Common use of Lien on Personal Property Clause in Contracts

Lien on Personal Property. Tenant hereby expressly grants to Landlord a security interest in and an express contractual lien upon Tenant’s or any other party’s furniture, furnishings, equipment, and articles of personal property of every kind and nature whatsoever (“Personalty”), situated in or on the Premises, including all after-acquired Personalty (“Secured Property”) to secure the performance by Tenant of its obligations under this Lease, if an Event of Default occurs after all applicable notice and cure periods. The Secured Property will not be removed from the Premises by Tenant without the prior written consent of Landlord until all Rents then due to Landlord have first been paid, except for the sale of inventory in the ordinary course of Tenant’s business so long as such inventory is replaced by Tenant. Tenant hereby appoints Landlord as Tenant’s attorney-in-fact, and authorized Landlord to execute and to file financing statements signed only by Landlord (as attorney-in-fact) covering such security or to otherwise take such action as may be necessary to perfect such security interest and/or contractual lien. Upon termination of this Lease, Landlord may, in addition to any other remedies, enter upon the Premises and take possession of the Secured Property situated on the Premises without liability for trespass or conversion, and sell the same with notice at public or private sale, with or without having such property at the sale, at which Landlord or its assigns may purchase, and may apply the proceeds thereof less any and all expenses connected with the taking of possession and sale of the Secured Property, as a credit against any sums due by Tenant to Landlord. Any surplus will be paid to Tenant provided Landlord has been paid in full, and Tenant agrees to pay any deficiency forthwith, after demand. Landlord, at its option may foreclose the security interest and/or contractual lien in the manner provided by Applicable Law. The security interest and contractual lien granted to Landlord is in addition to Landlord’s lien that may now or at any time hereafter be provided by Applicable Law.

Lien on Personal Property. Landlord shall have and Tenant hereby expressly grants to Landlord a security lien on every right and interest of Tenant in and an express contractual lien upon to this Lease, and on any Tenant Personalty, certificates of need, licenses, provider agreements, certifications, books, records and other property of any kind belonging to Tenant and used in connection with the Lease or located at the Property but excluding Tenant’s Accounts. Notwithstanding the foregoing, Landlord hereby agrees to subordinate to Tenant’s lenders (including institutional financing for purchase money and capital lease liens) any statutory liens and rights of distress Landlord has with respect to Tenant’s tangible personal property purchased by Tenant with purchase-money financing after the Lease Commencement Date and located within the Premises. For purposes of this Section, the term “Accounts” means collectively (a) any right to payment of a monetary obligation, whether or any other party’s furniturenot earned by performance, furnishings, equipment(b) without duplication, and articles “account” (as defined in the Uniform Commercial Code as in effect in the State of personal property Delaware (the “UCC Code”), as the same may be amended from time to time), any accounts receivable (whether in the form of payments for services rendered or goods sold, rents, license fees or otherwise), any “health-care-insurance receivables” (as defined in the UCC Code), any “payment intangible” (as defined in the UCC Code), and all other rights to payment and/or reimbursement of every kind and nature whatsoever description, whether or not earned by performance, (“Personalty”)c) all accounts, situated rights, remedies, guarantees, supporting obligations, letter of credit rights and security interest in respect to the foregoing, all rights of enforcement and collection, (d) all information and data compiled or derived by Tenant or which Tenant is entitled in respect of or related to the foregoing, and (e) all proceeds of the foregoing. The Landlord’s security interest in the Tenant’s assets are subject to the terms of the Intercreditor Agreement dated on or about the PremisesLease Commencement Date between Midcap Financial IV, including all after-acquired Personalty (“Secured Property”) LLC and Landlord, as the same may be amended, restated and modified by the parties thereto. Such lien is granted for the purpose of securing the payments of Rent, charges, penalties, and damages herein covenanted to secure be paid by Tenant, and for the purpose of securing the performance by Tenant of its all of Tenant’s obligations under this Lease. Such lien shall be in addition to all rights to Landlord given and provided by law. This Lease shall constitute a security agreement under the Uniform Commercial Code pursuant to which Tenant as debtor grants to Landlord as secured party a security interest in any Tenant Personalty, if an Event certificates of Default occurs after all applicable notice need, licenses, provider agreements, certifications, books, records and cure periodsother personal property of any kind belonging to Tenant but excluding Tenant’s accounts receivable, and Tenant shall execute such other instruments and financing statements as Landlord may request to evidence or perfect said security interest. The Secured None of the Tenant Personalty, goods, wares, merchandise, inventory, equipment or other personal property of Tenant situated on