Common use of Mechanics' and Other Liens Clause in Contracts

Mechanics' and Other Liens. Except for Permitted Encumbrances, the Company shall not suffer or permit any mechanics' or other Liens to be filed or to exist against the Collateral or any payments paid or payable under the Loan Documents, by reason of work, labor, services or materials supplied or claimed to have been supplied to, for or in connection with the Collateral or to the Company, the Director or anyone holding the Collateral or any part thereof through or under the Company. If any such Lien shall at any time be filed, the Company shall, within thirty (30) days after notice of the filing thereof but subject to the right to contest as herein set forth, cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. Notwithstanding the foregoing, the Company shall have the right, at the Company's expense and after written notice to the Director, by appropriate proceeding timely instituted and diligently prosecuted, to contest in good faith the validity or the amount of any such Lien. If, however, the Director shall notify the Company that, in the opinion of Independent Counsel, by nonpayment of any such items the lien, pledge or security interest created by this Security Agreement as to any part of the Collateral will be materially affected or the Collateral or any part thereof will be subject to imminent loss or forfeiture, the Company shall promptly cause such Lien to be discharged of record, as herein provided. Should the Company fail to cause such Lien to be discharged or to contest the validity or amount thereof, within the period aforesaid, then, the Director may, but shall be under no obligation to, discharge the same either by paying the claim or by procuring the discharge of such Lien by making a deposit or obtaining a bond, which advances if any shall be paid by the Company to the Director on demand, together with interest thereon at the Interest Rate for Advances from the date thereof, in addition to all other payments to be made by the Company pursuant to the Loan Documents and shall be subject to and secured by this Security Agreement as additional indebtedness in accordance with the provisions of Section 2.8 hereof.

Appears in 3 contracts

Sources: Security Agreement (Guitammer Co), Security Agreement (Guitammer Co), Security Agreement (Guitammer Co)

Mechanics' and Other Liens. Except for Permitted Encumbrances, the Company shall not suffer or permit any mechanics' or other Liens to be filed or to exist against the Collateral or any payments paid or payable under the Loan Documents, by reason of work, labor, services or materials supplied or claimed to have been supplied to, for or in connection with the Collateral or to the Company, the Director or anyone holding the Collateral or any part thereof through or under the Company. 20.1 If any such Lien mechanic's, laborer's or materialman's lien shall at any time be filedfiled against the Property or any part thereof with respect to any work done, or labor or materials furnished, or caused to be furnished, by Tenant or anyone claiming through or under Tenant, or any judgment, attachment or levy is filed or recorded against the Company shallProperty or any part thereof by anyone claiming through or under Tenant, Tenant, within thirty (30) days after notice of the filing thereof but subject to the right to contest as herein set forththereof, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. Notwithstanding the foregoing, the Company If Tenant shall have the right, at the Company's expense and after written notice to the Director, by appropriate proceeding timely instituted and diligently prosecuted, to contest in good faith the validity or the amount of any such Lien. If, however, the Director shall notify the Company that, in the opinion of Independent Counsel, by nonpayment of any such items the lien, pledge or security interest created by this Security Agreement as to any part of the Collateral will be materially affected or the Collateral or any part thereof will be subject to imminent loss or forfeiture, the Company shall promptly cause such Lien to be discharged of record, as herein provided. Should the Company fail to cause such Lien lien, judgment, attachment or levy to be discharged or to contest the validity or amount thereof, within the period aforesaid, then, the Director in addition to any other right or remedy, Landlord may, but shall not be under no obligation obligated to, discharge the same either by paying the claim or bonding proceedings, if permitted by procuring the discharge of such Lien law (and if not so permitted, by making a deposit or obtaining a bond, which advances if any shall be in court). Any amount so paid by the Company to the Director on demandLandlord, including all costs and expenses paid by Landlord in connection therewith, together with interest thereon at the Interest Rate for Advances rate of 18% per annum (or, if lower, the maximum rate permitted by law) from the date thereofrespective dates of Landlord's so paying any such amount, in addition to all other payments to be made cost or expense, shall constitute additional rent payable by the Company pursuant to the Loan Documents Tenant under this Lease and shall be subject paid by Tenant to Landlord on demand. 20.2 Nothing contained in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials for any specific improvement, alteration to or repair of the Demised Premises, or any part thereof, or as giving Tenant any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any mechanic's liens against Landlord's interest in the Demised Premises. Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant upon credit, and secured by this Security Agreement as additional indebtedness that no mechanic's or other lien for any such labor or materials shall attach to or affect the reversion or estate or interest of Landlord in accordance with and to the provisions of Section 2.8 hereofDemised Premises.

Appears in 3 contracts

Sources: Lease Agreement (Biolife Solutions Inc), Lease Agreement (Biolife Solutions Inc), Lease Agreement (Quinton Cardiology Systems Inc)

Mechanics' and Other Liens. Except Tenant shall have no power to do any act or make any contract which may create or be the foundation for Permitted Encumbrancesany lien, the Company shall not suffer or permit any mechanics' mortgage or other Liens encumbrance upon the reversion or other estate of the Landlord, or upon any interest of Landlord in the demised premises, it being agreed that, should Tenant cause any alterations, rebuildings, replacements, changes, additions, improvements or repairs to be made to the demised premises, or cause any labor to be performed or material to be furnished therein, thereon or thereto, neither Landlord nor the demised premises shall under any circumstances be liable for the payment of any expense incurred or for the value of the work done or material furnished, but all such alterations, rebuildings, replacements, changes, additions, improvements and repairs, and labor and material, shall be made, furnished and performed at Tenant’s expense, and Tenant shall be solely and wholly responsible to contractors, laborers, and material men furnishing and performing such labor and material. If, because of any act or omission (or alleged act or omission) of Tenant, any mechanic’s or other lien, charge, or order for the payment of money shall be filed or to exist against the Collateral demised premises or against Landlord or any payments paid conditional ▇▇▇▇ of sale or payable under the Loan Documents, by reason of work, labor, services or materials supplied or claimed to have been supplied to, chattel mortgage shall be filed for or in connection with the Collateral or to the Company, the Director or anyone holding the Collateral affecting any equipment. or any part thereof through materials used in the construction or under the Company. If alteration of any improvements (whether or not such Lien shall at any time be filedlien, the Company charge order, conditional ▇▇▇▇ of sale or chattel mortgage is valid or enforceable as such), Tenant shall, within thirty (30) days after notice of the filing thereof but subject to the right to contest as herein set forth, at its own cost and expense cause the same to be canceled and discharged of record by payment, deposit, bond, order or bonded within ten (10) business days after notice of a court of competent jurisdiction or otherwise. Notwithstanding the foregoing, the Company shall have the right, at the Company's expense and after written notice to the Director, by appropriate proceeding timely instituted and diligently prosecuted, to contest in good faith the validity or the amount of any such Lien. If, however, the Director shall notify the Company that, in the opinion of Independent Counsel, by nonpayment of any such items the lien, pledge or security interest created by this Security Agreement as to any part of the Collateral will be materially affected or the Collateral or any part thereof will be subject to imminent loss or forfeiture, the Company shall promptly cause such Lien to be discharged of record, as herein provided. Should the Company fail to cause such Lien to be discharged or to contest the validity or amount filing thereof, within the period aforesaid, then, the Director may, but shall be under no obligation to, discharge the same either by paying the claim or by procuring the discharge of such Lien by making a deposit or obtaining a bond, which advances if any shall be paid by the Company to the Director on demand, together with interest thereon at the Interest Rate for Advances from the date thereof, in addition to all other payments to be made by the Company pursuant to the Loan Documents and shall be subject to and secured by this Security Agreement as additional indebtedness in accordance with the provisions of Section 2.8 hereof.

Appears in 2 contracts

Sources: Lease Agreement (Glenrose Instruments Inc.), Lease Agreement (Glenrose Instruments Inc.)

Mechanics' and Other Liens. Except for Permitted Encumbrances, the Company 12.01. Tenant shall not suffer any mechanic's or permit any mechanics' or other Liens materialmen's lien to be filed or to exist against the Collateral Premises, or any payments paid or payable under the Loan Documentspart thereof, by reason of work, labor, services or materials supplied performed by or claimed furnished to have been supplied to, for or in connection with the Collateral or to the Company, the Director Tenant or anyone holding the Collateral or any part thereof through or of the Premises under the CompanyTenant. If any such Lien lien shall at any time be filed, the Company Tenant shall, within thirty (30) days after notice of the filing thereof but subject to the right to contest as herein set forththereof, cause the same such lien to be discharged of record by payment, deposit, or by bond, or by order of a court of competent jurisdiction jurisdiction, or otherwiseotherwise or shall commence the contest of said lien and provide Landlord with reasonably adequate security against such contested claim. Notwithstanding In the foregoingevent of Tenant's failure to discharge or commence contest of any such lien within such period, the Company Landlord shall have the rightright and privilege, at Landlord's option, of removing said lien by paying the Company's expense and after written notice to the Directorfull amount thereof or by bonding or in any other manner Landlord deems appropriate, by appropriate proceeding timely instituted and diligently prosecuted, to contest in good faith without investigating the validity thereof and irrespective of the fact that Tenant may contest the propriety or the amount thereof, and any amount so paid, including any attorneys' fees and all expenses connected therewith and interest at the rate set forth in paragraph 3.04 on any sums paid or advanced shall be deemed to be additional Rent due from Tenant to Landlord and shall be repaid to Landlord immediately on rendition to Tenant of a statement therefor. Tenant will defend, indemnify and save harmless Landlord from and against all loss, claims, damages, costs or expenses suffered by Landlord by reason of any such Lienrepairs, installations or improvements made by Tenant. 12.02. IfNothing in this Lease shall be construed to authorize Tenant, howeveror any person dealing with or under Tenant, to charge the Director shall notify Rents of the Company thatPremises, or the interest of Landlord in the opinion of Independent Counsel, by nonpayment of any such items the lien, pledge or security interest created by this Security Agreement as to any part estate of the Collateral will be materially affected Premises, or the Collateral interest of Landlord in the Premises or any part thereof will thereof, with a mechanics' or materialmen's lien or with any other lien of similar kind whatsoever, and under no circumstances shall Tenant be subject construed to imminent loss be the agent, employee or forfeiturerepresentative of Landlord in the making of any alterations to or improvements on the Premises, but on the contrary, the Company right or power to charge or impose any lien or claim of any kind whatsoever against Landlord's Rents or against the Premises or against any part thereof is hereby denied. 12.03. Tenant shall promptly cause such Lien not create or suffer to be discharged created or imposed a security interest, encumbrance, mortgage or any other lien of recordany kind whatsoever against or on the Premises or against or on any improvements, as herein provided. Should the Company fail to cause such Lien to be discharged additions or other construction made by Tenant on or to contest the validity Premises or amount thereofagainst or on any equipment or fixtures installed by Tenant therein (other than Tenant's Property as defined above, within its inventory and its interest in this Lease), and should any security interest or lien be created or imposed in breach of the period aforesaidforegoing provisions, then, the Director may, but Landlord shall be under no obligation to, entitled to discharge the same either by paying exercising the claim or by procuring the discharge of such Lien by making a deposit or obtaining a bond, which advances if any shall be paid by the Company to the Director on demand, together with interest thereon at the Interest Rate for Advances from the date thereof, in addition to all other payments to be made by the Company pursuant to the Loan Documents rights and shall be subject to and secured by this Security Agreement as additional indebtedness in accordance with the provisions of Section 2.8 hereofremedies afforded it under paragraph 12.01.

Appears in 2 contracts

Sources: Lease Agreement (Pra International Inc), Lease Agreement (Pra International Inc)

Mechanics' and Other Liens. Except for Permitted EncumbrancesTenant shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the Company interest of Landlord in the Leased Premises, the Building or the Property or to charge the Rent payable hereunder for any claim in favor of any person dealing with Tenant, including those who may furnish materials or perform labor for any construction or repairs, and each such claim shall not suffer affect and each such lien shall attach to, if at all, only the leasehold interest granted to Tenant by this Lease. Tenant covenants and agrees that it will pay or permit any mechanics' or other Liens cause to be filed or to exist against the Collateral or paid all sums due and payable by it on account of any payments paid or payable under the Loan Documents, by reason of work, labor, services labor performed or materials supplied or claimed to have been supplied to, for or furnished in connection with any work performed on the Collateral Leased Premises on which any lien is or to can be validly and legally asserted against its leasehold interest in the CompanyLeased Premises or the improvements thereon and that it will save and hold Landlord harmless from and against any and all loss, liability, cost or expense based on or arising out of asserted claims or liens against the leasehold estate or against the right, title and interest of the Landlord in the Leased Premises, the Director Building or anyone holding the Collateral or any part thereof through Property or under the Companyterms of this Lease. Tenant will not permit any construction or mechanic’s lien or liens or any other liens which may be imposed by law affecting Landlord’s or its mortgagees’ interest in the Leased Premises, the Building or the Property to be placed upon the Leased Premises, the Building or the Property arising out of any action or claimed action by Tenant, and in case of the filing of any such lien Tenant will promptly pay same. If any such Lien lien shall at any time be filed, the Company shall, within remain in force and effect for thirty (30) days after written notice thereof from Landlord to Tenant, Landlord shall have the right and privilege of paying and discharging the filing same or any portion thereof but subject without inquiry as to the right validity thereof, and any amounts so paid, including expenses and interest, shall be so much Additional Rent hereunder due from Tenant to contest as herein set forth, cause the same Landlord and shall be paid to be discharged Landlord immediately on rendition of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise▇▇▇▇ therefore. Notwithstanding the foregoing, the Company Tenant shall have the right, at the Company's expense and after written notice to the Director, by appropriate proceeding timely instituted and diligently prosecuted, right to contest any such lien in good faith the validity or the amount of and with all due diligence so long as any such Lien. Ifcontest, howeveror action taken in connection therewith, protects the interest of Landlord and Landlord’s mortgagee in the Leased Premises, the Director shall notify Building and the Company thatProperty, in the opinion of Independent Counseland Landlord and any such mortgagee are, by nonpayment the expiration of said thirty (30) day period, furnished such protection, and indemnification against any loss, liability, cost or expense related to any such items lien and the lien, pledge or security interest created by this Security Agreement contest thereof as are satisfactory to Landlord and any part of the Collateral will be materially affected or the Collateral or any part thereof will be subject to imminent loss or forfeiture, the Company shall promptly cause such Lien to be discharged of record, as herein provided. Should the Company fail to cause such Lien to be discharged or to contest the validity or amount thereof, within the period aforesaid, then, the Director may, but shall be under no obligation to, discharge the same either by paying the claim or by procuring the discharge of such Lien by making a deposit or obtaining a bond, which advances if any shall be paid by the Company to the Director on demand, together with interest thereon at the Interest Rate for Advances from the date thereof, in addition to all other payments to be made by the Company pursuant to the Loan Documents and shall be subject to and secured by this Security Agreement as additional indebtedness in accordance with the provisions of Section 2.8 hereofmortgagee.

Appears in 2 contracts

Sources: Lease Agreement (Connecture Inc), Lease Agreement (Connecture Inc)

Mechanics' and Other Liens. Except for Permitted EncumbrancesTenant shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the Company interest of Landlord in the Leased Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with Tenant, including those who may furnish materials or perform labor for any construction or repairs, and each such claim shall not suffer affect and each such lien shall attach to, if at all, only the leasehold interest granted to Tenant by this Lease. Tenant covenants and agrees that it will pay or permit any mechanics' or other Liens cause to be filed or to exist against the Collateral or paid all sums legally due and payable by it on account of any payments paid or payable under the Loan Documents, by reason of work, labor, services labor performed or materials supplied or claimed to have been supplied to, for or furnished in connection with any work performed on the Collateral Leased Premises on which any lien is or to can be validly and legally asserted against its leasehold interest in the CompanyLeased Premises or the improvements thereon and that it will save and hold Landlord harmless from any and all loss, liability, cost or expense based on or arising out of asserted claims or liens against the Director leasehold estate or anyone holding against the Collateral or any part thereof through right, title and interest of the Landlord in the Leased Premises or under the Companyterms of this Lease. Tenant will not permit any mechanic's lien or liens or any other liens which may be imposed by law affecting Landlord's or its mortgagees' interest in the Leased Premises or the Building to be placed upon the Leased Premises or the Building arising out of any action or claimed action by Tenant, and in case of the filing of any such lien Tenant will promptly pay same. If any such Lien lien shall at any time be filed, the Company shall, within thirty remain in force and effect for twenty (3020) days after written notice thereof from Landlord to Tenant, Landlord shall have the right and privilege of paying and discharging the filing same or any portion thereof but subject without inquiry as to the right validity thereof, and any amounts so paid, including expenses and interest, shall be so much additional rent hereunder due from Tenant to contest as herein set forth, cause the same Landlord and shall be paid to be discharged Landlord immediately on rendition of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise▇▇▇▇ therefor. Notwithstanding the foregoing, the Company Tenant shall have the right, at the Company's expense and after written notice to the Director, by appropriate proceeding timely instituted and diligently prosecuted, right to contest any such lien in good faith the validity or the amount of and with all due diligence so long as any such Lien. Ifcontest, howeveror action taken in connection therewith, protects the Director shall notify the Company that, interest of Landlord and Landlord's mortgagee in the opinion of Independent CounselLeased Premises, and Landlord and any such mortgagee are, by nonpayment the expiration of said twenty (20) day period, furnished such protection, and indemnification against any loss, liability, cost or expense related to any such items lien and the lien, pledge or security interest created by this Security Agreement contest thereof as are satisfactory to Landlord and any part of the Collateral will be materially affected or the Collateral or any part thereof will be subject to imminent loss or forfeiture, the Company shall promptly cause such Lien to be discharged of record, as herein provided. Should the Company fail to cause such Lien to be discharged or to contest the validity or amount thereof, within the period aforesaid, then, the Director may, but shall be under no obligation to, discharge the same either by paying the claim or by procuring the discharge of such Lien by making a deposit or obtaining a bond, which advances if any shall be paid by the Company to the Director on demand, together with interest thereon at the Interest Rate for Advances from the date thereof, in addition to all other payments to be made by the Company pursuant to the Loan Documents and shall be subject to and secured by this Security Agreement as additional indebtedness in accordance with the provisions of Section 2.8 hereofmortgagee.

Appears in 2 contracts

Sources: Lease Agreement (Atlas Financial Holdings, Inc.), Lease Agreement (Atlas Financial Holdings, Inc.)

