, replaced or sold from time to time in the ordinary course of business, operation or trade), and such property shall be and remain subject to such lien and security interest of Lessor for payment of all rent and other sums agreed to be paid by Lessee hereinand Guarantor(s) under or with respect to this Lease. This Lease The provisions of this Article 33.1 relating to such lien and security interest shall constitute a security agreement under the Texas Uniform Commercial Code ("TUCC") so that Lessor shall have and may enforce a security interest in on all property of Lessee and Guarantor(s) now or hereafter placed in or on the Leased Premises, including including, but not limited to to, all goods, wares, fixtures, machinery, equipment, furnishings and other articles of personal property now or hereafter placed in or upon the Premises property. All exemption laws are hereby waived by Lessee, Lessee and all proceeds from the sale or lease thereofGuarantor(s). Lessee agrees and Guarantor(s) shall execute the Uniform Commercial Code Financing Statement attached hereto as Exhibit "E" and incorporated herein by this reference and further agree from time to time hereafter to execute as debtor and deliver to Lessor such additional financing statement or statements as Lessor may now or hereafter reasonably request in order that such security interest or interests may be perfected protected pursuant to said TUCCthe Uniform Commercial Code. Lessor may at its election at any time file a copy of this Lease as a financing statement. Lessor, as secured party, shall be he entitled to all of the rights and remedies afforded a secured party under said TUCCthe Uniform Commercial Code, including, without limitation, all self-help repossession rights under Section 9.503 of the Texas Uniform Commercial Code, which rights and remedies shall be in addition to and cumulative of the landlordLessor's liens and rights provided by law or by the other terms and provisions of this Lease. Notwithstanding anything contained herein to the contrary, Lessor agrees to subordinate its liens to bona fide liens to secure loans for the purchase of furniture, equipment, and inventory using the subordination agreement substantially in the form attached hereto as Exhibit "D".

Appears in 1 contract

Samples: Lease Agreement (Metrowerks Inc /Tx/)

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LIEN FOR RENT. Lessee In addition to and independent of any lien in favor of Landlord arising by operation of law, Tenant hereby grants to Lessor Landlord a lien on security interest to secure payment of all property Base Rent and other sums of Lessee now money becoming due hereunder from Tenant, and to secure payment of any damages or hereafter placed in loss which Landlord may suffer by reason of the breach by Tenant of any covenant, agreement or condition contained herein, upon the Premises, including, but not limited to, all goods, wares, equipment, fixtures, machinery, equipment, furnishings, inventory, improvements and other articles of personal property , and all proceeds from the sale that is not encumbered of Tenant presently or lease thereof (except such part of any property as which hereafter may be exchanged, replaced or sold from time to time in the ordinary course of business, operation or trade), and such property shall be and remain subject to such lien of Lessor for payment of all rent and other sums agreed to be paid by Lessee herein. This Lease shall constitute a security agreement under the Texas Uniform Commercial Code ("TUCC") so that Lessor shall have and may enforce a security interest in all property of Lessee now or hereafter placed situated in or on the Premises, including but and all proceeds therefrom, and such property shall not limited be removed therefrom without the consent of Landlord until any and all other sums of money then due to all goodsLandlord hereunder, wares, fixtures, machinery, equipment, furnishings first shall have been paid and other articles of personal property now or hereafter placed in or upon the Premises by Lesseedischarged, and all proceeds covenants, agreements and conditions hereof have been fully complied with and performed by Tenant. At any time and from the sale or lease thereof. Lessee time to time, Tenant agrees to execute any UCC-1 Financing Statement (but not more than twice per annum) or such other documents or instruments as debtor such financing statement Landlord may request to perfect or statements as Lessor may now or hereafter reasonably request in order that such confirm the security interest or interests created by this Paragraph 26. Upon any failure by Tenant to do so, Landlord may execute same for and on behalf of Tenant as Tenant's attorney in fact. All exemption laws are hereby waived by Tenant to the extent permitted by law. This lien and security interest may be perfected pursuant foreclosed with or without court proceedings, by public or private sale, with or without notice (to said TUCCthe extent permitted by law), and Landlord shall have the right to become purchaser upon being the highest bidder at such sale. Lessor may at its election at any time file a copy of this Lease as a financing statement. LessorLandlord, as secured party, shall be entitled to all of the rights and remedies afforded a secured party under said TUCCthe Uniform Commercial Code, which rights and remedies shall be in addition to and cumulative of the landlordLandlord's liens and rights provided by law or by the other terms and provisions of this Lease. Notwithstanding anything contained herein to the contrary, Lessor agrees to subordinate its liens to bona fide liens to secure loans for the purchase of furniture, equipment, and inventory using the subordination agreement substantially in the form attached hereto as Exhibit "D".

Appears in 1 contract

Samples: Office Lease (Boots & Coots International Well Control Inc)

LIEN FOR RENT. In consideration of the mutual benefits arising under this Lease, Lessee hereby grants and any Guarantor herein grant to Lessor a lien and security interest on all property of Lessee Lessee's (or any Guarantor's) furniture, equipment, machinery and furnishings now or hereafter placed in or upon the Premises, including, but not limited to, all goods, wares, fixtures, machinery, equipment, furnishings, and other articles of personal property , and all proceeds from the sale or lease thereof (except such part of any property as may be exchanged, replaced or sold from time to time in the ordinary course of business, operation or trade), Premises and such property shall be and remain subject to such lien and security interest of Lessor for payment of all rent and other sums agreed to be paid by Lessee herein. This Lease The provisions of this paragraph relating to such lien and security interest shall constitute a security agreement under the Texas Uniform Commercial Code ("TUCC") so that Lessor shall have and may enforce a security interest in all on such property of Lessee now or hereafter placed in or on the Premises, including but not limited to all goods, wares, fixtures, machinery, equipment, furnishings (and other articles of personal property now or hereafter placed in or upon the Premises by Lessee, and all proceeds from the sale or lease thereofany Guarantor). Lessee (and any Guarantor) agrees to execute as debtor such financing statement or statements as Lessor may now or hereafter reasonably request in order that such security interest or interests may be perfected pursuant to said TUCCthe Uniform Commercial Code. Lessor may at its election at any time file a copy of this Lease as a financing statement. Lessor, as secured party, shall be entitled to all of the rights and remedies afforded a secured party under said TUCC, which rights and remedies shall be the Uniform Commercial 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. Notwithstanding anything contained herein to Upon the contraryoccurrence of an event of default by Lessee, Lessor agrees may, in addition to subordinate its liens to bona fide liens to secure loans for any other remedies provided herein, enter upon the purchase Premises and take possession of furnitureany and all goods, wares, equipment, fixtures, furniture, improvements and inventory using other personal property of Lessee situated on the subordination agreement substantially 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 Lessee 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 Lessor 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 Lessee 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. Any 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 above-described premises or where the property is located after the time, place 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, for five (5) consecutive days before the date of the sale. The proceeds from any such disposition, less any and all expenses connected with the taking of possession, holding and selling of the property (including reasonable attorney's fees and 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 Lessee or as otherwise required by law; the Lessee shall pay any deficiencies forthwith. Upon request by Lessor, Lessee agrees to execute and deliver to Lessor a financing statement in form attached hereto sufficient to perfect the security interest of Lessor 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 Exhibit "D"well as any other state the laws of which Lessor may at any time consider to be applicable.

Appears in 1 contract

Samples: Lease Agreement (Gold Bond Resources Inc)

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