the Property will not shall be removed from the Premises by Tenant Property without the prior written consent of Landlord. In the Event of Default of Tenant hereunder, Landlord until shall have any and all Rents rights and remedies granted a secured party under the Uniform Commercial Code then due in effect in the state where the Property is located. The exercise of the foregoing remedy by Landlord shall not relieve or discharge Tenant from any deficiency owed to Landlord have first been paid, except for which Landlord has the sale of inventory in the ordinary course of Tenant’s business so long as such inventory is replaced by Tenant. Tenant hereby appoints Landlord as Tenant’s attorney-in-fact, and authorized Landlord right to execute and enforce pursuant to file financing statements signed only by Landlord (as attorney-in-fact) covering such security or to otherwise take such action as may be necessary to perfect such security interest and/or contractual lien. Upon termination any other provision of this Lease. Tenant covenants to promptly notify Landlord of any changes in Tenant’s name and/or organizational structure which may necessitate the execution and filing of additional financing statements; provided, Landlord mayhowever, in addition to any other remedies, enter upon the Premises and take possession of the Secured Property situated on the Premises without liability for trespass or conversion, and sell the same with notice at public or private sale, with or without having such property at the sale, at which Landlord or its assigns may purchase, and may apply the proceeds thereof less any and all expenses connected with the taking of possession and sale of the Secured Property, foregoing shall not be construed as a credit against any sums due by Tenant to Landlord. Any surplus will be paid to Tenant provided Landlord has been paid in full, and Tenant agrees to pay any deficiency forthwith, after demand. Landlord, at its option may foreclose the security interest and/or contractual lien in the manner provided by Applicable Law. The security interest and contractual lien granted to Landlord is in addition to Landlord’s lien that may now or at any time hereafter be provided by Applicable Lawconsent to such changes.

Lien on Personal Property. Tenant hereby expressly grants to Landlord shall have a security interest in and an express contractual lien upon Tenant’s or any other party’s furniture, furnishings, equipment, and articles of all the personal property of every kind and nature whatsoever (“Personalty”), situated in or on Tenant moved into the Premises, including all after-acquired Personalty (“Secured Property”) as and for security for the Rent and other obligations of Tenant herein provided. In order to secure the performance perfect and enforce said lien, Landlord may, at any time after default by Tenant in the payment of its Rent or default of other obligations to be performed or complied with by Tenant under this Lease, if an Event seize and take possession of Default occurs after any and all applicable notice and cure periods. The Secured Property will not be removed from the Premises by personal property belonging to Tenant without the prior written consent of Landlord until all Rents then due to Landlord have first been paid, except for the sale of inventory in the ordinary course of Tenant’s business so long as such inventory is replaced by Tenant. Tenant hereby appoints Landlord as Tenant’s attorney-in-fact, and authorized Landlord to execute and to file financing statements signed only by Landlord (as attorney-in-fact) covering such security or to otherwise take such action as that may be necessary found in and upon the Premises. If Tenant fails to perfect such security interest and/or contractual lien. Upon termination redeem the property so seized, by payment of whatever sum may be due Landlord under and by virtue of the provisions of this Lease, then and in that event, Landlord mayshall have the right, in addition after twenty (20) days written notice to any other remediesTenant of its intention to do so, enter upon the Premises and take possession of the Secured Property situated on the Premises without liability for trespass or conversion, and to sell the same with notice such personal property so seized at public or private sale and upon such terms and conditions as to Landlord may appear advantageous, and after the payment of all proper charges incident to such sale, with or without having such property at the sale, at which Landlord or its assigns may purchase, and may apply the proceeds thereof less to the payment of any and all expenses connected with balance due to Landlord on account of Rent or other obligations of Tenant pursuant to this Lease. In the taking event there shall then remain in the hands of possession and Landlord any balance realized from the sale of said personal property as aforesaid, the Secured Property, same shall be held by Landlord as a credit against additional Security Deposit. The exercise of the foregoing remedy by Landlord shall not relieve or discharge Tenant from any sums due by Tenant deficiency owed to Landlord. Any surplus will be paid to Tenant provided Landlord which Landlord has been paid in full, and Tenant agrees the right to pay enforce pursuant to any deficiency forthwith, after demand. Landlord, at its option may foreclose the security interest and/or contractual lien in the manner provided by Applicable Law. The security interest and contractual lien granted to Landlord is in addition to Landlord’s lien that may now or at any time hereafter be provided by Applicable Lawother provisions of this Lease.