Mechanics' and Other Liens. Except for Permitted Encumbrances, the Company shall not suffer or permit any mechanics' or other Liens to be filed or to exist against the Collateral or any payments paid or payable under the Loan Documents, by reason of work, labor, services or materials supplied or claimed to have been supplied to, for or in connection with the Collateral or to the Company, the Director or anyone holding the Collateral or any part thereof through or under the Company. 21.1 If any such Lien mechanic’s, construction, laborer’s or materialman’s lien shall at any time be filedfiled against the Property or any part thereof with respect to any work done, or labor or materials furnished, or caused to be furnished, by Tenant or anyone claiming through or under Tenant, or any judgment, attachment or levy is filed or recorded against the Company shallProperty or any part thereof by anyone claiming through or under Tenant, Tenant, within thirty (30) 30 days after notice of the filing thereof but subject to the right to contest as herein set forththereof, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. Notwithstanding the foregoing, the Company If Tenant shall have the right, at the Company's expense and after written notice to the Director, by appropriate proceeding timely instituted and diligently prosecuted, to contest in good faith the validity or the amount of any such Lien. If, however, the Director shall notify the Company that, in the opinion of Independent Counsel, by nonpayment of any such items the lien, pledge or security interest created by this Security Agreement as to any part of the Collateral will be materially affected or the Collateral or any part thereof will be subject to imminent loss or forfeiture, the Company shall promptly cause such Lien to be discharged of record, as herein provided. Should the Company fail to cause such Lien lien, judgment, attachment or levy to be discharged or to contest the validity or amount thereof, within the period aforesaid, then, the Director in addition to any other right or remedy, Landlord may, but shall not be under no obligation obligated to, discharge the same either by paying the claim or bonding proceedings, if permitted by procuring the discharge of such Lien law (and if not so permitted, by making a deposit or obtaining a bond, which advances if any shall be in court). Any amount so paid by the Company to the Director on demandL▇▇▇▇▇▇▇, including all costs and expenses paid by Landlord in connection therewith, together with interest thereon at the Interest Rate for Advances rate of 15% per annum (or, if lower, the maximum rate permitted by law) from the date thereofrespective dates of Landlord’s so paying any such amount, in addition to all other payments to be made cost or expense, shall constitute additional rent payable by the Company pursuant to the Loan Documents Tenant under this Lease and shall be subject paid by Tenant to Landlord on demand. 21.2 Nothing contained in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials for any specific improvement, alteration to or repair of the Premises, or any part thereof, or as giving Tenant any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any mechanic’s or construction liens against L▇▇▇▇▇▇▇’s interest in the Premises. Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant upon credit, and secured by this Security Agreement as additional indebtedness that no mechanic’s or other lien for any such labor or materials shall attach to or affect the reversion or estate or interest of Landlord in accordance with and to the provisions of Section 2.8 hereofPremises.

Appears in 2 contracts

Sources: Lease Agreement (PishPosh, Inc.), Lease Agreement (PishPosh, Inc.)

Mechanics' and Other Liens. Except for Permitted EncumbrancesTenant shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the Company interest of Landlord in the leased premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with Tenant, including those who may furnish materials or perform labor for any construction or repairs, and each such claim shall not suffer affect and each such lien shall attach to, if at all, only the leasehold interest granted to Tenant by this Lease. Tenant covenants and agrees that it will pay or permit any mechanics' or other Liens cause to be filed or to exist against the Collateral or paid all sums legally due and payable by it on account of any payments paid or payable under the Loan Documents, by reason of work, labor, services labor performed or materials supplied or claimed to have been supplied to, for or furnished in connection with any work performed on the Collateral leased premises on which any lien is or to can be validly and legally asserted against its leasehold interest in the Companyleased premises or the improvements thereon and that it will save and hold Landlord harmless from any and all loss, liability, cost or expense based on or arising out of asserted claims or liens against the Director leasehold estate or anyone holding against the Collateral or any part thereof through right, title and interest of the Landlord in the leased premises or under the Companyterms of this Lease. Tenant will not permit any mechanic's lien or liens or any other liens which may be imposed by law affecting Landlord's or its mortgagees' interest in the leased premises or the Building to be placed upon the leased premises or the Building arising out of any action or claimed action by Tenant, and in case of the filing of such lien Tenant will promptly pay same. If any such Lien lien shall at any time be filed, the Company shall, within thirty remain in force and effect for twenty (3020) days after written notice thereof from Landlord to Tenant, Landlord shall have the right and privilege of paying and discharging the filing same or any portion thereof but subject without inquiry as to the right validity thereof, and amounts so paid, including expenses and interest, shall be so much additional rent hereunder due from Tenant to contest as herein set forth, cause the same Landlord and shall be paid to be discharged Landlord immediately on rendition of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwiseb▇▇▇ therefor. Notwithstanding the foregoing, the Company Tenant shall have the right, at the Company's expense and after written notice to the Director, by appropriate proceeding timely instituted and diligently prosecuted, right to contest any such lien in good faith the validity or the amount of and with all due diligence so long as any such Lien. Ifcontest, howeveror action and any such mortgagee are, by the expiration of said twenty (20) day period, the Director shall notify the Company thatTenant has furnished such protection, in the opinion of Independent Counseland indemnification against any loss, by nonpayment of liability, cost or expense related to any such items lien and the lien, pledge or security interest created by this Security Agreement contest thereof as are satisfactory to Landlord and any part of the Collateral will be materially affected or the Collateral or any part thereof will be subject to imminent loss or forfeiture, the Company shall promptly cause such Lien to be discharged of record, as herein provided. Should the Company fail to cause such Lien to be discharged or to contest the validity or amount thereof, within the period aforesaid, then, the Director may, but shall be under no obligation to, discharge the same either by paying the claim or by procuring the discharge of such Lien by making a deposit or obtaining a bond, which advances if any shall be paid by the Company to the Director on demand, together with interest thereon at the Interest Rate for Advances from the date thereof, in addition to all other payments to be made by the Company pursuant to the Loan Documents and shall be subject to and secured by this Security Agreement as additional indebtedness in accordance with the provisions of Section 2.8 hereofmortgagee.

Appears in 2 contracts

Sources: Lease Agreement (Entrade Inc), Lease Agreement (Entrade Inc)

Mechanics' and Other Liens. Except for Permitted EncumbrancesTenant shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the Company interest of Landlord in the Leased Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with Tenant, including those who may furnish materials or perform labor for any construction or repairs, and each such claim shall not suffer affect and each such lien shall attach to, if at all, only the leasehold interest granted to Tenant by this Lease. Tenant covenants and agrees that it will pay or permit any mechanics' or other Liens cause to be filed or to exist against the Collateral or paid all sums legally due and payable by it on account of any payments paid or payable under the Loan Documents, by reason of work, labor, services labor performed or materials supplied or claimed to have been supplied to, for or furnished in connection with any work performed on the Collateral Leased Premises on which any lien is or to can be validly and legally asserted against its leasehold interest in the CompanyLeased Premises or the improvements thereon and that it will save and hold Landlord harmless from any and all loss, liability, cost or expense based on or arising out of asserted claims or liens against the Director leasehold estate or anyone holding against the Collateral or any part thereof through right, title and interest of Landlord in the Leased Premises or under the Companyterms of this Lease. Tenant will not permit any mechanic's lien or liens or any other liens which may be imposed by law affecting Landlord's or its mortgagees' interest in the Leased Premises or the Building to be placed upon the Leased Premises or the Building arising out of any action or claimed action by Tenant, and in case of the filing of any such lien Tenant will promptly pay same. If any such Lien lien shall at any time be filed, the Company shall, within thirty remain in force and effect for twenty (3020) days after written notice thereof from Landlord to Tenant, Landlord shall have the right and privilege of paying and discharging the filing same or any portion thereof but subject without inquiry as to the right validity thereof, and any amounts so paid, including expenses and interest, shall be so much additional rent hereunder due from Tenant to contest as herein set forth, cause the same Landlord and shall be paid to be discharged Landlord immediately on rendition of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise▇▇▇▇ therefor. Notwithstanding the foregoing, the Company Tenant shall have the right, at the Company's expense and after written notice to the Director, by appropriate proceeding timely instituted and diligently prosecuted, right to contest any such lien in good faith the validity or the amount of and with all due diligence so long as any such Lien. Ifcontest, howeveror action taken in connection therewith, protects the Director shall notify the Company that, interest of Landlord and Landlord's mortgagee in the opinion of Independent CounselLeased Premises, and Landlord and any such mortgagee are, by nonpayment the expiration of said twenty (20) day period, furnished such protection, and indemnification against any loss, liability, cost or expense related to any such items lien and the lien, pledge or security interest created by this Security Agreement contest thereof as are satisfactory to Landlord and any part of the Collateral will be materially affected or the Collateral or any part thereof will be subject to imminent loss or forfeiture, the Company shall promptly cause such Lien to be discharged of record, as herein provided. Should the Company fail to cause such Lien to be discharged or to contest the validity or amount thereof, within the period aforesaid, then, the Director may, but shall be under no obligation to, discharge the same either by paying the claim or by procuring the discharge of such Lien by making a deposit or obtaining a bond, which advances if any shall be paid by the Company to the Director on demand, together with interest thereon at the Interest Rate for Advances from the date thereof, in addition to all other payments to be made by the Company pursuant to the Loan Documents and shall be subject to and secured by this Security Agreement as additional indebtedness in accordance with the provisions of Section 2.8 hereofmortgagee.

Appears in 2 contracts

Sources: Lease Agreement (Atlas Financial Holdings, Inc.), Lease Agreement (Atlas Financial Holdings, Inc.)

Mechanics' and Other Liens. Except (a) Lessee covenants and agrees to keep all of the leased premises and every part thereof and all buildings and other improvements thereon free and clear of and from any and all mechanics’, materialmen’s and other liens for Permitted Encumbranceswork or labor done, the Company shall not suffer services performed, materials, appliances, teams or permit any mechanics' power contributed, used or other Liens furnished to be filed used in or to exist against the Collateral or any payments paid or payable under the Loan Documents, by reason of work, labor, services or materials supplied or claimed to have been supplied to, about said premises for or in connection with any operations of the Collateral Lessee, any alteration, improvement or repairs or additions which Lessee may make or permit or cause to the Companybe made, the Director or anyone holding the Collateral or any part thereof through work or under construction, by, for or permitted by Lessee on or about the Company. If leased premises, and at all times promptly and fully to pay and discharge any and all claims upon which any such Lien lien may or could be based, and to save and hold the Lessor and all of the leased premises and all buildings and improvements thereon free and harmless of and from any and all such liens and claims of liens and suits or other proceedings pertaining thereto. Lessee covenants and agrees to give Lessor written notice not less than ten (10) days in advance of the commencement of any construction, alteration, addition, improvement or repair costing in excess of Two Thousand Dollars ($2,000) in order that Lessor may post appropriate notices of Lessor’s non-responsibility. Lessee further agrees that if so requested by Lessor it will obtain, at its sole expense, a corporate surety bond satisfactory to Lessor sufficient to protect the leased premises against any mechanics’, materialmen’s or other liens of the type hereinbefore described in this paragraph 9(a). (b) If Lessee desires to contest any such lien, it shall at any time be filed, the Company shall, notify Lessor of its intention so to do within thirty ten (3010) days after notice the filing of such lien. In such case Lessee shall not be in default hereunder, and Lessor shall not satisfy and discharge such lien, until five (5) days after the final determination of the filing thereof but subject validity thereof, when Lessee shall satisfy and discharge such lien to the right to extent held valid, but the satisfaction and discharge of any such lien shall not, in any case, be delayed until execution is had upon any judgment rendered thereon, and such delay shall be a default of Lessee hereunder. In the event of any such contest as herein set forthLessee shall protect and indemnify Lessor against all loss, cause the same to be discharged of record by paymentcost, deposit, bond, order of a court of competent jurisdiction or otherwise. Notwithstanding the foregoing, the Company shall have the right, at the Company's expense and after written damage resulting therefrom and, upon receipt of notice so to the Directordo, by appropriate proceeding timely instituted and diligently prosecutedshall furnish Lessor a corporate surety bond satisfactory to Lessor, to contest in good faith the validity or double the amount of any the lien contested, conditioned that Lessee shall satisfy and discharge such Lien. Iflien and shall protect and indemnify Lessor as herein required. (c) No mechanics’ or materialmen’s liens or mortgages, howeverdeeds of trust, the Director shall notify the Company that, in the opinion of Independent Counsel, by nonpayment or other liens of any such items the liencharacter whatsoever created or suffered by Lessee shall in any way, pledge or security interest created by this Security Agreement as to any part extent, affect the interest or rights of Lessor in any buildings or other improvements on the Collateral will be materially affected leased premises, or the Collateral attach to or any part thereof will be subject affect its title to imminent loss or forfeiture, the Company shall promptly cause such Lien to be discharged of record, as herein provided. Should the Company fail to cause such Lien to be discharged or to contest the validity or amount thereof, within the period aforesaid, then, the Director may, but shall be under no obligation to, discharge the same either by paying the claim or by procuring the discharge of such Lien by making a deposit or obtaining a bond, which advances if any shall be paid by the Company to the Director on demand, together with interest thereon at the Interest Rate for Advances from the date thereof, rights in addition to all other payments to be made by the Company pursuant to the Loan Documents and shall be subject to and secured by this Security Agreement as additional indebtedness in accordance with the provisions of Section 2.8 hereofsaid premises.

Appears in 2 contracts

Sources: Sublease Agreement (Kodiak Sciences Inc.), Sublease Agreement (Kodiak Sciences Inc.)

Mechanics' and Other Liens. Except for Permitted Encumbrances16.1 Tenant covenants that it shall not (and has no authority to) create or allow any encumbrance against the Premises, the Company Building or any part of any thereof or Landlord’s interest therein except as set forth in this Lease. 16.2 Tenant covenants that it shall not suffer or permit any mechanics' or other Liens to be filed created, or to exist against the Collateral remain, any lien or claim thereof (arising out of any payments paid work done or payable under the Loan Documentsservices, by reason of workmaterial, labor, services equipment or materials supplied or claimed to have been supplied to, supplies furnished for or in connection with at the Collateral request of Tenant or to by or for any contractor or subcontractor of Tenant) which is or may become a lien upon the Company, Premises or the Director or anyone holding the Collateral Building or any part of any thereof through or under the Company. income therefrom or any fixture, equipment or similar property therein. 16.3 If any such Lien lien or claim shall at any time be filed, the Company shall, Tenant shall within thirty (30) 20 days after its receipt of notice of the filing thereof but subject to the right to contest as herein set forththereof, cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction bond or otherwise. Notwithstanding the foregoing, the Company If Tenant shall have the right, at the Company's expense and after written notice to the Director, by appropriate proceeding timely instituted and diligently prosecuted, to contest in good faith the validity or the amount of any such Lien. If, however, the Director shall notify the Company that, in the opinion of Independent Counsel, by nonpayment of any such items the lien, pledge or security interest created by this Security Agreement as to any part of the Collateral will be materially affected or the Collateral or any part thereof will be subject to imminent loss or forfeiture, the Company shall promptly cause such Lien to be discharged of record, as herein provided. Should the Company fail to cause such Lien lien or claim to be discharged and removed from record within that period (such failure constituting an Event of Default without notice or opportunity to contest the validity or amount thereof, within the period aforesaidcure other than such period), then, without obligation to investigate the Director validity thereof and in addition to any other right or remedy Landlord may have, Landlord may, but shall not be under no obligation obligated to, discharge contest the same either by paying the lien or claim or discharge it by procuring payment, deposit, bond or otherwise; and Landlord shall be entitled, if Landlord so decides, to compel the discharge prosecution of an action for the foreclosure of such Lien lien and to pay the amount of the judgment in favor of the lien or with interest and costs. Any amounts so paid by Landlord and all costs and expenses, including reasonable attorneys’ fees, incurred by Landlord in connection therewith, together with interest at the Lease Interest Rate from the respective dates of Landlord’s making a deposit of the payment or obtaining a bondincurring of the cost or expense, which advances if any shall constitute Additional Rent payable by Tenant under this Lease and shall be paid by the Company Tenant to Landlord promptly on demand. 16.4 Notwithstanding anything to the Director on demandcontrary in this Lease or in any other writing signed by Landlord, together with interest thereon at the Interest Rate for Advances from the date thereofneither this Lease nor any other writing signed by Landlord shall be construed as evidencing, in addition to all other payments indicating, or causing an appearance that any erection, construction, alteration or repair to be made done, or caused to be done, by Tenant is or was in fact for the Company pursuant to the Loan Documents immediate use and shall be subject to and secured by this Security Agreement as additional indebtedness in accordance with the provisions benefit of Section 2.8 hereofLandlord.

Appears in 1 contract

Sources: Lease Agreement (Erytech Pharma S.A.)

Mechanics' and Other Liens. Except for Permitted Encumbrances(a) Tenant covenants that it shall not (and has no authority to) create or allow any encumbrance against the Premises, the Company Property, the Building or any part of any of them or Landlord’s interest therein. (b) Tenant covenants that it shall not suffer or permit any mechanics' or other Liens to be filed created, or to exist against the Collateral remain, any lien or claim thereof (arising out of any payments paid work done or payable under the Loan Documentsservices, by reason of workmaterial, labor, services equipment or materials supplied or claimed to have been supplied to, supplies furnished for or in connection with at the Collateral request of Tenant or by or for any contractor or subcontractor of Tenant, but not to the Companyextent resulting from the acts or omissions of Landlord or Landlord’s agents or employees) which is or may become a lien upon the Premises, the Director or anyone holding Property, the Collateral Building or any part thereof through of any of them or under the Company. income therefrom or any fixture, equipment or similar property therein. (c) If any such Lien lien or claim shall at any time be filed, the Company shallTenant, within thirty (30) days after notice of the filing thereof but subject to the right to contest as herein set forththereof, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction bond or otherwise. Notwithstanding the foregoing, the Company If Tenant shall have the right, at the Company's expense and after written notice to the Director, by appropriate proceeding timely instituted and diligently prosecuted, to contest in good faith the validity or the amount of any such Lien. If, however, the Director shall notify the Company that, in the opinion of Independent Counsel, by nonpayment of any such items the lien, pledge or security interest created by this Security Agreement as to any part of the Collateral will be materially affected or the Collateral or any part thereof will be subject to imminent loss or forfeiture, the Company shall promptly cause such Lien to be discharged of record, as herein provided. Should the Company fail to cause such Lien lien or claim to be discharged or to contest the validity or amount thereof, and removed from record within the period aforesaidthat period, then, without obligation to investigate the Director validity thereof and in addition to any other right or remedy Landlord may have, Landlord may, but shall not be under no obligation obligated to, discharge contest the same either by paying the lien or claim or discharge it by procuring payment, deposit, bond or otherwise; and Landlord shall be entitled, if Landlord so decides, to compel the discharge prosecution of an action for the foreclosure of such Lien lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest and costs. Any amounts so paid by Landlord and all costs and expenses, including attorneys’ fees, incurred by Landlord in connection therewith, together with interest at the Lease Interest Rate from the respective dates of Landlord’s making a deposit of the payment or obtaining a bondincurring of the cost or expense, which advances if any shall constitute additional rent payable by Tenant under this Lease and shall be paid by the Company Tenant to Landlord within thirty (30) days after specifically detailed demand therefor. (d) Notwithstanding anything to the Director on demandcontrary in this Lease or in any other writing signed by Landlord, together with interest thereon at the Interest Rate for Advances from the date thereofneither this Lease nor any other writing signed by Landlord shall be construed as evidencing, in addition to all other payments indicating, or causing an appearance that any erection, construction, alteration or repair to be made done, or caused to be done, by Tenant is or was in fact for the Company pursuant immediate use and benefit of Landlord. Further, notwithstanding anything contained herein to the Loan Documents and contrary, nothing contained in or contemplated by this Lease shall be subject deemed or construed in any way to constitute the consent or request on the part of Landlord for the performance of any work or services or the furnishing of any materials for which any lien could be filed against the Premises or the Building or the Property or any part of any of them, nor as giving Tenant any right, power, or authority to contract for or permit the performance of any work or services or the furnishing of any materials for which any lien could be filed against the Premises, the Building, the Property or any part of any of them. (e) Promptly after the completion of any work or the delivery of any material to the Premises by any contractor, subcontractor or materialman engaged by Tenant, Tenant shall deliver to the Landlord partial and/or final releases of liens (whichever shall be applicable) from each such contractor, subcontractor or materialman for work that has been performed and secured paid for to date and, upon completion of any project, an affidavit from its contractor that it and all subcontractors and materialmen hired by this Security Agreement as additional indebtedness in accordance it have been paid for all work done with respect to the project. With respect to any project that is bonded, prior to the commencement of any work Tenant shall also provide Landlord with a copy of a Waiver of Liens from its contractor which has been filed with the provisions Prothonotary of Section 2.8 hereof▇▇▇▇▇▇▇ County, Pennsylvania.