Lien on Personal Property. Landlord shall have a first lien paramount to all others (except any Mortgage made by Landlord and any Permitted Liens, as defined in the Loan Agreement between Landlord as borrower, Tenant as tenant and MRT of Lakeway, TX – ACH, LLC as lender) on every right and interest of Tenant in and to this Lease, and on any Personalty, assignable accounts receivable (excluding those receivables currently securing Tenant’s working capital line of credit with Gemino Healthcare Finance and any subsequent working capital lender and working capital financing reasonably approved by Landlord), certificates of need, licenses, provider agreements, certifications, books, records and other property of any kind belonging to Tenant and used in connection with the Lease or located at the Property. Such lien and security interest is hereby expressly grants granted by Tenant to Landlord for the purpose of securing the payments of Rent, Additional Rent, Monetary Obligations, charges, penalties, and damages herein covenanted to be paid by Tenant, and for the purpose of securing the performance of all of Tenant’s obligations under this Lease. Such lien shall be in addition to all rights to Landlord given and provided by law. This Lease shall constitute a security agreement under the Uniform Commercial Code granting Landlord a security interest in any Personalty, assignable accounts receivable, certificates of need, licenses, provider agreements, certifications, books, records and an express contractual lien upon Tenant’s or any other party’s furniture, furnishings, equipment, and articles of personal property of every any kind belonging to Tenant, and nature whatsoever (“Tenant shall execute such other instruments and financing statements as Landlord may request to evidence or perfect said security interest. None of the Personalty”), goods, wares, merchandise, inventory, equipment or other personal property of Tenant situated in or on the Premises, including all after-acquired Personalty (“Secured Property”) to secure the performance by Tenant of its obligations under this Lease, if an Event of Default occurs after all applicable notice and cure periods. The Secured Property will not shall be removed from the Premises by Tenant Property without the prior written consent of Landlord. In the Event of Default of Tenant hereunder, Landlord until shall have any and all Rents rights and remedies granted a secured party under the Uniform Commercial Code then due in effect in the state where the Property is located. The exercise of the foregoing remedy by Landlord shall not relieve or discharge Tenant from any deficiency owed to Landlord have first been paid, except for which Landlord has the sale of inventory in the ordinary course of Tenant’s business so long as such inventory is replaced by Tenant. Tenant hereby appoints Landlord as Tenant’s attorney-in-fact, and authorized Landlord right to execute and enforce pursuant to file financing statements signed only by Landlord (as attorney-in-fact) covering such security or to otherwise take such action as may be necessary to perfect such security interest and/or contractual lien. Upon termination any other provision of this Lease. Tenant covenants to promptly notify Landlord of any changes in Tenant’s name and/or organizational structure which may necessitate the execution and filing of additional financing statements; provided, Landlord mayhowever, in addition to any other remedies, enter upon the Premises and take possession of the Secured Property situated on the Premises without liability for trespass or conversion, and sell the same with notice at public or private sale, with or without having such property at the sale, at which Landlord or its assigns may purchase, and may apply the proceeds thereof less any and all expenses connected with the taking of possession and sale of the Secured Property, foregoing shall not be construed as a credit against any sums due by Tenant to Landlord. Any surplus will be paid to Tenant provided Landlord has been paid in full, and Tenant agrees to pay any deficiency forthwith, after demand. Landlord, at its option may foreclose the security interest and/or contractual lien in the manner provided by Applicable Law. The security interest and contractual lien granted to Landlord is in addition to Landlord’s lien that may now or at any time hereafter be provided by Applicable Lawconsent to such changes.