Appears in 1 contract

Sources: Lease Agreement (Auxilium Pharmaceuticals Inc)

Mechanics' and Other Liens. Except If, because of any work done in or on or any materials furnished to the Premises at the instance of Tenant, or because of any other act or failure to act on the part of Tenant or any person for Permitted Encumbranceswhom Tenant is legally responsible, the Company shall not suffer any mechanic's lien or permit any mechanics' judgment, tax or other Liens lien shall be filed for record against the Premises, then regardless of whether such lien is valid or enforceable as such, Tenant shall, at its own expense, cause such lien to be filed or to exist against the Collateral or any payments paid or payable under the Loan Documents, by reason of work, labor, services or materials supplied or claimed to have been supplied to, for or in connection with the Collateral or to the Company, the Director or anyone holding the Collateral or any part thereof through or under the Company. If any such Lien shall at any time be filed, the Company shall, discharged within thirty (30) days after written notice from Landlord, by bonding proceedings or otherwise. In addition, Tenant shall indemnify and hold harmless Landlord from any claim, damage, loss, liability, settlement, judgment or other cost and expense, including attorneys' fees, resulting from or by reason of the filing thereof but subject any such lien. If Tenant shall fail to the right to contest take such actions as herein set forth, shall cause the same such lien to be discharged of record by paymentwithin said thirty (30) day period, deposit, bond, order of a court of competent jurisdiction or otherwise. Notwithstanding the foregoing, the Company shall have the rightLandlord may, at the Company's expense and after written notice to the Directorits option, by appropriate proceeding timely instituted and diligently prosecuted, to contest in good faith the validity or pay the amount of any such Lien. If, however, lien or may discharge the Director shall notify the Company thatsame by bonding proceedings and, in the opinion event of Independent Counselsuch bonding proceedings, Landlord may require the lienor to prosecute the appropriate action to enforce the lienor's claim. Any such amount paid or expense incurred by nonpayment Landlord, or any expense incurred or sum of money paid by Landlord by reason of the failure of Tenant to comply with the foregoing provisions of this paragraph, or in defending any such items the lienaction, pledge or security interest created shall become immediately due and payable as additional rent by this Security Agreement as Tenant to any part of the Collateral will be materially affected or the Collateral or any part thereof will be subject to imminent loss or forfeiture, the Company shall promptly cause such Lien to be discharged of record, as herein provided. Should the Company fail to cause such Lien to be discharged or to contest the validity or amount thereof, within the period aforesaid, then, the Director may, but shall be under no obligation to, discharge the same either by paying the claim or by procuring the discharge of such Lien by making a deposit or obtaining a bond, which advances if any shall be paid by the Company to the Director on demandLandlord, together with interest thereon at the Interest Default Rate for Advances thereon from the date thereof, in addition to all other payments of payment by Landlord until paid by Tenant. Any such payment or discharge by Landlord shall not be deemed to be made by the Company pursuant to the Loan Documents and shall be subject to and secured by this Security Agreement as additional indebtedness in accordance with a waiver of any other rights which Landlord may have under the provisions of Section 2.8 hereofthis Lease or as provided by law.

Appears in 1 contract

Sources: Sublease Agreement (Safe Auto Group, Inc.)

Mechanics' and Other Liens. Except for Permitted EncumbrancesA. Tenant shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the Company interest of Landlord in the leased premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with Tenant, including those who may furnish materials or perform labor for any construction or repairs, and each such claim shall not suffer affect and each such lien shall attach to, if at all, only the leasehold interest granted to Tenant by this lease. Tenant covenants and agrees that it will pay or permit any mechanics' or other Liens cause to be filed or to exist against the Collateral or paid all sums legally due and payable by it on account of any payments paid or payable under the Loan Documents, by reason of work, labor, services labor performed or materials supplied or claimed to have been supplied to, for or furnished in connection with any work performed on the Collateral leased premises on which any lien is or to can be validly and legally asserted against its leasehold interest in the Companyleased premises or the improvements thereon and that it will save and hold Landlord harmless from any and all loss, liability, cost or expense based on or arising out of asserted claims or liens against the Director leasehold estate or anyone holding against the Collateral or any part thereof through right, title and interest of the Landlord in the leased premises or under the Companyterms of this lease. Tenant will not permit any mechanic’s lien or liens or any other liens which may be imposed by law affecting Landlord’s or its mortgagees’ interest in the leased premises or the Building to be placed upon the leased premises or the Building arising out of any action or claimed action by Tenant, and in case of the filing of any such lien Tenant will promptly pay same. If any such Lien lien shall at remain in force and effect for twenty (20) days, Landlord shall have the right and privilege of paying and discharging the same or any time be filed, the Company shall, within thirty (30) days after notice of the filing portion thereof but subject without inquiry as to the right validity thereof, and any amounts so paid, including expenses and interest, shall be so much additional rent hereunder due from Tenant to contest as herein set forth, cause the same Landlord and shall be paid to be discharged Landlord immediately on rendition of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwiseb▇▇▇ therefor. Notwithstanding the foregoing, the Company Tenant shall have the right, at the Company's expense and after written notice to the Director, by appropriate proceeding timely instituted and diligently prosecuted, right to contest any such lien in good faith the validity or the amount of and with all due diligence so long as any such Lien. Ifcontest, howeveror action taken in connection therewith, protects the Director shall notify the Company that, interest of Landlord and Landlord’s mortgagee in the opinion of Independent Counselleased premises, and Landlord and any such mortgagee are, by nonpayment the expiration of said twenty (20) day period, furnished such protection, and indemnification against any loss, liability, cost or expense related to any such items lien and the liencontest thereof as are satisfactory to Landlord and any such mortgagee. B. Landlord shall defend its title and this Lease against mechanic’s liens claims of contractors, pledge subcontractors and other persons performing work or security interest created by this Security Agreement as to any part supplying materials in the construction of the Collateral will be materially affected Building and other improvements on the Property by Landlord, and the construction and installation by Landlord of improvements in the leased premises, under any contract or the Collateral or any part thereof will be subject to imminent loss or forfeiture, the Company shall promptly cause such Lien to be discharged of record, as herein provided. Should the Company fail to cause such Lien to be discharged or to contest the validity or amount thereof, within the period aforesaid, then, the Director may, but shall be under no obligation to, discharge the same either by paying the claim or by procuring the discharge of such Lien by making a deposit or obtaining a bond, which advances if any shall be paid by the Company to the Director on demand, together with interest thereon at the Interest Rate for Advances from the date thereof, in addition to all other payments to be agreement made by the Company pursuant to the Loan Documents or with Landlord, its contractors, subcontractors and shall be subject to and secured by this Security Agreement as additional indebtedness in accordance with the provisions of Section 2.8 hereofagents.

Appears in 1 contract

Sources: Lease Agreement (Double-Take Software, Inc.)

Mechanics' and Other Liens. Except for Permitted Encumbrancesa. Tenant shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or any manner to bind, the Company interest of Landlord in the Leased Premises or to charge the Rent payable hereunder by Tenant for any claim in favor of any person dealing with Tenant, including those who may furnish materials or perform labor, construction or repairs for Tenant, and each such claim shall not suffer affect under contract with Tenant and each such lien shall attach to, if at all, only the leasehold interest granted to Tenant pursuant to this Lease. Tenant covenants and agrees that it will pay or permit any mechanics' or other Liens cause to be filed or to exist against the Collateral or any payments paid or all sums legally due and payable under the Loan Documents, by reason it on account of work, labor, services labor performed or materials supplied or claimed to have been supplied to, for or furnished in connection with any work performed on the Collateral Leased Premises under contracts executed by Tenant on which any lien is or to can be validly and legally asserted against its leasehold interest in the CompanyLeased Premises or the Improvements, and that it will save and hold Landlord harmless from any and all loss, liability, cost or expense based on or arising out of asserted claims or liens against the Director leasehold estate of Tenant or anyone holding against the Collateral or any part thereof through right, title and interest of Landlord in the Leased Premises or under the Companyterms of this Lease. Tenant will not permit any mechanic’s lien or liens or any other liens which may be imposed by law affecting Landlord’s or its Mortgagees’ interests in the Leased Premises or the Improvements to be placed upon the Leased Premises or the Improvements arising out of any action or claimed action by Tenant, and in case of the filing of any such lien Tenant will promptly pay or discharge the same. If any such Lien lien shall at any time be filed, the Company shall, within remain in force and effect for thirty (30) days after written notice thereof from Landlord to Tenant, Landlord shall have the right and privilege of paying and discharging the filing same or any portion thereof but subject without inquiry as to the right validity thereof, and any amounts so paid, including expenses and interest, shall be paid by Tenant to contest Landlord, as herein set forthAdditional Rent hereunder, cause the same to be discharged of record by payment, deposit, bond, order immediately on rendition of a court of competent jurisdiction or otherwise▇▇▇▇ therefor. Notwithstanding the foregoing, the Company Tenant shall have the right, at the Company's expense and after written notice to the Director, by appropriate proceeding timely instituted and diligently prosecuted, right to contest any such lien in good faith and with all due diligence so long as any such contest, or action taken in connection therewith protects the validity interests of Landlord and any Mortgagee in the Leased Premises and the Land, and Landlord and any such Mortgagee are, by the expiration of said thirty (30) day period, furnished such reasonable protection, and reasonable indemnification against any loss, liability, cost or expense related to any such lien and the amount contest thereof as are reasonably satisfactory to Landlord and any such Mortgagee. b. To secure the payment of all rentals and other sums of money becoming due from Tenant under this Lease, Landlord shall have, and Tenant grants to Landlord, a first lien upon the leasehold interest of Tenant under this Lease and upon any inventory, equipment and other personal property owned or leased by Tenant or any subtenant now or hereafter located at the Premises, which lien may be enforced in equity. Notwithstanding the foregoing, provided that Tenant is not in default hereunder (following the expiration of any applicable notice and cure periods), Landlord agrees that it shall agree to waive any lien it may have as to specific personal property being financed or refinanced including, without limitation, the aircraft being stored in the Premises (and any replacement thereof), if so requested by any financial institution financing or refinancing such Lienpersonal property (the "Personal Property Lender"). IfLandlord further agrees that, if so requested by any Personal Property Lender, Landlord shall waive any lien it may have against such personal property by signing and delivering to the Personal Property Lender a written waiver of such lien, in form and substance reasonably acceptable to Landlord and its counsel; provided, however, that in no event shall Landlord be required by such Personal Property Lender to undertake any obligations or responsibility to the Director shall notify Personal Property Lender or with respect to the Company that, in personal property which is the opinion of Independent Counsel, by nonpayment of any such items the lien, pledge or security interest created by this Security Agreement as to any part subject of the Collateral will be materially affected or the Collateral or any part thereof will be subject to imminent loss or forfeiturewaiver. Rather, the Company shall promptly cause such Lien parties agree that the intention of this Section 23.b. is to be discharged of record, as herein provided. Should the Company fail require only that Landlord agree to cause such Lien to be discharged waive any lien it may have against specific personal property being financed or to contest the validity or amount thereof, within the period aforesaid, then, the Director may, but shall be under no obligation to, discharge the same either refinanced if so requested by paying the claim or by procuring the discharge of such Lien by making a deposit or obtaining a bond, which advances if any shall be paid by the Company to the Director on demand, together with interest thereon at the Interest Rate for Advances from the date thereof, in addition to all other payments to be made by the Company pursuant to the Loan Documents and shall be subject to and secured by this Security Agreement as additional indebtedness in accordance with the provisions of Section 2.8 hereofPersonal Property Lender.

Appears in 1 contract

Sources: Lease Agreement

Mechanics' and Other Liens. Except for Permitted Encumbrances(a) Tenant shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or any manner to bind, the Company interest of Landlord in the Leased Premises or to charge the Rent payable hereunder by Tenant for any claim in favor of any person dealing with Tenant, including those who may furnish materials or perform labor, construction or repairs for Tenant, and each such claim shall not suffer affect under contract with Tenant and each such lien shall attach to, if at all, only the leasehold interest granted to Tenant pursuant to this Lease. Tenant covenants and agrees that it will pay or permit any mechanics' or other Liens cause to be filed or to exist against the Collateral or any payments paid or all sums legally due and payable under the Loan Documents, by reason it on account of work, labor, services labor performed or materials supplied or claimed to have been supplied to, for or furnished in connection with any work performed on the Collateral Leased Premises under contracts executed by Tenant on which any lien is or to can be validly and legally asserted against its leasehold interest in the CompanyLeased Premises or the Improvements, and that it will save and hold Landlord harmless from any and all loss, liability, cost or expense based on or arising out of asserted claims or liens against the Director leasehold estate of Tenant or anyone holding against the Collateral or any part thereof through right, title and interest of Landlord in the Leased Premises or under the Companyterms of this Lease. Tenant will not permit any mechanic's lien or liens or any other liens which may be imposed by law affecting Landlord's or its Mortgagees' interests in the Leased Premises or the Improvements to be placed upon the Leased Premises or the Improvements arising out of any action or claimed action by Tenant, and in case of the filing of any such lien Tenant will promptly pay or discharge the same. If any such Lien lien shall at any time be filed, the Company shall, within remain in force and effect for thirty (30) days after written notice thereof from Landlord to Tenant, Landlord shall have the right and privilege of paying and discharging the filing same or any portion thereof but subject without inquiry as to the right validity thereof, and any amounts so paid, including expenses and interest, shall be paid by Tenant to contest Landlord, as herein set forthadditional rent hereunder, cause the same to be discharged immediately on rendition of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise▇▇▇▇ therefor. Notwithstanding the foregoing, the Company Tenant shall have the right, at the Company's expense and after written notice to the Director, by appropriate proceeding timely instituted and diligently prosecuted, right to contest any such lien in good faith and with all due diligence so long as any such contest, or action taken in connection therewith protects the validity interests of Landlord and any Mortgagee in the Leased Premises and the Land, and Landlord and any such Mortgagee are, by the expiration of said thirty (30) day period, furnished such reasonable protection, and reasonable indemnification against any loss, liability, cost or expense related to any such lien and the amount contest thereof as are reasonably satisfactory to Landlord and any such Mortgagee. (b) To secure the payment of all rentals and other sums of money becoming due from Tenant under this Lease, Landlord shall have, and Tenant grants to Landlord, a first lien upon the leasehold interest of Tenant under this Lease and upon any inventory, equipment and other personal property owned or leased by Tenant or any subtenant now or hereafter located at the Premises, which lien may be enforced in equity. Notwithstanding the foregoing, provided that Tenant is not in default hereunder (following the expiration of any applicable notice and cure periods), Landlord agrees that it shall agree to waive any lien it may have as to specific personal property being financed or refinanced, including, without limitation, the aircraft being stored in the Premises (and any replacement thereof), if so requested by any financial institution financing or refinancing such Lienpersonal property (the "Personal Property Lender"). IfLandlord further agrees that, if so requested by any Personal Property Lender, Landlord shall waive any lien it may have against such personal property by signing and delivering to the Personal Property Lender a written waiver of such lien, in form and substance reasonably acceptable to Landlord and its counsel; provided, however, that in no event shall Landlord be required by such Personal Property Lender to undertake any obligations or responsibility to the Director shall notify Personal Property Lender or with respect to the Company that, in personal property which is the opinion of Independent Counsel, by nonpayment of any such items the lien, pledge or security interest created by this Security Agreement as to any part subject of the Collateral will be materially affected or the Collateral or any part thereof will be subject to imminent loss or forfeiturewaiver. Rather, the Company shall promptly cause such Lien parties agree that the intention of this Section 21 (b) is to be discharged of record, as herein provided. Should the Company fail require only that Landlord agree to cause such Lien to be discharged waive any lien it may have against specific personal property being financed or to contest the validity or amount thereof, within the period aforesaid, then, the Director may, but shall be under no obligation to, discharge the same either refinanced if so requested by paying the claim or by procuring the discharge of such Lien by making a deposit or obtaining a bond, which advances if any shall be paid by the Company to the Director on demand, together with interest thereon at the Interest Rate for Advances from the date thereof, in addition to all other payments to be made by the Company pursuant to the Loan Documents and shall be subject to and secured by this Security Agreement as additional indebtedness in accordance with the provisions of Section 2.8 hereofPersonal Property Lender.

Appears in 1 contract

Sources: Lease Agreement

Mechanics' and Other Liens. Except for Permitted Encumbrances(a) Tenant covenants that it shall not (and has no authority to) create or allow any encumbrance against the Premises, the Company Property, the Building or any part of any of them or Landlord’s interest therein. (b) Tenant covenants that it shall not suffer or permit any mechanics' or other Liens to be filed created, or to exist against the Collateral remain, any lien or claim thereof (arising out of any payments paid work done or payable under the Loan Documentsservices, by reason of workmaterial, labor, services equipment or materials supplied or claimed to have been supplied to, supplies furnished for or in connection with at the Collateral request of Tenant or by or for any contractor or subcontractor of Tenant), but not to the Companyextent resulting from the acts or omissions of Landlord or Landlord’s agents, contractors or employees, which is or may become a lien upon the Premises, the Director or anyone holding Property, the Collateral Building or any part thereof through of any of them or under the Company. income therefrom or any fixture, equipment or similar property therein. (c) If any such Lien lien or claim shall at any time be filed, the Company shallTenant, within thirty twenty (3020) days after obtaining actual notice of the filing thereof but subject to the right to contest as herein set forththereof, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction bond or otherwise. Notwithstanding the foregoing, the Company If Tenant shall have the right, at the Company's expense and after written notice to the Director, by appropriate proceeding timely instituted and diligently prosecuted, to contest in good faith the validity or the amount of any such Lien. If, however, the Director shall notify the Company that, in the opinion of Independent Counsel, by nonpayment of any such items the lien, pledge or security interest created by this Security Agreement as to any part of the Collateral will be materially affected or the Collateral or any part thereof will be subject to imminent loss or forfeiture, the Company shall promptly cause such Lien to be discharged of record, as herein provided. Should the Company fail to cause such Lien lien or claim to be discharged or to contest the validity or amount thereof, and removed from record within the period aforesaidthat period, then, without obligation to investigate the Director validity thereof and in addition to any other right or remedy Landlord may have, Landlord may, but shall not be under no obligation obligated to, discharge contest the same either by paying the lien or claim or discharge it by procuring payment, deposit, bond or otherwise; and Landlord shall be entitled, if Landlord so decides, to compel the discharge prosecution of an action for the foreclosure of such Lien lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest and costs. Any amounts so paid by Landlord and all costs and expenses, including attorneys’ fees, incurred by Landlord in connection therewith, together with interest at the Lease Interest Rate from the respective dates of Landlord’s making a deposit of the payment or obtaining a bondincurring of the cost or expense, which advances if any shall constitute additional rent payable by Tenant under this Lease and shall be paid by the Company Tenant to Landlord within twenty (20 days after Tenant’s receipt of written demand therefor. (d) Notwithstanding anything to the Director on demandcontrary in this Lease or in any other writing signed by Landlord, together with interest thereon at the Interest Rate for Advances from the date thereofneither this Lease nor any other writing signed by Landlord shall be construed as evidencing, in addition to all other payments indicating, or causing an appearance that any erection, construction, alteration or repair to be made done, or caused to be done, by Tenant is or was in fact for the Company pursuant immediate use and benefit of Landlord. Further, notwithstanding anything contained herein to the Loan Documents and contrary, nothing contained in or contemplated by this Lease shall be subject deemed or construed in any way to constitute the consent or request on the part of Landlord for the performance of any work or services or the furnishing of any materials for which any lien could be filed against the Premises or the Building or the Property or any part of any of them, nor as giving Tenant any right, power, or authority to contract for or permit the performance of any work or services or the furnishing of any materials for which any lien could be filed against the Premises, the Building, the Property or any part of any of them. (e) Promptly after the completion of any work or the delivery of any material to the Premises by any contractor, subcontractor or materialman engaged by Tenant, Tenant shall deliver to the Landlord partial and/or final releases of liens (whichever shall be applicable) from each such contractor, subcontractor or materialman for work that has been performed and secured paid for to date and, upon completion of any project, an affidavit from its contractor that it and all subcontractors and materialmen hired by this Security Agreement as additional indebtedness in accordance it have been paid for all work done with respect to the project. With respect to any project that is bonded, prior to the commencement of any work Tenant shall also provide Landlord with a copy of a Waiver of Liens from its contractor which has been filed with the provisions Prothonotary of Section 2.8 hereof▇▇▇▇▇▇▇ County, Pennsylvania.

Appears in 1 contract

Sources: Lease Agreement (Trevena Inc)

Mechanics' and Other Liens. Except for Permitted Encumbrances, the Company shall not suffer or permit any mechanics' or other Liens to be filed or to exist against the Collateral or any payments paid or payable under the Loan Documents, by reason of work, labor, services or materials supplied or claimed to have been supplied to, for or in connection with the Collateral or to the Company, the Director or anyone holding the Collateral or any part thereof through or under the Company. 20.1 If any such Lien mechanic's, laborer's or materialman's lien shall at any time be filedfiled against the Premises or any part thereof with respect to any work done, or labor or materials furnished, or caused to be furnished, by Tenant or anyone claiming through or under Tenant, or any judgment, attachment or levy is filed or recorded against the Company shallPremises or any part thereof by anyone claiming through or under Tenant, Tenant, within thirty (30) 30 days after the date on which Tenant receives notice of the filing thereof but subject to the right to contest as herein set forthsuch filing, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. Notwithstanding the foregoing, the Company If Tenant shall have the right, at the Company's expense and after written notice to the Director, by appropriate proceeding timely instituted and diligently prosecuted, to contest in good faith the validity or the amount of any such Lien. If, however, the Director shall notify the Company that, in the opinion of Independent Counsel, by nonpayment of any such items the lien, pledge or security interest created by this Security Agreement as to any part of the Collateral will be materially affected or the Collateral or any part thereof will be subject to imminent loss or forfeiture, the Company shall promptly cause such Lien to be discharged of record, as herein provided. Should the Company fail to cause such Lien lien, judgment, attachment or levy to be discharged or to contest the validity or amount thereof, within the period aforesaid, then, the Director in addition to any other right or remedy, Landlord may, but shall not be under no obligation obligated to, discharge the same either by paying the claim or bonding proceedings, if permitted by procuring the discharge of such Lien law (and if not so permitted, by making a deposit or obtaining a bond, which advances if any shall be in court). Any amount so paid by the Company to the Director on demandLandlord, including all reasonable costs and expenses paid by Landlord in connection therewith, together with interest thereon at the Interest Rate for Advances rate of 12% per annum (or, if lower, the maximum rate permitted by law) from the date thereofrespective dates of Landlord's so paying any such amount, in addition to all other payments to be made cost or expense, shall constitute additional rent payable by the Company pursuant to the Loan Documents Tenant under this Lease and shall be subject paid by Tenant to and secured by this Security Agreement as additional indebtedness in accordance with the provisions of Section 2.8 hereofLandlord on demand.

Appears in 1 contract

Sources: Lease Agreement (Vivus Inc)

Mechanics' and Other Liens. Except for Permitted Encumbrances(a) Tenant covenants that it shall not (and has no authority to) create or allow any encumbrance against the Premises, the Company Property, the Building or any part of any of any of them or Landlord's interest therein. (b) Tenant covenants that it shall not suffer or permit any mechanics' or other Liens to be filed created, or to exist against the Collateral remain, any lien or claim thereof (arising out of any payments paid work done or payable under the Loan Documentsservices, by reason of workmaterial, labor, services equipment or materials supplied or claimed to have been supplied to, supplies furnished for or in connection with at the Collateral request of Tenant or to by or for any contractor or subcontractor of Tenant) which is or may become a lien upon the CompanyPremises, the Director or anyone holding Property, the Collateral Building or any part thereof through of any of any of them or under the Company. income therefrom or any fixture, equipment or similar property therein. (c) If any such Lien lien or claim shall at any time be filed, the Company shallTenant, within thirty ten (3010) days after notice of the filing thereof but subject to the right to contest as herein set forththereof, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction bond or otherwise. Notwithstanding the foregoing, the Company If Tenant shall have the right, at the Company's expense and after written notice to the Director, by appropriate proceeding timely instituted and diligently prosecuted, to contest in good faith the validity or the amount of any such Lien. If, however, the Director shall notify the Company that, in the opinion of Independent Counsel, by nonpayment of any such items the lien, pledge or security interest created by this Security Agreement as to any part of the Collateral will be materially affected or the Collateral or any part thereof will be subject to imminent loss or forfeiture, the Company shall promptly cause such Lien to be discharged of record, as herein provided. Should the Company fail to cause such Lien lien or claim to be discharged or to contest the validity or amount thereof, and removed from record within the period aforesaidthat period, then, without obligation to investigate the Director validity thereof and in addition to any other right or remedy Landlord may have, Landlord may, but shall not be under no obligation obligated to, discharge contest the same either by paying the lien or claim or discharge it by procuring payment, deposit, bond or otherwise; and Landlord shall be entitled, if Landlord so decides, to compel the discharge prosecution of an action for the foreclosure of such Lien lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest and costs. Any amounts so paid by Landlord and all costs and expenses, including attorneys' fees, incurred by Landlord in connection therewith, together with interest at the Lease Interest Rate from the respective dates of Landlord's making a deposit of the payment or obtaining a bondincurring of the cost or expense, which advances if any shall constitute additional rent payable by Tenant under this Lease and shall be paid by the Company Tenant to Landlord within fifteen (15) days after demand. (d) Notwithstanding anything to the Director contrary in this Lease or in any other writing signed by Landlord, neither this Lease nor any other writing signed by Landlord shall be construed as evidencing, indicating, or causing an appearance that any erection, construction, alteration or repair to be done, or caused to be done, by Tenant is or was in fact for the immediate use and benefit of Landlord. Further, notwithstanding anything contained herein to the contrary, nothing contained in or contemplated by this Lease shall be deemed or construed in any way to constitute the consent or request on demandthe part of Landlord for the performance of any work or services or the furnishing of any materials for which any lien could be filed against the Premises or the Building or the Property or any part of any thereof, together with interest thereon at nor as giving Tenant any right, power, or authority to contract for or permit the Interest Rate performance of any work or services or the furnishing of any materials for Advances which any lien could be filed against the Premises, the Building, the Property or any part of any thereof. (e) Prior to commencement of any work or the delivery of any material to the Premises by any contractor, subcontractor or materialman engaged by Tenant, Tenant shall deliver to the Landlord a waiver of liens (herein called "Waiver of Liens") from each such contractor in form satisfactory to Landlord, bearing a stamp from the date thereofProthonotary's Office in ▇▇▇▇▇▇▇ County indicating the timely filing of the Waiver of Liens under the Mechanics Lien Law of Pennsylvania, in addition to all other payments to be made by the Company pursuant to the Loan Documents and shall be subject to and secured by this Security Agreement as additional indebtedness in accordance with the provisions of Section 2.8 hereof49 P.S.A. '14.

Appears in 1 contract

Sources: Lease Agreement (Internet Capital Group Inc)

Mechanics' and Other Liens. Except for Permitted Encumbrances, the Company shall not suffer or permit any mechanics' or other Liens to be filed or to exist against the Collateral or any payments paid or payable under the Loan Documents, by reason of work, labor, services or materials supplied or claimed to have been supplied to, for or in connection with the Collateral or to the Company, the Director or anyone holding the Collateral or any part thereof through or under the Company. 20.1 If any such Lien mechanic’s, laborer’s or materialman’s lien shall at any time be filedfiled against the Property or any part thereof with respect to any work done, or labor or materials furnished, or caused to be furnished, by Tenant or anyone claiming through or under Tenant, or any judgment, attachment or levy is filed or recorded against the Company shallProperty or any part thereof by anyone claiming through or under Tenant, Tenant, within thirty (30) days after notice of the filing thereof but subject to the right to contest as herein set forththereof, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. Notwithstanding the foregoing, the Company If Tenant shall have the right, at the Company's expense and after written notice to the Director, by appropriate proceeding timely instituted and diligently prosecuted, to contest in good faith the validity or the amount of any such Lien. If, however, the Director shall notify the Company that, in the opinion of Independent Counsel, by nonpayment of any such items the lien, pledge or security interest created by this Security Agreement as to any part of the Collateral will be materially affected or the Collateral or any part thereof will be subject to imminent loss or forfeiture, the Company shall promptly cause such Lien to be discharged of record, as herein provided. Should the Company fail to cause such Lien lien, judgment, attachment or levy to be discharged or to contest the validity or amount thereof, within the period aforesaid, then, the Director in addition to any other right or remedy, Landlord may, but shall not be under no obligation obligated to, discharge the same either by paying the claim or bonding proceedings, if permitted by procuring the discharge of such Lien law (and if not so permitted, by making a deposit or obtaining a bond, which advances if any shall be in court). Any amount so paid by the Company to the Director on demandLandlord, including all costs and expenses paid by Landlord in connection therewith, together with interest thereon at the Interest Rate for Advances rate of 18% per annum (or, if lower, the maximum rate permitted by law) from the date thereofrespective dates of Landlord’s so paying any such amount, in addition to all other payments to be made cost or expense, shall constitute additional rent payable by the Company pursuant to the Loan Documents Tenant under this Lease and shall be subject paid by Tenant to Landlord on demand. 20.2 Nothing contained in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials for any specific improvement, alteration to or repair of the Demised Premises, or any part thereof, or as giving Tenant any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any mechanic’s liens against Landlord’s interest in the Demised Premises. Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant upon credit, and secured by this Security Agreement as additional indebtedness that no mechanic’s or other lien for any such labor or materials shall attach to or affect the reversion or estate or interest of Landlord in accordance with and to the provisions of Section 2.8 hereofDemised Premises.

Appears in 1 contract

Sources: Lease Agreement (Xcyte Therapies Inc)

Mechanics' and Other Liens. Except for Permitted EncumbrancesTenant shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the Company interest of Landlord or Tenant in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with Tenant, including those who may furnish materials or perform labor for any construction or repairs, and each such claim shall not suffer affect and each such lien shall attach to, if at all, only the Leasehold interest granted to Tenant by this instrument. Tenant covenants and agrees that it will pay or permit any mechanics' or other Liens cause to be filed or to exist against the Collateral or paid all sums legally due and payable by it on account of any payments paid or payable under the Loan Documents, by reason of work, labor, services labor performed or materials supplied or claimed to have been supplied to, for or furnished in connection with any work performed on the Collateral Premises on which any lien is or to can be validly and legally asserted against its leasehold interest in the CompanyPremises or the improvements thereon and that it will save and hold Landlord harmless from any and all loss, cost or expense including attorney's fees and costs, based on or arising out of asserted claims or liens against the Director leasehold estate or anyone holding against the Collateral or any part thereof through right, title and interest of the Landlord in the Premises or under the Companyterms of this Lease. Tenant will not permit any mechanic's lien or liens or any other liens which may be imposed by law affecting Landlord's or its mortgagees' interest in the Premises or any building or other improvement of which the Premises are a part to be placed upon the Premises or any building or improvement thereon during the term hereof, and in case of the filing of any such lien Tenant will promptly pay same. If any such Lien lien shall at any time be filed, the Company shall, within thirty remain in force and effect for twenty (3020) days after written notice thereof from Landlord to Tenant and Tenant has not provided such assurances to Landlord, (including but not limited to, waivers of lien, surety company performance bonds and personal guaranties of companies or individuals of substance) as Landlord shall reasonably require to protect Landlord against any loss from any such lien, Landlord shall have the filing right and privilege at Landlord's option of paying and discharging the same or any portion thereof but subject without inquiry as to the right validity thereof and any amounts so paid, including expenses and interest, shall be so much additional indebtedness hereunder due from Tenant to contest as herein set forth, cause the same Landlord and shall be repaid to be discharged of record by payment, deposit, bond, order Landlord immediately on rendition of a court of competent jurisdiction or otherwise▇▇▇▇ therefor. Notwithstanding the foregoing, the Company Tenant shall have the right, at the Company's expense and after written notice to the Director, by appropriate proceeding timely instituted and diligently prosecuted, right to contest any such lien in good faith the validity or the amount of and with all due diligence so long as any such Lien. Ifcontest or action taken in connection therewith, however, protects the Director shall notify the Company that, interest of Landlord and Landlord's mortgagee in the opinion of Independent CounselPremises and Landlord and any such mortgagee are, by nonpayment the expiration of said twenty (20) day period, furnished such protection, and indemnification against any loss, cost or expense related to any such items lien and the lien, pledge or security interest created by this Security Agreement contest thereof as are subjectively satisfactory to Landlord and any part of the Collateral will be materially affected or the Collateral or any part thereof will be subject to imminent loss or forfeiture, the Company shall promptly cause such Lien to be discharged of record, as herein provided. Should the Company fail to cause such Lien to be discharged or to contest the validity or amount thereof, within the period aforesaid, then, the Director may, but shall be under no obligation to, discharge the same either by paying the claim or by procuring the discharge of such Lien by making a deposit or obtaining a bond, which advances if any shall be paid by the Company to the Director on demand, together with interest thereon at the Interest Rate for Advances from the date thereof, in addition to all other payments to be made by the Company pursuant to the Loan Documents and shall be subject to and secured by this Security Agreement as additional indebtedness in accordance with the provisions of Section 2.8 hereofmortgagee.

Appears in 1 contract

Sources: Lease Agreement (Dt Industries Inc)

Mechanics' and Other Liens. Except for Permitted Encumbrances(a) Tenant covenants that it shall not (and has no authority to) create or allow any encumbrance against the Premises, the Company Property, the Building or any part of any of them or Landlord's interest therein. (b) Tenant covenants that it shall not suffer or permit any mechanics' or other Liens to be filed created, or to exist against the Collateral remain, any lien or claim thereof (arising out of any payments paid work done or payable under the Loan Documentsservices, by reason of workmaterial, labor, services equipment or materials supplied or claimed to have been supplied to, supplies furnished for or in connection with at the Collateral request of Tenant or by or for any contractor or subcontractor of Tenant, but not to the Companyextent resulting from the acts or omissions of Landlord or Landlord's agents or employees) which is or may become a lien upon the Premises, the Director or anyone holding Property, the Collateral Building or any part thereof through of any of them or under the Company. income therefrom or any fixture, equipment or similar property therein. (c) If any such Lien lien or claim shall at any time be filed, the Company shallTenant, within thirty (30) days after notice of the filing thereof but subject to the right to contest as herein set forththereof, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction bond or otherwise. Notwithstanding the foregoing, the Company If Tenant shall have the right, at the Company's expense and after written notice to the Director, by appropriate proceeding timely instituted and diligently prosecuted, to contest in good faith the validity or the amount of any such Lien. If, however, the Director shall notify the Company that, in the opinion of Independent Counsel, by nonpayment of any such items the lien, pledge or security interest created by this Security Agreement as to any part of the Collateral will be materially affected or the Collateral or any part thereof will be subject to imminent loss or forfeiture, the Company shall promptly cause such Lien to be discharged of record, as herein provided. Should the Company fail to cause such Lien lien or claim to be discharged or to contest the validity or amount thereof, and removed from record within the period aforesaidthat period, then, without obligation to investigate the Director validity thereof and in addition to any other right or remedy Landlord may have, Landlord may, but shall not be under no obligation obligated to, discharge contest the same either by paying the lien or claim or discharge it by procuring payment, deposit, bond or otherwise; and Landlord shall be entitled, if Landlord so decides, to compel the discharge prosecution of an action for the foreclosure of such Lien lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest and costs. Any amounts so paid by Landlord and all costs and expenses, including attorneys' fees, incurred by Landlord in connection therewith, together with interest at the Lease Interest Rate from the respective dates of Landlord's making a deposit of the payment or obtaining a bond, which advances if any incurring of the cost or expense shall constitute additional rent payable by Tenant under this Lease and shall be paid by the Company Tenant to Landlord within thirty (30) days after specifically detailed demand therefor. (d) Notwithstanding anything to the Director on demandcontrary in this Lease or in any other writing signed by Landlord, together with interest thereon at the Interest Rate for Advances from the date thereofneither this Lease nor any other writing signed by Landlord shall be construed as evidencing, in addition to all other payments indicating, or causing an appearance that any erection, construction, alteration or repair to be made done, or caused to be done, by Tenant is or was in fact for the Company pursuant immediate use and benefit of Landlord. Further, notwithstanding anything contained herein to the Loan Documents and contrary, nothing contained in or contemplated by this Lease shall be subject deemed or construed in any way to constitute the consent or request on the part of Landlord for the performance of any work or services or the furnishing of any materials for which any lien could be filed against the Premises or the Building or the Property or any part of any of them, nor as giving Tenant any right, power, or authority to contract for or permit the performance of any work or services or the furnishing of any materials for which any lien could be filed against the Premises, the Building, the Property or any part of any of them. (e) Promptly after the completion of any work or the delivery of any material to the Premises by any contractor, subcontractor or materialman engaged by Tenant, Tenant shall deliver to the Landlord partial and/or final releases of liens (whichever shall be applicable) from each such contractor, subcontractor or materialman for work that has been performed and secured paid for to date and, upon completion of any project, an affidavit from its contractor that it and all subcontractors and materialmen hired by this Security Agreement as additional indebtedness in accordance it have been paid for all work done with respect to the project. With respect to any project that is bonded, prior to the commencement of any work Tenant shall also provide Landlord with a copy of a Waiver of Liens from its contractor which has been filed with the provisions Prothonotary of Section 2.8 hereof▇▇▇▇▇▇▇ County, Pennsylvania.