Lien on Personal Property. Tenant hereby expressly grants to Landlord shall immediately have a security interest in and an express contractual lien upon Tenant’s or any other party’s furniture, furnishings, equipment, and articles of all the personal property of every kind Tenant moved into the premises, as and nature whatsoever (“Personalty”), situated in or on the Premises, including all after-acquired Personalty (“Secured Property”) to secure the performance by Tenant of its obligations under this Lease, if an Event of Default occurs after all applicable notice and cure periods. The Secured Property will not be removed from the Premises by Tenant without the prior written consent of Landlord until all Rents then due to Landlord have first been paid, except for security for the sale rent and other obligations of inventory Tenant herein provided. In order to perfect and enforce said lien, Landlord may at any time after default in the ordinary course payment of Tenant’s business so long as such inventory is replaced by Tenant. rent or default of other obligations, seize and take possession of any and all personal property belonging to Tenant hereby appoints Landlord as Tenant’s attorney-in-fact, and authorized Landlord to execute and to file financing statements signed only by Landlord (as attorney-in-fact) covering such security or to otherwise take such action as which may be necessary found in and upon the premises. If Tenant fails to perfect such security interest and/or contractual lien. Upon termination redeem the personal property so seized, by payment of whatever sum may be due Landlord under and by virtue of the provisions of this Lease, then and in that event, Landlord mayshall have the right, in addition after twenty (20) days written notice to any other remediesTenant of its intention to do so, enter upon the Premises and take possession of the Secured Property situated on the Premises without liability for trespass or conversion, and to sell the same with notice such personal property so seized at public or private sale and upon such terms and conditions as to Landlord may appear advantageous, and after the payment of all proper charges incident to such sale, with or without having such property at the sale, at which Landlord or its assigns may purchase, and may apply the proceeds thereof less to the payment of any and all expenses connected with balance due to Landlord on account of rent or other obligations of Tenant pursuant to this Lease. In the taking event there shall then remain in the hands of possession and Landlord any balance realized from the sale of said personal property as aforesaid, the Secured Property, as a credit against any sums due by Tenant to Landlord. Any surplus will same shall be paid over to Tenant. The exercise of the foregoing remedy by Landlord shall not relieve or discharge Tenant provided from any deficiency owed to Landlord which Landlord has been paid in full, and Tenant agrees the right to pay enforce pursuant to any deficiency forthwith, after demandother provision of this Lease. Landlord, at its option may foreclose the security interest and/or contractual lien in the manner provided by Applicable Law. The security interest and contractual lien granted to Landlord is in addition to Landlord’s lien that may now or at any time hereafter be provided by Applicable Law.SEE ARTICLE 40 BELOW Subordination Attornment

Lien on Personal Property. Tenant hereby expressly grants to Landlord a security interest in and an express contractual lien upon Tenant’s or any other party’s furniture, furnishings, equipment, and articles of personal property of every kind and nature whatsoever (“Personalty”), situated in or on the Premises, including all after-acquired Personalty (“Secured Property”) to secure the performance by Tenant of its obligations under this Lease, if an Event of Default occurs after all applicable notice and cure periods. The Secured Property will not be removed from the Premises by Tenant without the prior written consent of Landlord until all Rents then due to Landlord have first been paid, except for the sale of inventory in the ordinary course of Tenant’s business so long as such inventory is replaced by Tenant. Tenant hereby appoints Landlord as Tenant’s attorney-in-fact, and authorized Landlord to execute and to file financing statements signed only by Landlord (as attorney-in-fact) covering such security or to otherwise take such action as may be necessary to perfect such security interest and/or contractual lien. .. Upon termination of this Lease, Landlord may, in addition to any other remedies, enter upon the Premises and take possession of the Secured Property situated on the Premises without liability for trespass or conversion, and sell the same with notice at public or private sale, with or without having such property at the sale, at which Landlord or its assigns may purchase, and may apply the proceeds thereof less any and all expenses connected with the taking of possession and sale of the Secured Property, as a credit against any sums due by Tenant to Landlord. Any surplus will be paid to Tenant provided Landlord has been paid in full, and Tenant agrees to pay any deficiency forthwith, after demand. Landlord, at its option may foreclose the security interest and/or contractual lien in the manner provided by Applicable Law. The security interest and contractual lien granted to Landlord is in addition to Landlord’s lien that may now or at any time hereafter be provided by Applicable Law.