Appears in 1 contract

Sources: Sublease Agreement (Aclaris Therapeutics, Inc.)

Mechanics' and Other Liens. Except for Permitted Encumbrances, the Company The Lessee shall not suffer or permit any mechanics' or other Liens liens to be filed or to exist (i) against the Collateral Project, nor (ii) against any account or any payments paid fund in which Rental Payments, Additional Payments or payable under proceeds of the Loan DocumentsProject Debt are deposited, by reason of work, labor, services or materials supplied or claimed to have been supplied to, for for, or in connection with the Collateral Project or to the Company, the Director Lessee or anyone holding the Collateral Project or any part thereof through or under the Company. If Lessee, or otherwise; provided, however, that if any such Lien liens shall at any time be filed, the Company Lessee shall, within thirty (30) ninety days after notice of the filing thereof but subject to the right to contest as herein hereinafter set forth, cause the same to be discharged of record by payment, deposit, bondbonding, order of a court of competent jurisdiction or otherwise. Notwithstanding the foregoing, the Company The Lessee shall have the right, but at the Company's expense its own cost and after written notice to the Director, by appropriate proceeding timely instituted and diligently prosecutedexpense, to contest in good faith the validity or the amount of any such Lien. Iflien by appropriate proceedings timely instituted, however, unless the Director Lessor shall notify the Company Lessee that, in the reasonable opinion of Independent Counselthe Lessor, by nonpayment of any such items the lien, pledge or security interest created by this Security Agreement as to any part of the Collateral will be materially affected Project or the Collateral moneys in such an account or any part thereof fund will be subject to imminent loss or forfeiture, in which event the Company Lessee shall promptly cause such Lien lien to be discharged as aforesaid or, in the case of recorda mechanics' or other lien filed against the Project, provisions reasonably satisfactory to the Lessor and the Lenders for payment by deposit or bonding shall be made promptly by the Lessee. Lessor will cooperate fully with the Lessee, but at the Lessee's expense, in any such contest (except as herein providedany such lien is asserted by the Lessor in which event the Lessee shall have the right to contest such lien as if it were the owner of the Project). Should If the Company Lessee shall fail to cause such Lien lien to be discharged discharged, or to contest the validity or amount thereof, within the period aforesaid, then, in addition to any other right or remedy of the Director Lessor, the Lessor may, but shall not be under no obligation obligated to, discharge the same either by paying the claim deposit or by procuring the discharge of such Lien by making a deposit or obtaining a bond, which advances if any shall be paid by the Company bonding following written notice to the Director on demand, together with interest thereon at the Interest Rate for Advances from the date thereof, in addition Lessee of Lessor's intention to all other payments to be made by the Company pursuant to the Loan Documents and shall be subject to and secured by this Security Agreement as additional indebtedness in accordance with the provisions of Section 2.8 hereoftake such action.

Appears in 1 contract

Sources: Lease (Brush Wellman Inc)

Mechanics' and Other Liens. Except for Permitted EncumbrancesTenant shall have no authority, express or implied to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the Company interest of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with Tenant, including those who may furnish materials or perform labor for any construction or repairs, and each such claim shall not suffer affect and each such lien shall attach to, if at all, only the leasehold interest granted to Tenant by this instrument. Tenant covenants and agrees that it will pay or permit any mechanics' or other Liens cause to be filed or to exist against the Collateral or paid all sums legally due and payable by it on account of any payments paid or payable under the Loan Documents, by reason of work, labor, services labor performed or materials supplied or claimed to have been supplied to, for or furnished in connection with any work performed on the Collateral Premises on which any lien is or to can be validly and legally asserted against its leasehold interest in the CompanyPremises or the improvements thereon and that it will save and hold Landlord harmless from any and all loss, cost or expense based on or arising out of asserted claims or liens against the Director leasehold estate or anyone holding against the Collateral or any part thereof through right, title and interest of Landlord in the Premises or under the Companyterms of this Lease. Tenant will not permit any mechanic’s lien or liens or any other liens which may be imposed by law affecting Landlord’s or its mortgagees’ interest in the Building to be placed upon the Building, and in case of the filing of any such lien Tenant will promptly pay same. If any such Lien lien shall at any time be filed, the Company shall, within thirty remain in force and effect for twenty (3020) days after written notice thereof, Landlord shall have the right and privilege at Landlord’s option of paying and discharging the filing same or any portion thereof but subject without inquiry as to the right validity thereof, and any amounts so paid, including reasonable expenses and interest, shall be so much additional indebtedness hereunder due from Tenant to contest as herein set forth, cause the same Landlord and shall be repaid to be discharged of record by payment, deposit, bond, order Landlord immediately on rendition of a court of competent jurisdiction or otherwise▇▇▇▇ therefore. Notwithstanding the foregoing, the Company Tenant shall have the right, at the Company's expense and after written notice to the Director, by appropriate proceeding timely instituted and diligently prosecuted, right to contest any such lien in good faith the validity or the amount of and with all due diligence so long as any such Liencontest, or action taken in connection therewith, protects the interest of Landlord and Landlord’s mortgagee in the Premises and Landlord and any such mortgagee are, by the expiration of said twenty (20) day period, furnished such protection and indemnification against any loss, cost or expense related to any such Lien and the contest thereof as are satisfactory to Landlord and any such mortgagee. If, however, the Director Tenant shall notify the Company that, in the opinion of Independent Counsel, by nonpayment of any such items the lien, pledge or security interest created by this Security Agreement as to any part all potential lienors with which it deals of the Collateral will be materially affected or the Collateral or any part thereof will be subject to imminent loss or forfeiture, the Company shall promptly cause such Lien to be discharged contents of record, as herein provided. Should the Company fail to cause such Lien to be discharged or to contest the validity or amount thereof, within the period aforesaid, then, the Director may, but shall be under no obligation to, discharge the same either by paying the claim or by procuring the discharge of such Lien by making a deposit or obtaining a bond, which advances if any shall be paid by the Company to the Director on demand, together with interest thereon at the Interest Rate for Advances from the date thereof, in addition to all other payments to be made by the Company pursuant to the Loan Documents and shall be subject to and secured by this Security Agreement as additional indebtedness in accordance with the provisions of Section 2.8 hereof26.01.

Appears in 1 contract

Sources: Sublease Agreement (Biopower Operations Corp)

Mechanics' and Other Liens. Except for Permitted EncumbrancesTenant shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the Company interest of Landlord in the premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with Tenant, including those who may furnish materials or perform labor for any construction or repairs, and each such claim shall not suffer affect and each such lien shall attach to, if at all, only the leasehold interest granted to Tenant by this instrument. Tenant covenants and agrees that it will pay or permit any mechanics' or other Liens case to be filed or to exist against the Collateral or paid all sums legally due and payable by it on account of any payments paid or payable under the Loan Documents, by reason of work, labor, services labor performed or materials supplied or claimed to have been supplied to, for or furnished in connection with any work performed on the Collateral premises on which any lien is or to can be validly and legally asserted against its leasehold interest in the Companypremises or the improvements thereon and that it will save and hold Landlord harmless from any and all loss, cost or expense based on or arising out of asserted claims o liens against the Director leasehold estate or anyone holding against the Collateral or any part thereof through right, title and interest of the Landlord in the premises or under the Companyterms of this lease. Tenant will not permit any mechanic's lien or liens or any other liens which may be imposed by law affecting Landlord's or its mortgagee's interest in the premises or any building or other improvement of which the premises are a part to be placed upon the premises or any building or improvement thereon during the term hereof, and in case of the filing of any such lien Tenant will promptly pay same. If any such Lien lien shall at any time be filed, the Company shall, within thirty remain in force and effect for twenty (3020) days after written notice thereof from Landlord to Tenant, Landlord shall have the right and privilege at Landlord's option of paying and discharging the filing same or any portion thereof but subject without inquiry as to the right validity thereof, and any amounts so paid, including expenses and interest, shall be so much additional indebtedness hereunder due from Tenant to contest as herein set forth, cause the same Landlord and shall be repaid to be discharged of record by payment, deposit, bond, order Landlord immediately on rendition of a court of competent jurisdiction or otherwise▇▇▇▇ therefor. Notwithstanding the foregoing, the Company Tenant shall have the right, at the Company's expense and after written notice to the Director, by appropriate proceeding timely instituted and diligently prosecuted, right to contest any such lien in good faith the validity or the amount of and with all due diligence so long as any such Lien. Ifcontest, howeveror action taken in connection therewith, protects the Director shall notify the Company that, interest of Landlord and Landlord's mortgagee in the opinion of Independent Counselpremises and Landlord and any such mortgagee are, by nonpayment the expiration of said twenty (20) day period, furnished such protection, and indemnification against any loss, cost or expense related to any such items lien and the lien, pledge or security interest created by this Security Agreement contest thereof as are satisfactory to Landlord and any part of the Collateral will be materially affected or the Collateral or any part thereof will be subject to imminent loss or forfeiture, the Company shall promptly cause such Lien to be discharged of record, as herein provided. Should the Company fail to cause such Lien to be discharged or to contest the validity or amount thereof, within the period aforesaid, then, the Director may, but shall be under no obligation to, discharge the same either by paying the claim or by procuring the discharge of such Lien by making a deposit or obtaining a bond, which advances if any shall be paid by the Company to the Director on demand, together with interest thereon at the Interest Rate for Advances from the date thereof, in addition to all other payments to be made by the Company pursuant to the Loan Documents and shall be subject to and secured by this Security Agreement as additional indebtedness in accordance with the provisions of Section 2.8 hereofmortgagee.

Appears in 1 contract

Sources: Lease Agreement (Factory Card Outlet Corp)

Mechanics' and Other Liens. Except for Permitted Encumbrances16.1. Tenant covenants that it shall not (and has no authority to) create or allow any encumbrance against the Premises, the Company Property or the Buildings, or any part of any thereof or Landlord's interest therein. 16.2. Tenant covenants that it shall not suffer or permit any mechanics' or other Liens to be filed created, or to exist against the Collateral remain, any lien or claim thereof (arising out of any payments paid work done or payable under the Loan Documentsservices, by reason of workmaterial, labor, services equipment or materials supplied or claimed to have been supplied to, supplies furnished for or in connection with at the Collateral request of Tenant or to by or for any contractor or subcontractor of Tenant) which is or may become a lien upon the CompanyPremises, the Director Property or anyone holding the Collateral Buildings, or any part of any thereof through or under the Companyincome therefrom or any fixture, equipment or similar property therein. 16.3. If any such Lien lien or claim shall at any time be filed, the Company shall, Tenant shall within thirty (30) 15 days after Tenant receives notice of the filing thereof but subject to the right to contest as herein set forththereof, cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction bond or otherwise. Notwithstanding the foregoing, the Company If Tenant shall have the right, at the Company's expense and after written notice to the Director, by appropriate proceeding timely instituted and diligently prosecuted, to contest in good faith the validity or the amount of any such Lien. If, however, the Director shall notify the Company that, in the opinion of Independent Counsel, by nonpayment of any such items the lien, pledge or security interest created by this Security Agreement as to any part of the Collateral will be materially affected or the Collateral or any part thereof will be subject to imminent loss or forfeiture, the Company shall promptly cause such Lien to be discharged of record, as herein provided. Should the Company fail to cause such Lien lien or claim to be discharged and removed from record (by bonding or to contest the validity or amount thereof, otherwise) within the period aforesaidthat period, then, without obligation to investigate the Director validity thereof and in addition to any other right or remedy Landlord may have, Landlord may, but shall not be under no obligation obligated to, discharge contest the same either by paying the lien or claim or discharge it by procuring the discharge of such Lien by making a deposit or obtaining posting a bond, which advances if any that method is reasonably practicable, or, if posting a bond is not reasonably practicable, by payment, deposit or otherwise. Any amounts so paid by Landlord and all reasonable costs and reasonable expenses, including reasonable attorneys' fees, incurred by Landlord in connection therewith, together with interest at the Lease Interest Rate from the respective dates of Landlord's making of the payment or incurring of the cost or expense, shall constitute Additional Rent payable by Tenant under this Lease and shall be paid by the Company Tenant to Landlord promptly on demand. 16.4. Notwithstanding anything contained herein to the Director contrary, nothing contained in or contemplated by this Lease shall be deemed or construed in any way to constitute the consent or request on demand, together with interest thereon at the Interest Rate part of Landlord for Advances from the date performance of any work or services or the furnishing of any materials for which any lien could be filed against the Premises or the Buildings or the Property or any part of any thereof, nor as giving Tenant any right, power, or authority (beyond those set forth in addition this Lease) to all other payments to contract for or permit the performance of any work or services or the furnishing of any materials for which any lien could be made by filed against the Company pursuant to Premises, the Loan Documents and shall be subject to and secured by this Security Agreement as additional indebtedness in accordance with Buildings, or the provisions Property or any part of Section 2.8 hereofany thereof.

Appears in 1 contract

Sources: Lease Agreement (American Management Systems Inc)

Mechanics' and Other Liens. Except for Permitted Encumbrances25.1 Tenant covenants that it shall not (and has no authority to) create or allow any encumbrance against the Premises, the Company Property, or any part of any thereof or of Landlord’s interest therein. 25.2 Tenant covenants that it shall not suffer or permit any mechanics' or other Liens to be filed created, or to exist against the Collateral remain, any lien or claim thereof (arising out of any payments paid work done or payable under the Loan Documentsservices, by reason of workmaterial, labor, services equipment or materials supplied or claimed to have been supplied to, supplies furnished for or in connection with at the Collateral request of Tenant or to by or for any contractor or subcontractor of Tenant, other than such furnished by Landlord) which is or may become a lien upon the CompanyPremises, the Director or anyone holding the Collateral Property, or any part of any thereof through or under the Company. income therefrom or any fixture, equipment or similar property therein. 25.3 If any such Lien lien or claim shall at any time be filed, the Company shall, Tenant shall within thirty ten (3010) days after notice of the filing thereof but subject to the right to contest as herein set forththereof, cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction bond or otherwise. Notwithstanding the foregoing, the Company If Tenant shall have the right, at the Company's expense and after written notice to the Director, by appropriate proceeding timely instituted and diligently prosecuted, to contest in good faith the validity or the amount of any such Lien. If, however, the Director shall notify the Company that, in the opinion of Independent Counsel, by nonpayment of any such items the lien, pledge or security interest created by this Security Agreement as to any part of the Collateral will be materially affected or the Collateral or any part thereof will be subject to imminent loss or forfeiture, the Company shall promptly cause such Lien to be discharged of record, as herein provided. Should the Company fail to cause such Lien lien or claim to be discharged or to contest the validity or amount thereof, and removed from record within the period aforesaidthat period, then, without obligation to investigate the Director validity thereof and in addition to any other right or remedy Landlord may have, Landlord may, but shall not be under no obligation obligated to, discharge contest the same either by paying the lien or claim or discharge it by procuring payment, deposit, bond or otherwise; and Landlord shall be entitled, if Landlord so decides, to compel the discharge prosecution of an action for the foreclosure of such Lien lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest and costs. Any amounts so paid by Landlord and all costs and expenses, including attorneys’ fees, incurred by Landlord in connection therewith, together with interest at the Lease Interest Rate from the respective dates of Landlord’s making a deposit of the payment or obtaining a bondincurring of the cost or expense, which advances if any shall constitute Additional Rent payable by Tenant under this Lease and shall be paid by the Company Tenant to Landlord promptly on demand. 25.4 Notwithstanding anything to the Director contrary in this Lease or in any other writing signed by Landlord, neither this Lease nor any other writing signed by Landlord shall be construed as evidencing, indicating, or causing an appearance that any erection, construction, alteration or repair to be done, or caused to be done, by Tenant is or was in fact for the immediate use and benefit of Landlord. Further, notwithstanding anything contained herein to the contrary, nothing contained in or contemplated by this Lease shall be deemed or construed in any way to constitute the consent or request on demand, together with interest thereon at the Interest Rate part of Landlord for Advances from the date performance of any work or services or the furnishing of any materials for which any lien could be filed against the Premises or the Property or any part of any thereof, in addition nor as giving Tenant any right, power, or authority to all other payments to contract for or permit the performance of any work or services or the furnishing of any materials for which any lien could be made by filed against the Company pursuant to Premises, the Loan Documents and shall be subject to and secured by this Security Agreement as additional indebtedness in accordance with the provisions Property or any part of Section 2.8 hereofany thereof.

Appears in 1 contract

Sources: Office Lease (Active Network Inc)

Mechanics' and Other Liens. Except for Permitted EncumbrancesTenant shall have no authority, express --------------------------- or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the Company interest of Landlord in the Leased Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with Tenant, including those who may furnish materials or perform labor for any construction or repairs, and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to Tenant by this Lease. Tenant covenants and agrees that it will pay or cause to be paid all sums legally due and payable by it on account of any labor performed on the Leased Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Leased Premises, the Property or the improvements thereon and that it will and does hereby save and hold Landlord harmless from any and all loss, liability, cost or expense based on or arising out of asserted claims or liens against the leasehold estate or against the right, title and interest of the Landlord in the Leased Premises, the Property or the Building under the terms of this Lease. Tenant will not suffer or permit any mechanicsmechanic's lien or liens or any other liens which may be imposed by law affecting Landlord's or its mortgagees' interest in the Leased Premises, the Property or other Liens the Building to be filed placed upon the Leased Premises, the Property or to exist against the Collateral or Building arising out of any payments paid or payable under the Loan Documents, by reason of work, labor, services or materials supplied acting or claimed to have been supplied toaction by Tenant, for or and in connection with case of the Collateral or to the Companyfiling of any such lien, the Director or anyone holding the Collateral or any part thereof through or under the CompanyTenant will promptly pay same. If any such Lien lien shall at any time be filed, the Company shall, within thirty remain in force and effect for twenty (3020) days after written notice thereof from Landlord to Tenant, Landlord shall have the right and privilege of paying and discharging the filing same or any portion thereof but subject without inquiry as to the right validity thereof, and any amounts so paid, including attorneys fees, court costs and other expenses and interest, shall be so much additional rent hereunder due from Tenant to contest as herein set forth, cause the same Landlord and shall be paid to be discharged Landlord immediately on rendition of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise▇▇▇▇ therefor. Notwithstanding the foregoing, the Company Tenant shall have the right, at the Company's expense and after written notice to the Director, by appropriate proceeding timely instituted and diligently prosecuted, right to contest any such lien in good faith the validity or the amount of and with all due diligence so long as any such Lien. Ifcontest, howeveror action taken in connection therewith, protects the interest of Landlord and Landlord's mortgagee(s) in the Leased Premises, the Director shall notify Property and the Company thatimprovements thereon, in the opinion of Independent Counseland Landlord and any such mortgagee(s) are, by nonpayment the expiration of said twenty (20) day period, furnished such protection, and indemnification against any loss, liability, cost or expense related to any such items lien and the lien, pledge or security interest created by this Security Agreement contest thereof as are satisfactory to Landlord and any part of the Collateral will be materially affected or the Collateral or any part thereof will be subject to imminent loss or forfeiture, the Company shall promptly cause such Lien to be discharged of record, as herein provided. Should the Company fail to cause such Lien to be discharged or to contest the validity or amount thereof, within the period aforesaid, then, the Director may, but shall be under no obligation to, discharge the same either by paying the claim or by procuring the discharge of such Lien by making a deposit or obtaining a bond, which advances if any shall be paid by the Company to the Director on demand, together with interest thereon at the Interest Rate for Advances from the date thereof, in addition to all other payments to be made by the Company pursuant to the Loan Documents and shall be subject to and secured by this Security Agreement as additional indebtedness in accordance with the provisions of Section 2.8 hereofmortgagee(s).

Appears in 1 contract

Sources: Lease Agreement (Britesmile Inc)

Mechanics' and Other Liens. Except for Permitted Encumbrances6.3.1. The ▇▇▇▇▇ Mountain Lake Water Facility shall make, or cause to be made, prompt payment of all monies due and legally owing to all persons, firms, and corporations doing any work, furnishing any materials or supplies or renting any equipment to the Company ▇▇▇▇▇ Mountain Lake Water Facility or any of its contractors or subcontractors in connection with any construction, reconstruction, furnishing, repair, maintenance or operation of the Development, and shall not suffer or permit use its best efforts throughout the Term to prevent any mechanics' ’, materialmen’s or other Liens to be filed or to exist against the Collateral or any payments paid or payable under the Loan Documents, by reason of liens for work, labor, services or materials supplied from being filed or claimed recorded against the Real Estate or any portion thereof. In the event that any lien is filed against the Real Estate, whether due to the actions of the ▇▇▇▇▇ Mountain Lake Water Facility or any person other than the BRWA, then, within fifteen (15) days thereafter, the ▇▇▇▇▇ Mountain Lake Water Facility, at its sole expense, shall procure the release or discharge of such lien or shall cause such lien to be bonded with surety companies reasonably satisfactory to the BRWA. 6.3.2. The ▇▇▇▇▇ Mountain Lake Water Facility, at its sole expense, shall have been supplied tothe right to contest any lien or encumbrance by appropriate proceedings, provided, however, that such proceedings shall prevent the collection of or other realization upon such lien or encumbrance so contested, and shall prevent the sale, forfeiture or loss of the Development or the Real Estate to satisfy the same during the pendency of such proceedings, and further provided that such contest shall not subject the BRWA to the risk of any criminal liability or civil penalty. The ▇▇▇▇▇ Mountain Lake Water Facility shall give such reasonable security as may be requested by the BRWA to ensure payment of such lien or encumbrance and to prevent any sale or forfeiture of the Real Estate by reason of such nonpayment, provided, however, that the amount of such security shall not exceed one hundred and fifty percent (150%) of the amount of the contested lien or encumbrance. Upon the termination after final appeal of any proceeding relating to any amount contested by the ▇▇▇▇▇ Mountain Lake Water Facility pursuant to this Section, the ▇▇▇▇▇ Mountain Lake Water Facility shall immediately pay any amount determined in such proceeding to be due. In the event the ▇▇▇▇▇ Mountain Lake Water Facility fails to make such payment, the BRWA shall have the right, but not the obligation, after five (5) days’ notice to the ▇▇▇▇▇ Mountain Lake Water Facility, to make any such payment on behalf of the ▇▇▇▇▇ Mountain Lake Water Facility and charge the ▇▇▇▇▇ Mountain Lake Water Facility therefor as Additional Rent payable in accordance with Section 4.3.3 hereof. 6.3.3. Nothing contained in this Lease shall be construed as constituting the consent or request of the BRWA, expressed or implied, to or for the performance of any labor or in connection with services or the Collateral furnishing of any materials by or on behalf of the ▇▇▇▇▇ Mountain Lake Water Facility for construction, alteration, addition, repair or demolition of or to the CompanyDevelopment or of any part thereof other than in its role as a party to the ▇▇▇▇▇ Mountain Lake Water Facility Agreement. Notice is hereby given that the BRWA will not be liable for any labor, services, or materials furnished or to be furnished to the Director ▇▇▇▇▇ Mountain Lake Water Facility, or to anyone holding the Collateral Development or any part thereof through or under the Company. If ▇▇▇▇▇ Mountain Lake Water Facility, and that no mechanics’ or other liens for any such Lien labor, services or materials shall at any time be filed, attach to or affect the Company shall, within thirty (30) days after notice interest of the filing thereof but subject BRWA in and to the right to contest as herein set forth, cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. Notwithstanding the foregoing, the Company shall have the right, at the Company's expense and after written notice to the Director, by appropriate proceeding timely instituted and diligently prosecuted, to contest in good faith the validity or the amount of any such Lien. If, however, the Director shall notify the Company that, in the opinion of Independent Counsel, by nonpayment of any such items the lien, pledge or security interest created by this Security Agreement as to any part of the Collateral will be materially affected or the Collateral or any part thereof will be subject to imminent loss or forfeiture, the Company shall promptly cause such Lien to be discharged of record, as herein provided. Should the Company fail to cause such Lien to be discharged or to contest the validity or amount thereof, within the period aforesaid, then, the Director may, but shall be under no obligation to, discharge the same either by paying the claim or by procuring the discharge of such Lien by making a deposit or obtaining a bond, which advances if any shall be paid by the Company to the Director on demand, together with interest thereon at the Interest Rate for Advances from the date thereof, in addition to all other payments to be made by the Company pursuant to the Loan Documents and shall be subject to and secured by this Security Agreement as additional indebtedness in accordance with the provisions of Section 2.8 hereofReal Estate.

Appears in 1 contract

Sources: Ground Lease

Mechanics' and Other Liens. Except for Permitted EncumbrancesTenant shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the Company interest of Landlord in the Leased Premises or to change the rentals payable hereunder for any claim in favor of any person dealing with Tenant, including those who may furnish materials or perform labor for any construction or repairs, and each such claim shall not suffer affect and each such lien shall attach to, if at all, only the leasehold interest granted to Tenant by this Lease. Tenant covenants and agrees that it will pay or permit any mechanics' or other Liens cause to be filed or to exist against the Collateral or paid all sums legally due and payable by it on account of any payments paid or payable under the Loan Documents, by reason of work, labor, services labor performed or materials supplied or claimed to have been supplied to, for or furnished in connection with any work performed on the Collateral Leased Premises on which any lien is or to can be validly and legally asserted against its leasehold interest in the CompanyLeased Premises and that it will save and hold Landlord harmless from any and all loss, liability, cost or expense, including reasonable attorneys' fees, based on or arising out of asserted claims or liens against the Director Tenant's leasehold estate or anyone holding against the Collateral right, title and interest of the Landlord in the Leased Premises or any part thereof through or under the CompanyBuilding. If any such Lien lien shall at any time be filed, the Company shall, within thirty remain in force and effect for twenty (3020) days after notice the filing, or Landlord's receipt, of the filing thereof but subject to mechanic's lien statement or notice, Landlord shall have the right to contest as herein set forth, cause pay and discharge the same or any portion thereof without inquiry as to the validity thereof, and any amounts so paid, including expenses and interest, shall be discharged of record payable by payment, deposit, bond, order of a court of competent jurisdiction or otherwiseTenant to Landlord as additional rent hereunder upon demand. Notwithstanding the foregoing, the Company Tenant shall have the right, at the Company's expense and after written notice to the Director, by appropriate proceeding timely instituted and diligently prosecuted, right to contest any such lien in good faith the validity or the amount of and with all due diligence so long as any such Lien. Ifcontest, howeveror action taken in connection therewith, adequately protects the Director shall notify the Company that, interest of Landlord and Landlord's mortgagee in the opinion of Independent CounselLeased Premises, and Landlord and any such mortgagee are, by nonpayment the expiration of said twenty (20) day period, furnished such security against any loss, liability, cost or expense related to any such items lien and the lien, pledge or security interest created by this Security Agreement contest thereof as are satisfactory to Landlord and any part of the Collateral will be materially affected or the Collateral or any part thereof will be subject to imminent loss or forfeiture, the Company shall promptly cause such Lien to be discharged of record, as herein provided. Should the Company fail to cause such Lien to be discharged or to contest the validity or amount thereof, within the period aforesaid, then, the Director may, but shall be under no obligation to, discharge the same either by paying the claim or by procuring the discharge of such Lien by making a deposit or obtaining a bond, which advances if any shall be paid by the Company to the Director on demand, together with interest thereon at the Interest Rate for Advances from the date thereof, in addition to all other payments to be made by the Company pursuant to the Loan Documents and shall be subject to and secured by this Security Agreement as additional indebtedness in accordance with the provisions of Section 2.8 hereofmortgagee.

Appears in 1 contract

Sources: Lease Agreement (United Community Bancshares Inc)

Mechanics' and Other Liens. Except for Permitted EncumbrancesTenant shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the Company interest of Landlord in the premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with Tenant, including those who may furnish materials or perform labor for any construction or repairs, and each such claim shall not suffer affect and each such lien shall attach to, if at all, only the leasehold interest granted to Tenant by this instrument. Tenant covenants and agrees that it will pay or permit any mechanics' or other Liens cause to be filed or to exist against the Collateral or paid all sums legally due and payable by it on account of any payments paid or payable under the Loan Documents, by reason of work, labor, services labor performed or materials supplied or claimed to have been supplied to, for or furnished in connection with any work performed on the Collateral premises on which any lien is or to can be validly and legally asserted against its leasehold Interest in the Companypremises or the improvements thereon and that it will save and hold Landlord harmless from any and all loss, cost or expense based on or arising out of asserted claims or liens against the Director leasehold estate or anyone holding against the Collateral or any part thereof through right, title and interest of the Landlord in the premises or under the Companyforms of this lease. Tenant will not permit any mechanic's lien or liens or any other liens which may be imposed by law affecting Landlord's or its mortgagees' interest in the premises or any building or other improvement of which the promises are a part to be placed upon the premises or any building or improvement thereon during the term hereof, and in case of the filing of any such lien Tenant will promptly pay same. If any such Lien lien shall at any time be filed, the Company shall, within thirty remain in force and effect for twenty (3020) days after written notice thereof from Landlord to Tenant. Landlord shall have the right and privilege at Landlord's option of paying and discharging the filing same or any portion thereof but subject without inquiry as to the right validity thereof. and any amounts so paid, including expenses and interest, shall be so much additional indebtedness hereunder due from Tenant to contest as herein set forth, cause the same Landlord and shall be repaid to be discharged of record by payment, deposit, bond, order Landlord immediately on rendition of a court of competent jurisdiction or otherwisebill ▇▇▇refor. Notwithstanding the foregoing, the Company Tenant shall have the right, at the Company's expense and after written notice to the Director, by appropriate proceeding timely instituted and diligently prosecuted, to contest any such lien in good faith the validity or the amount of and with all due diligence so long as any such Lien. Ifcontest, howeveror action taken in connection therewith, protects the Director shall notify the Company that, interest of Landlord and Landlord's mortgagee in the opinion of Independent Counselpremises and Landlord and any such mortgagee are, by nonpayment the expiration of said twenty (20) day period, furnished such protection, and indemnification against any loss, cost or expense related to any such items lien and the lien, pledge or security interest created by this Security Agreement contest thereof as are satisfactory to Landlord and any part of the Collateral will be materially affected or the Collateral or any part thereof will be subject to imminent loss or forfeiture, the Company shall promptly cause such Lien to be discharged of record, as herein provided. Should the Company fail to cause such Lien to be discharged or to contest the validity or amount thereof, within the period aforesaid, then, the Director may, but shall be under no obligation to, discharge the same either by paying the claim or by procuring the discharge of such Lien by making a deposit or obtaining a bond, which advances if any shall be paid by the Company to the Director on demand, together with interest thereon at the Interest Rate for Advances from the date thereof, in addition to all other payments to be made by the Company pursuant to the Loan Documents and shall be subject to and secured by this Security Agreement as additional indebtedness in accordance with the provisions of Section 2.8 hereofmortgagee.

Appears in 1 contract

Sources: Lease Agreement (Ameriquest Technologies Inc)

Mechanics' and Other Liens. Except for Permitted EncumbrancesTenant shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the Company interest of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with Tenant, including those who may furnish materials or perform labor for any construction or repairs, and each such claim shall not suffer affect and each such lien shall attach to, if at all, only the leasehold interest granted to Tenant by this Lease. Tenant covenants and agrees that it will pay or permit any mechanics' or other Liens cause to be filed or to exist against the Collateral or paid all sums legally due and payable by it on account of any payments paid or payable under the Loan Documents, by reason of work, labor, services labor performed or materials supplied or claimed to have been supplied to, for or furnished in connection with any work performed on the Collateral Premises on which any lien is or to can be validly and legally asserted against its leasehold interest in the CompanyPremises or the improvements thereon and that it will save and hold Landlord harmless from any and all loss, liability, cost or expense based on or arising out of asserted claims or liens against the Director leasehold estate or anyone holding against the Collateral or any part thereof through right, title and interest of the Landlord in the Premises or under the Companyterms of this Lease. Tenant will not permit any mechanic’s lien or liens or any other liens which may be imposed by law affecting Landlord’s or its Mortgagees’ interest in the Premises or the Building to be placed upon the Premises or the Building arising out of any action or claimed action by Tenant, and in case of the filing of any such lien Tenant will promptly pay same. If any such Lien lien shall at any time be filed, the Company shall, within thirty remain in force and effect for twenty (3020) days after written notice thereof from Landlord to Tenant, Landlord shall have the right and privilege of paying and discharging the filing same or any portion thereof but subject without inquiry as to the right validity thereof, and any amounts so paid, including expenses and interest, shall be so much additional rent hereunder due from Tenant to contest as herein set forth, cause the same Landlord and shall be paid to be discharged Landlord immediately on rendition of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise▇▇▇▇ therefore. Notwithstanding the foregoing, the Company Tenant shall have the right, at the Company's expense and after written notice to the Director, by appropriate proceeding timely instituted and diligently prosecuted, right to contest any such lien in good faith the validity or the amount of and with all due diligence so long as any such Lien. Ifcontest, howeveror action taken in connection therewith, protects the Director shall notify the Company that, interest of Landlord and Landlord’s Mortgagee in the opinion of Independent CounselPremises, and Landlord and any such Mortgagee are, by nonpayment the expiration of said twenty (20) day period, furnished such protection, and indemnification against any loss, liability, cost or expense related to any such items lien and the lien, pledge or security interest created by this Security Agreement contest thereof as are satisfactory to Landlord and any part of the Collateral will be materially affected or the Collateral or any part thereof will be subject to imminent loss or forfeiture, the Company shall promptly cause such Lien to be discharged of record, as herein provided. Should the Company fail to cause such Lien to be discharged or to contest the validity or amount thereof, within the period aforesaid, then, the Director may, but shall be under no obligation to, discharge the same either by paying the claim or by procuring the discharge of such Lien by making a deposit or obtaining a bond, which advances if any shall be paid by the Company to the Director on demand, together with interest thereon at the Interest Rate for Advances from the date thereof, in addition to all other payments to be made by the Company pursuant to the Loan Documents and shall be subject to and secured by this Security Agreement as additional indebtedness in accordance with the provisions of Section 2.8 hereofMortgagee.

Appears in 1 contract

Sources: Office Lease Agreement (Mountains West Exploration Inc)

Mechanics' and Other Liens. Except for Permitted Encumbrances(a) Tenant covenants that it shall not (and has no authority to) create or allow any encumbrance against the Building, the Company Property or any part of either of them or Landlord’s interest therein. (b) Tenant covenants that it shall not suffer or permit any mechanics' or other Liens to be filed created, or to exist against the Collateral remain, any lien or claim thereof (arising out of any payments paid work done or payable under the Loan Documentsservices, by reason of workmaterial, labor, services equipment or materials supplied or claimed to have been supplied to, supplies furnished for or in connection with at the Collateral request of Tenant or to by or for any contractor or subcontractor of Tenant) which is or may become a lien upon the Company, Building the Director or anyone holding the Collateral Property or any part thereof through of either of them or under the Company. income therefrom or any fixture, equipment or similar property therein. (c) If any such Lien lien or claim shall at any time be filed, the Company shallTenant, within thirty ten (3010) business days after notice Tenant obtains actual knowledge of the filing thereof but subject to the right to contest as herein set forthsuch filing, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction bond or otherwise. Notwithstanding the foregoing, the Company If Tenant shall have the right, at the Company's expense and after written notice to the Director, by appropriate proceeding timely instituted and diligently prosecuted, to contest in good faith the validity or the amount of any such Lien. If, however, the Director shall notify the Company that, in the opinion of Independent Counsel, by nonpayment of any such items the lien, pledge or security interest created by this Security Agreement as to any part of the Collateral will be materially affected or the Collateral or any part thereof will be subject to imminent loss or forfeiture, the Company shall promptly cause such Lien to be discharged of record, as herein provided. Should the Company fail to cause such Lien lien or claim to be discharged or to contest the validity or amount thereof, and removed from record within the period aforesaidthat period, then, without obligation to investigate the Director validity thereof and in addition to any other right or remedy Landlord may have, Landlord may, but shall not be under no obligation obligated to, discharge contest the same either by paying the lien or claim or discharge it by procuring payment, deposit, bond or otherwise; and Landlord shall be entitled, if Landlord so decides, to compel the discharge prosecution of an action for the foreclosure of such Lien lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest and costs. Any amounts so paid by Landlord and all costs and expenses, including attorneys’ fees, incurred by Landlord in connection therewith, together with interest at the Lease Interest Rate from the respective dates of Landlord’s making a deposit of the payment or obtaining a bondincurring of the cost or expense, which advances if any shall constitute additional rent payable by Tenant under this Lease and shall be paid by the Company Tenant to Landlord within fifteen (15) days after demand. (d) Notwithstanding anything to the Director contrary in this Lease or in any other writing signed by Landlord, neither this Lease nor any other writing signed by Landlord shall be construed as evidencing, indicating, or causing an appearance that any erection, construction, alteration or repair to be done, or caused to be done, by Tenant is or was in fact for the immediate use and benefit of Landlord. Further, notwithstanding anything contained herein to the contrary, nothing contained in or contemplated by this Lease shall be deemed or construed in any way to constitute the consent or request on demandthe part of Landlord for the performance of any work or services or the furnishing of any materials for which any lien could be filed against the Building or the Property or any part of any thereof; nor as giving Tenant any right, together with interest thereon at power, or authority to contract for or permit the Interest Rate performance of any work or services or the furnishing of any materials for Advances which any lien could be filed against the Building, the Property or any part of either thereof. (e) Prior to commencement of any work or the delivery of any material to the Building by any contractor, subcontractor or materialman engaged by Tenant, Tenant shall deliver to the Landlord a waiver of liens (herein called “Waiver of Liens”) from each such contractor in form attached hereto as Exhibit “H”, bearing a stamp from the date Prothonotary’s Office in ▇▇▇▇▇▇▇ County indicating the timely filing of the Waiver of Liens under the Mechanics Lien Law of Pennsylvania, 49 P.S.A. Section 14.02. The Waiver of Liens shall provide, among other things, that the contractor, for itself and all subcontractors, materialmen and other persons providing labor, services, material or work under Tenant, waives any and all lien rights that it or any of them may have against Landlord’s interest in the Property or any part thereof, in addition to all other payments to be made by . Tenant shall file the Company pursuant to the Loan Documents Waivers of Liens at Tenant’s sole cost and shall be subject to and secured by this Security Agreement as additional indebtedness in accordance with the provisions of Section 2.8 hereofexpense.

Appears in 1 contract

Sources: Lease Agreement (MEDecision, Inc.)

Mechanics' and Other Liens. Except for Permitted Encumbrances, the Company shall not suffer or permit any mechanics' or other Liens to be filed or to exist against the Collateral or any payments paid or payable under the Loan Documents, by reason of work, labor, services or materials supplied or claimed to have been supplied to, for or in connection with the Collateral or to the Company, the Director or anyone holding the Collateral or any part thereof through or under the CompanySECTION 16.01. If any such Lien mechanic's, laborer's or materialman's lien shall at any time be filedfiled against the Premises or the Facility or any part thereof with respect to any work done, the Company shallor caused to be done, or labor or materials furnished, or caused to be furnished, by Lessee or anyone claiming through or under Lessee, Lessee, within thirty ten (3010) days after notice of the filing thereof but subject to the right to contest as herein set forththereof, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. Notwithstanding the foregoing, the Company If Lessee shall have the right, at the Company's expense and after written notice to the Director, by appropriate proceeding timely instituted and diligently prosecuted, to contest in good faith the validity or the amount of any such Lien. If, however, the Director shall notify the Company that, in the opinion of Independent Counsel, by nonpayment of any such items the lien, pledge or security interest created by this Security Agreement as to any part of the Collateral will be materially affected or the Collateral or any part thereof will be subject to imminent loss or forfeiture, the Company shall promptly cause such Lien to be discharged of record, as herein provided. Should the Company fail to cause such Lien lien to be discharged or to contest the validity or amount thereof, within the period aforesaid, then, the Director in addition to any other right or remedy, Lessor may, but shall not be under no obligation obligated to, discharge the same either by paying the claim or bonding proceedings, if permitted by procuring the discharge of such Lien law (and if not so permitted, by making a deposit or obtaining a bond, which advances if any shall be in court). Any amount so paid by the Company to the Director on demandLessor, including all costs and expenses paid by Lessor in connection therewith, together with interest thereon at all the Interest Rate for Advances maximum legal rate from the date thereofrespective dates of Lessor's so paying and such amount, in addition to all other payments to be made cost or expense, shall constitute Additional Rent payable by the Company pursuant to the Loan Documents Lessee under this Lease and shall be subject paid by Lessee to Lessor on demand. SECTION 16.02. Nothing in this Lease contained shall be, deemed or construed in any way as constituting the consent or request of Lessor, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials for any specific improvement, alteration to or repair of the Premises, or any part thereof or any appurtenance thereto, nor as giving Lessee any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any mechanic's liens against the Facility, any part thereof, or Lessor's interest therein. Notice is hereby given that Lessor shall not be liable for any labor or materials furnished or to be furnished to Lessee upon credit, and secured by this Security Agreement as additional indebtedness that no mechanic's or other lien for any such labor or materials shall attach to or affect the reversion or estate or interest of Lessor in accordance with and to the provisions of Section 2.8 hereofPremises or the Facility.

Appears in 1 contract

Sources: Lease Agreement (Burke Flooring Products Inc)

Mechanics' and Other Liens. Except for Permitted Encumbrances(a) Tenant covenants that it shall not (and has no authority to) create or allow any encumbrance against the Premises, the Company Building, the Property or any part of any of them or Landlord’s interest therein. (b) Tenant covenants that it shall not suffer or permit any mechanics' or other Liens to be filed created, or to exist against the Collateral remain, any lien or claim thereof (arising out of any payments paid work done or payable under the Loan Documentsservices, by reason of workmaterial, labor, services equipment or materials supplied or claimed to have been supplied to, supplies furnished for or in connection with at the Collateral request of Tenant or to by or for any contractor or subcontractor of Tenant) which is or may become a lien upon the CompanyPremises, the Director or anyone holding Building, the Collateral Property or any part thereof through of any of them or under the Company. income therefrom or any fixture, equipment or similar property therein. (c) If any such Lien lien or claim shall at any time be filed, the Company shallTenant, within thirty ten (3010) business days after notice Tenant obtains actual knowledge of the filing thereof but subject to the right to contest as herein set forthsuch filing, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction bond or otherwise. Notwithstanding the foregoing, the Company If Tenant shall have the right, at the Company's expense and after written notice to the Director, by appropriate proceeding timely instituted and diligently prosecuted, to contest in good faith the validity or the amount of any such Lien. If, however, the Director shall notify the Company that, in the opinion of Independent Counsel, by nonpayment of any such items the lien, pledge or security interest created by this Security Agreement as to any part of the Collateral will be materially affected or the Collateral or any part thereof will be subject to imminent loss or forfeiture, the Company shall promptly cause such Lien to be discharged of record, as herein provided. Should the Company fail to cause such Lien lien or claim to be discharged or to contest the validity or amount thereof, and removed from record within the period aforesaidthat period, then, without obligation to investigate the Director validity thereof and in addition to any other right or remedy Landlord may have, Landlord may, but shall not be under no obligation obligated to, discharge contest the same either by paying the lien or claim or discharge it by procuring payment, deposit, bond or otherwise; and Landlord shall be entitled, if Landlord so decides, to compel the discharge prosecution of an action for the foreclosure of such Lien lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest and costs. Any amounts so paid by Landlord and all costs and expenses, including attorneys’ fees, incurred by Landlord in connection therewith, together with interest at the Lease Interest Rate from the respective dates of Landlord’s making a deposit of the payment or obtaining a bondincurring of the cost or expense, which advances if any shall constitute additional rent payable by Tenant under this Lease and shall be paid by the Company Tenant to Landlord within fifteen (15) days after demand. (d) Notwithstanding anything to the Director contrary in this Lease or in any other writing signed by Landlord, neither this Lease nor any other writing signed by Landlord shall be construed as evidencing, indicating, or causing an appearance that any erection, construction, alteration or repair to be done, or caused to be done, by Tenant is or was in fact for the immediate use and benefit of Landlord. Further, notwithstanding anything contained herein to the contrary, nothing contained in or contemplated by this Lease shall be deemed or construed in any way to constitute the consent or request on demandthe part of Landlord for the performance of any work or services or the furnishing of any materials for which any lien could be filed against the Premises, together with interest thereon at the Interest Rate Building or the Property or any part of any of them, nor as giving Tenant any right, power, or authority to contract for Advances or permit the performance of any work or services or the furnishing of any materials for which any lien could be filed against the Premises, the Building, the Property or any part of any of them. (e) Prior to commencement of any work or the delivery of any material to the Premises by any contractor, subcontractor or materialman engaged by Tenant, Tenant shall deliver to the Landlord a waiver of liens (herein called “Waiver of Liens”) from each such contractor in form attached hereto as Exhibit “H”, bearing a stamp from the date Prothonotary’s Office in ▇▇▇▇▇▇▇ County indicating the timely filing of the Waiver of Liens under the Mechanics Lien Law of Pennsylvania, 49 P.S.A. Section 14.02. The Waiver of Liens shall provide, among other things, that the contractor, for itself and all subcontractors, materialmen and other persons providing labor, services, material or work under Tenant, waives any and all lien rights that it or any of them may have against Landlord’s interest in the Property or any part thereof, in addition to all other payments to be made by . Tenant shall file the Company pursuant to the Loan Documents Waivers of Liens at Tenant’s sole cost and shall be subject to and secured by this Security Agreement as additional indebtedness in accordance with the provisions of Section 2.8 hereofexpense.

Appears in 1 contract

Sources: Lease Agreement (MEDecision, Inc.)

Mechanics' and Other Liens. Except for Permitted Encumbrances(a) Tenant covenants that it shall not (and has no authority to) create or allow any encumbrance against the Premises, the Company Property, the Building or any part of any of them or Landlord’s interest therein, except for Tenant’s leasehold interests in the Premises. (b) Tenant covenants that it shall not suffer or permit any mechanics' or other Liens to be filed created, or to exist against the Collateral remain, any lien or claim thereof (arising out of any payments paid work done or payable under the Loan Documentsservices, by reason of workmaterial, labor, services equipment or materials supplied or claimed to have been supplied to, supplies furnished for or in connection with at the Collateral request of Tenant or to by or for any contractor or subcontractor of Tenant) which is or may become a lien upon the CompanyPremises, the Director or anyone holding Property, the Collateral Building or any part thereof through of any of them or under the Company. income therefrom or any fixture, equipment or similar property therein. (c) If any such Lien lien or claim shall at any time be filed, the Company shallTenant, within thirty fifteen (3015) days after notice it becomes made aware of the filing thereof but subject to the right to contest as herein set forththereof, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction bond or otherwise. Notwithstanding the foregoing, the Company If Tenant shall have the right, at the Company's expense and after written notice to the Director, by appropriate proceeding timely instituted and diligently prosecuted, to contest in good faith the validity or the amount of any such Lien. If, however, the Director shall notify the Company that, in the opinion of Independent Counsel, by nonpayment of any such items the lien, pledge or security interest created by this Security Agreement as to any part of the Collateral will be materially affected or the Collateral or any part thereof will be subject to imminent loss or forfeiture, the Company shall promptly cause such Lien to be discharged of record, as herein provided. Should the Company fail to cause such Lien lien or claim to be discharged or to contest the validity or amount thereof, and removed from record within the period aforesaidthat period, then, without obligation to investigate the Director validity thereof and in addition to any other right or remedy Landlord may have, Landlord may, but shall not be under no obligation obligated to, discharge contest the same either by paying the lien or claim or discharge it by procuring payment, deposit, bond or otherwise; and Landlord shall be entitled, if Landlord so decides, to compel the discharge prosecution of an action for the foreclosure of such Lien lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest and costs. Any amounts so paid by Landlord and all costs and expenses, including attorneys’ fees, incurred by Landlord in connection therewith, together with interest at the Lease Interest Rate from the respective dates of Landlord’s making a deposit of the payment or obtaining a bondincurring of the cost or expense, which advances if any shall constitute additional rent payable by Tenant under this Lease and shall be paid by the Company Tenant to Landlord within thirty (30) days after demand. (d) Notwithstanding anything to the Director on demandcontrary in this Lease or in any other writing signed by Landlord, together with interest thereon at the Interest Rate for Advances from the date thereofneither this Lease nor any other writing signed by Landlord shall be construed as evidencing, in addition to all other payments indicating, or causing an appearance that any erection, construction, alteration or repair to be made done, or caused to be done, by Tenant is or was in fact for the Company pursuant immediate use and benefit of Landlord. Further, notwithstanding anything contained herein to the Loan Documents and contrary, nothing contained in or contemplated by this Lease shall be subject deemed or construed in any way to constitute the consent or request on the part of Landlord for the performance of any work or services or the furnishing of any materials for which any lien could be filed against the Premises or the Building or the Property or any part of any of them, nor as giving Tenant any right, power, or authority to contract for or permit the performance of any work or services or the furnishing of any materials for which any lien could be filed against the Premises, the Building, the Property or any part of any of them. (e) Promptly after the completion of any work or the delivery of any material to the Premises by any contractor, subcontractor or materialman engaged by Tenant, Tenant shall deliver to the Landlord partial and/or final releases of liens (whichever shall be applicable) from each such contractor, subcontractor or materialman for work that has been performed and secured paid for to date and, upon completion of any project, an affidavit from its contractor that it and all subcontractors and materialmen hired by this Security Agreement as additional indebtedness in accordance it have been paid for all work done with respect to the provisions of Section 2.8 hereofproject.

Appears in 1 contract

Sources: Deed of Lease (BlackSky Technology Inc.)

Mechanics' and Other Liens. Except for Permitted Encumbrances, the Company shall not suffer or permit any mechanics' or other Liens to be filed or to exist against the Collateral or any payments paid or payable under the Loan Documents, by reason of work, labor, services or materials supplied or claimed to have been supplied to, for or in connection with the Collateral or to the Company, the Director or anyone holding the Collateral or any part thereof through or under the Company. 20.1 If any such Lien mechanic's, laborer's or materialman's lien shall at any time be filedfiled against the Property or any part thereof with respect to any work done, or labor or materials furnished, or caused to be furnished, by Tenant or anyone claiming through or under Tenant, or any judgment, attachment or levy is filed or recorded against the Company shallProperty or any part thereof by anyone claiming through or under Tenant, Tenant, within thirty (30) days after notice of the filing thereof but subject to the right to contest as herein set forththereof, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. Notwithstanding the foregoing, the Company If Tenant shall have the right, at the Company's expense and after written notice to the Director, by appropriate proceeding timely instituted and diligently prosecuted, to contest in good faith the validity or the amount of any such Lien. If, however, the Director shall notify the Company that, in the opinion of Independent Counsel, by nonpayment of any such items the lien, pledge or security interest created by this Security Agreement as to any part of the Collateral will be materially affected or the Collateral or any part thereof will be subject to imminent loss or forfeiture, the Company shall promptly cause such Lien to be discharged of record, as herein provided. Should the Company fail to cause such Lien lien, judgment, attachment or 39 levy to be discharged or to contest the validity or amount thereof, within the period aforesaid, then, the Director in addition to any other right or remedy, Landlord may, but shall not be under no obligation obligated to, discharge the same either by paying the claim or bonding proceedings, if permitted by procuring the discharge of such Lien law (and if not so permitted, by making a deposit or obtaining a bond, which advances if any shall be in court). Any amount so paid by the Company to the Director on demandLandlord, including all costs and expenses paid by Landlord in connection therewith, together with interest thereon at the Interest Rate for Advances rate of 15% per annum (or, if lower, the maximum rate permitted by law) from the date thereofrespective dates of Landlord's so paying any such amount, in addition to all other payments to be made cost or expense, shall constitute additional rent payable by the Company pursuant to the Loan Documents Tenant under this Lease and shall be subject paid by Tenant to Landlord on demand. 20.2 Nothing contained in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials for any specific improvement, alteration to or repair of the Quinton Demised Premises, or any part thereof, or as giving Tenant an▇ ▇▇▇▇▇, power or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any mechanic's Liens against Landlord's interest in the Quinton Demised Premises. Notice is hereby given that Landlord shall ▇▇▇ ▇▇ liable for any labor or materials furnished or to be furnished to Tenant upon credit, and secured by this Security Agreement as additional indebtedness that no mechanic's or other lien for any such labor or materials shall attach to or affect the reversion or estate or interest of Landlord in accordance with and to the provisions of Section 2.8 hereofQuinton Demised Premises.

Appears in 1 contract

Sources: Lease Agreement (Quinton Cardiology Systems Inc)

Mechanics' and Other Liens. Except for Permitted Encumbrances(i) The Mortgagor shall pay, the Company shall not suffer bond or discharge of record, from time to time, forthwith, all liens (and all claims and demands of mechanics, materialmen, laborers or others, which, if unpaid, might result in or permit any mechanics' the creation of a lien) on or other Liens to be filed or to exist against affecting the Collateral or any payments paid or payable under the Loan Documents, by reason of work, labor, services or materials supplied or claimed to have been supplied to, for or in connection with the Collateral or to the Company, the Director or anyone holding the Collateral Premises or any part thereof through thereof, or under on or affecting the Company. If any such Lien shall at any time be filedrevenues, rents, issues, income or profits arising therefrom and, in general, the Company shall, within thirty (30) days after notice of the filing thereof but subject to the right to contest as herein set forth, cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. Notwithstanding the foregoing, the Company Mortgagor forthwith shall have the rightdo, at the Company's cost of the Mortgagor and without expense and after written notice to the DirectorMortgagee, by appropriate proceeding everything necessary to fully preserve the lien of this Mortgage. In the event that the Mortgagor fails in a timely instituted and diligently prosecutedmanner to make payment in full of, to contest in good faith bond or discharge, such liens the validity or the amount of any such Lien. If, however, the Director shall notify the Company that, in the opinion of Independent Counsel, by nonpayment of any such items the lien, pledge or security interest created by this Security Agreement as to any part of the Collateral will be materially affected or the Collateral or any part thereof will be subject to imminent loss or forfeiture, the Company shall promptly cause such Lien to be discharged of record, as herein provided. Should the Company fail to cause such Lien to be discharged or to contest the validity or amount thereof, within the period aforesaid, then, the Director Mortgagee may, but shall not be under no obligation obligated to, make payment, bond or discharge such liens, and the Mortgagor shall, on demand, reimburse the Mortgagee for all sums so expended and such sums shall bear interest at the Default Rate until reimbursed. (ii) Nothing in this Section 2.10 shall require the payment or discharge of any obligation imposed upon the Mortgagor by subsection (i) of this Section 2.10 so long as the Mortgagor shall bond or discharge any lien on the Premises arising from such obligation or in good faith and at its own expense contest the same either or the validity thereof by paying appropriate legal proceedings which proceedings must operate to prevent the claim collection thereof or by procuring other realization thereon, the sale of the lien thereof and the sale or forfeiture of the Premises or any part thereof, to satisfy the same; provided -------- that during such contest the Mortgagor shall, at the option of the Mortgagee, provide security satisfactory to the Mortgagee, assuring the discharge of the Mortgagor's obligation hereunder and of any additional interest charge, penalty or expense arising from or incurred as a result of such Lien contest; and provided, -------- further, that if at any time payment of any obligation imposed upon the ------- Mortgagor by making a deposit subsection (i) of this Section 2.10 shall become necessary (a) to prevent the sale or obtaining a bondforfeiture of the Premises or any portion thereof because of non-payment, which advances if any or (b) to protect the lien of this Mortgage, then the Mortgagor shall be paid by pay the Company same in sufficient time to prevent the Director on demandsale or forfeiture of the Premises or to protect the lien of this Mortgage, together with interest thereon at as the Interest Rate for Advances from the date thereof, in addition to all other payments to be made by the Company pursuant to the Loan Documents and shall be subject to and secured by this Security Agreement as additional indebtedness in accordance with the provisions of Section 2.8 hereofcase may be.

Appears in 1 contract

Sources: Mortgage and Security Agreement (Just Toys Inc)

Mechanics' and Other Liens. Except (a) With respect to any work performed by Tenant in furnishing or equipping the Premises hereunder, and with respect to any alterations performed pursuant to Section 9.4, Tenant will not permit to be created and has no authority to permit to be created or to remain undischarged any lien, encumbrance or charge (arising out of any work done or materials or supplies furnished by an contractor, subcontractor, mechanic, laborer or materialman, or any mortgage, security agreement or otherwise by or for Permitted EncumbrancesTenant), which might be or become a lien or encumbrance or charge upon the Premises, or Tenant's leasehold estate therein, the Company shall Project or any income therefrom. Tenant will not suffer any other matter or permit thing whereby the estate, rights and interests of Landlord in the Project might be encumbered or impaired. (b) If any mechanics' lien on account of any alleged debt of Tenant, or any person acting on Tenant's behalf, shall be filed against the Premises, the Project or any income therefrom, Tenant shall take and diligently prosecute appropriate action to have the same discharged or bonded and released of record at Tenant's sole expense within thirty (30) days of the filing of such lien. Upon Tenant's failure so to do, Landlord, in addition to any other Liens right or remedy that it may have, may cause said lien to be filed discharged or bonded and take such other action as may be reasonably necessary to exist against the Collateral or protect its interest, and Tenant shall pay any payments amounts paid or payable under the Loan Documents, by reason of work, labor, services or materials supplied or claimed to have been supplied to, for or Landlord in connection with such action, and all reasonable legal and other costs and expenses incurred by Landlord in connection therewith (including reasonable attorneys' fees, court costs (if awarded post-judgment) and other necessary disbursements). Any such amounts paid by Landlord and the Collateral or to the Company, the Director or anyone holding the Collateral or any part thereof through or under the Company. If amount of any such Lien shall at any time be filedexpenses or costs incurred by Landlord, the Company shall, if not paid by Tenant to Landlord within thirty (30) days after the date Tenant receives written notice from Landlord of the filing amount thereof but subject to the right to contest as herein set forth, cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. Notwithstanding the foregoing, the Company shall have the right, at the Company's expense and after written notice to the Director, by appropriate proceeding timely instituted and diligently prosecuted, to contest in good faith the validity or the amount of any such Lien. If, however, the Director shall notify the Company that, in the opinion of Independent Counsel, by nonpayment of any such items the lien, pledge or security interest created by this Security Agreement as to any part demand for payment of the Collateral will be materially affected or the Collateral or any part thereof will be subject to imminent loss or forfeituresame, the Company shall promptly cause such Lien to be discharged of record, as herein provided. Should the Company fail to cause such Lien to be discharged or to contest the validity or amount thereof, within the period aforesaid, then, the Director may, but shall be under no obligation to, discharge the same either by paying the claim or by procuring the discharge of such Lien by making a deposit or obtaining a bond, which advances if any shall be paid by the Company to the Director on demandshall, together with interest thereon at the Interest Default Rate for Advances from the date thereof, in addition to all other payments to be made of the receipt by Tenant of the Company pursuant aforesaid written notice to the Loan Documents date of payment thereof by Tenant, be treated as Additional Rent, and shall be payable by Tenant to Landlord not later than thirty (30) days after the giving of such written notice and demand. Nothing herein contained shall obligate Tenant to pay or discharge any lien created by Landlord. (c) Except with respect to the initial improvements and refurbishments to the Premises to be performed by Landlord pursuant to Section 2.2 hereof, Tenant shall promptly pay all persons furnishing labor or materials with respect to any work performed by or on behalf of Tenant in, on or about the Premises. No work which Landlord permits Tenant to perform shall be deemed to be for the immediate use and benefit of Landlord so that no mechanics' or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. This Lease expressly provides that the interest of Landlord shall not be subject to liens for improvements made for or on behalf of Tenant, and secured Tenant shall notify each of Tenant's contractors of the foregoing provisions. (d) To the extent permitted by this Security Agreement law, Landlord shall have the right to post such other notices as additional indebtedness Landlord may deem to be appropriate for the protection of its interests in accordance with the Premises. The provisions of this Section 2.8 hereof2.7 shall apply with respect to any work performed by or on behalf of Tenant in, on or about the Premises during the Term thereof.

Appears in 1 contract

Sources: Office Lease Agreement (Excalibur Technologies Corp)

Mechanics' and Other Liens. Except for Permitted EncumbrancesTenant shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the Company interest of Landlord in the premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with Tenant, including those who may furnish materials or perform labor for any construction or repairs, and each such claim shall not suffer affect and each such lien shall attach to, if at all, only the leasehold interest granted to Tenant by this instrument. Tenant covenants and agrees that it will pay or permit any mechanics' or other Liens cause to be filed or to exist against the Collateral or paid all sums legally due and payable by it on account of any payments paid or payable under the Loan Documents, by reason of work, labor, services labor performed or materials supplied or claimed to have been supplied to, for or furnished in connection with any work performed on the Collateral premises on which any lien is or to can be validly and legally asserted against its leasehold interest in the Companypremises or the improvements thereon and that it will save and hold Landlord harmless from any and all loss, cost or expense based on or arising out of asserted claims or liens against the Director leasehold estate or anyone holding against the Collateral or any part thereof through right, title and interest of the Landlord in the premises or under the Companyterms of this lease. Tenant will not permit any mechanic’s lien or liens or any other liens which may be imposed by law affecting Landlord’s or its mortgagees’ interest in the premises or any building or other improvement of which the premises are a part to be placed upon the premises or any building or improvement thereon during the term hereof, and in case of the filing of any such lien Tenant will promptly pay same. If any such Lien lien shall at any time be filed, the Company shall, within thirty remain uncontested and in force and effect for twenty (3020) days after written notice thereof from Landlord to Tenant, Landlord shall have the right and privilege at Landlord’s option of paying and discharging the filing same or any portion thereof but subject without inquiry as to the right validity thereof, and any amounts so paid, including expenses and interest, shall be so much additional indebtedness hereunder due from Tenant to contest as herein set forth, cause the same Landlord and shall be repaid to be discharged of record by payment, deposit, bond, order Landlord immediately on rendition of a court of competent jurisdiction or otherwise▇▇▇▇ therefor. Notwithstanding the foregoing, the Company Tenant shall have the right, at the Company's expense and after written notice to the Director, by appropriate proceeding timely instituted and diligently prosecuted, right to contest any such lien in good faith the validity or the amount of and with all due diligence so long as any such Lien. Ifcontest, howeveror action taken in connection therewith, protects the Director shall notify the Company that, interest of Landlord and Landlord’s mortgagee in the opinion of Independent Counselpremises and Landlord and any such mortgagee are, by nonpayment the expiration of said twenty (20) day period, furnished such protection, and indemnification against any loss, cost or expense related to any such items lien and the lien, pledge or security interest created by this Security Agreement contest thereof as are reasonably satisfactory to Landlord and any part of the Collateral will be materially affected or the Collateral or any part thereof will be subject to imminent loss or forfeiture, the Company shall promptly cause such Lien to be discharged of record, as herein provided. Should the Company fail to cause such Lien to be discharged or to contest the validity or amount thereof, within the period aforesaid, then, the Director may, but shall be under no obligation to, discharge the same either by paying the claim or by procuring the discharge of such Lien by making a deposit or obtaining a bond, which advances if any shall be paid by the Company to the Director on demand, together with interest thereon at the Interest Rate for Advances from the date thereof, in addition to all other payments to be made by the Company pursuant to the Loan Documents and shall be subject to and secured by this Security Agreement as additional indebtedness in accordance with the provisions of Section 2.8 hereofmortgagee.

Appears in 1 contract

Sources: Lease Agreement (Power Solutions International, Inc.)

Mechanics' and Other Liens. Except for Permitted Encumbrances, the Company shall not suffer or permit any mechanics' or other Liens to be filed or to exist against the Collateral or any payments paid or payable under the Loan Documents, by reason of work, labor, services or materials supplied or claimed to have been supplied to, for or in connection with the Collateral or to the Company, the Director or anyone holding the Collateral or any part thereof through or under the Company. 20.1 If any such Lien mechanic's, laborer's or materialman's lien shall at any time be filedfiled against the Property or any part thereof with respect to any work done, or labor or materials furnished, or caused to be furnished, by Tenant or anyone claiming through or under Tenant, or any judgment, attachment or levy is filed or recorded against the Company shallProperty or any part thereof by anyone claiming through or under Tenant, Tenant, within thirty (30) days after notice of the filing thereof but subject to the right to contest as herein set forththereof, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. Notwithstanding the foregoing, the Company If Tenant shall have the right, at the Company's expense and after written notice to the Director, by appropriate proceeding timely instituted and diligently prosecuted, to contest in good faith the validity or the amount of any such Lien. If, however, the Director shall notify the Company that, in the opinion of Independent Counsel, by nonpayment of any such items the lien, pledge or security interest created by this Security Agreement as to any part of the Collateral will be materially affected or the Collateral or any part thereof will be subject to imminent loss or forfeiture, the Company shall promptly cause such Lien to be discharged of record, as herein provided. Should the Company fail to cause such Lien lien, judgment, attachment or levy to be discharged or to contest the validity or amount thereof, within the period aforesaid, then, the Director in addition to any other right or remedy, Landlord may, but shall not be under no obligation obligated to, discharge the same either by paying the claim or bonding proceedings, if permitted by procuring the discharge of such Lien law (and if not so permitted, by making a deposit or obtaining a bond, which advances if any shall be in court). Any amount so paid by the Company to the Director on demandLandlord, including all costs and expenses paid by Landlord in connection therewith, together with interest thereon at the Interest Rate for Advances rate of 18% per annum (or, if lower, the maximum rate permitted by law) from the date thereofrespective dates of Landlord's so paying any such amount, in addition to all other payments to be made cost BioLife lease 4/1/2008 or expense, shall constitute additional rent payable by the Company pursuant to the Loan Documents Tenant under this Lease and shall be subject paid by Tenant to Landlord on demand. 20.2 Nothing contained in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials for any specific improvement, alteration to or repair of the Demised Premises, or any part thereof, or as giving Tenant any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any mechanic's liens against Landlord's interest in the Demised Premises. Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant upon credit, and secured by this Security Agreement as additional indebtedness that no mechanic's or other lien for any such labor or materials shall attach to or affect the reversion or estate or interest of Landlord in accordance with and to the provisions of Section 2.8 hereofDemised Premises.

Appears in 1 contract

Sources: Lease Agreement (Biolife Solutions Inc)

Mechanics' and Other Liens. Except (a) With respect to any work performed by Tenant in furnishing or equipping the Premises hereunder, and with respect to any alterations performed pursuant to Section 10.4, Tenant will not permit to be created and has no authority to permit to be created or to remain undischarged any lien, encumbrance or charge (arising out of any work done or materials or supplies furnished by a contractor, subcontractor, mechanic, laborer or materialman, or any mortgage, security agreement or otherwise by or for Permitted EncumbrancesTenant), which might be or become a lien or encumbrance or charge upon the Premises, or Tenant's leasehold estate therein, the Company shall Project or any income therefrom. Tenant will not suffer any other matter or permit thing whereby the estate, rights and interests of Landlord in the Project might be encumbered or impaired. (b) If any mechanics' lien on account of any alleged debt of Tenant, or any person acting on Tenant's behalf, shall be filed against the Premises, the Project or any income therefrom, Tenant shall take and diligently prosecute appropriate action to have the same discharged or bonded and released of record at Tenant's sole expense within thirty (30) days of the filing of such lien. Upon Tenant's failure so to do, Landlord, in addition to any other Liens right or remedy that it may have, may cause said lien to be filed discharged or bonded and take such other action as may be reasonably necessary to exist against the Collateral or protect its interest, and Tenant shall pay any payments amounts paid or payable under the Loan Documents, by reason of work, labor, services or materials supplied or claimed to have been supplied to, for or Landlord in connection with such action, and all reasonable legal and other costs and expenses incurred by Landlord in connection therewith (including reasonable attorneys' fees, court costs (if awarded post-judgment) and other necessary disbursements). Any such amounts paid by Landlord and the Collateral or to the Company, the Director or anyone holding the Collateral or any part thereof through or under the Company. If amount of any such Lien shall at any time be filedexpenses or costs incurred by Landlord, the Company shall, if not paid by Tenant to Landlord within thirty (30) days after the date Tenant receives written notice and verification from Landlord of the filing amount thereof but subject to the right to contest as herein set forth, cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. Notwithstanding the foregoing, the Company shall have the right, at the Company's expense and after written notice to the Director, by appropriate proceeding timely instituted and diligently prosecuted, to contest in good faith the validity or the amount of any such Lien. If, however, the Director shall notify the Company that, in the opinion of Independent Counsel, by nonpayment of any such items the lien, pledge or security interest created by this Security Agreement as to any part demand for payment of the Collateral will be materially affected or the Collateral or any part thereof will be subject to imminent loss or forfeituresame, the Company shall promptly cause such Lien to be discharged of record, as herein provided. Should the Company fail to cause such Lien to be discharged or to contest the validity or amount thereof, within the period aforesaid, then, the Director may, but shall be under no obligation to, discharge the same either by paying the claim or by procuring the discharge of such Lien by making a deposit or obtaining a bond, which advances if any shall be paid by the Company to the Director on demandshall, together with interest thereon at the Interest Default Rate for Advances from the date thereof, in addition to all other payments to be made of the receipt by Tenant of the Company pursuant aforesaid written notice to the Loan Documents date of payment thereof by Tenant, be treated as Additional Rent, and shall be payable by Tenant to Landlord not later than thirty (30) days after the giving of such written notice and demand. Nothing herein contained shall obligate Tenant to pay or discharge any lien created by Landlord. (c) Tenant shall promptly pay all persons furnishing labor or materials with respect to any work performed by or on behalf of Tenant in, on or about the Premises. No work which Landlord permits Tenant to perform shall be deemed to be for the immediate use and benefit of Landlord so that no mechanics or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. This Lease expressly provides that the interest of Landlord shall not be subject to liens for improvements made for or on behalf of Tenant, and secured Tenant shall notify each of Tenant's contractors of the foregoing provisions. (d) To the extent permitted by this Security Agreement law, Landlord shall have the right to post such other notices as additional indebtedness Landlord may reasonably deem to be appropriate for the protection of its interests in accordance with the Premises. The provisions of this Section 2.8 hereof2.9 shall apply with respect to any work performed by or on behalf of Tenant in, on or about the Premises during the Term thereof. Nothing contained in this Section 2.9 shall be deemed to relieve Landlord from its responsibility for any liens resulting from Landlord's (or its affiliate's or agent's) performance of any construction at the Project.

Appears in 1 contract

Sources: Office Lease Agreement (Teligent Inc)

Mechanics' and Other Liens. Except for Permitted Encumbrances(a) Tenant covenants that it shall not (and has no authority to) create or allow any encumbrance against the Premises, the Company Property, the Building or any part of any of any of them or Landlord's interest therein. (b) Tenant covenants that it shall not suffer or permit any mechanics' or other Liens to be filed created, or to exist against the Collateral remain, any lien or claim thereof (arising out of any payments paid work done or payable under the Loan Documentsservices, by reason of workmaterial, labor, services equipment or materials supplied or claimed to have been supplied to, supplies furnished for or in connection with at the Collateral request of Tenant or to by or for any contractor or subcontractor of Tenant) which is or may become a lien upon the CompanyPremises, the Director or anyone holding Property, the Collateral Building or any part thereof through of any of any of them or under the Company. income therefrom or any fixture, equipment or similar property therein. (c) If any such Lien lien or claim shall at any time be filed, the Company shallTenant, within thirty ten (3010) days after notice of the filing thereof but subject to the right to contest as herein set forththereof, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction bond or otherwise. Notwithstanding the foregoing, the Company If Tenant shall have the right, at the Company's expense and after written notice to the Director, by appropriate proceeding timely instituted and diligently prosecuted, to contest in good faith the validity or the amount of any such Lien. If, however, the Director shall notify the Company that, in the opinion of Independent Counsel, by nonpayment of any such items the lien, pledge or security interest created by this Security Agreement as to any part of the Collateral will be materially affected or the Collateral or any part thereof will be subject to imminent loss or forfeiture, the Company shall promptly cause such Lien to be discharged of record, as herein provided. Should the Company fail to cause such Lien lien or claim to be discharged or to contest the validity or amount thereof, and removed from record within the period aforesaidthat period, then, without obligation to investigate the Director validity thereof and in addition to any other right or remedy Landlord may have, Landlord may, but shall not be under no obligation obligated to, discharge contest the same either by paying the lien or claim or discharge it by procuring payment, deposit, bond or otherwise; and Landlord shall be entitled, if Landlord so decides, to compel the discharge prosecution of an action for the foreclosure of such Lien lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest and costs. Any amounts so paid by Landlord and all costs and expenses, including attorneys' fees, incurred by Landlord in connection therewith, together with interest at the Lease Interest Rate from the respective dates of Landlord's making a deposit of the payment or obtaining a bondincurring of the cost or expense, which advances if any shall constitute additional rent payable by Tenant under this Lease and shall be paid by the Company Tenant to Landlord within fifteen (15) days after demand. (d) Notwithstanding anything to the Director contrary in this Lease or in any other writing signed by Landlord, neither this Lease nor any other writing signed by Landlord shall be construed as evidencing, indicating, or causing an appearance that any erection, construction, alteration or repair to be done, or caused to be done, by Tenant is or was in fact for the immediate use and benefit of Landlord. Further, notwithstanding anything contained herein to the contrary, nothing contained in or contemplated by this Lease shall be deemed or construed in any way to constitute the consent or request on demandthe part of Landlord for the performance of any work or services or the furnishing of any materials for which any lien could be filed against the Premises or the Building or the Property or any part of any thereof, together with interest thereon at nor as giving Tenant any right, power, or authority to contract for or permit the Interest Rate performance of any work or services or the furnishing of any materials for Advances which any lien could be filed against the Premises, the Building, the Property or any part of any thereof. (e) Prior to commencement of any work or the delivery of any material to the Premises by any contractor, subcontractor or materialman engaged by Tenant, Tenant shall deliver to the Landlord a waiver of liens (herein called "Waiver of Liens") from each such contractor in form satisfactory to Landlord, bearing a stamp from the date Prothonotary's Office in Philadelphia indicating the timely filing of the Waiver of Liens under the Mechanics Lien Law of Pennsylvania, 49 P.S.A. "14,02. The Waiver of Liens shall provide, among other things, that the contractor, for itself and all subcontractors, materialmen and other persons providing labor, services, material or work under Tenant, waives any and all lien rights that it or any of them may have against Landlord's interest in the Property or any part thereof, in addition to all other payments to be made by . Tenant shall file the Company pursuant to the Loan Documents Waivers of Liens at Tenant's sole cost and shall be subject to and secured by this Security Agreement as additional indebtedness in accordance with the provisions of Section 2.8 hereofexpense.

Appears in 1 contract

Sources: Lease Agreement (Traffic.com, Inc.)

Mechanics' and Other Liens. Except 7.01 Tenant shall have no power to do any act or make any contract that may create or be the foundation for Permitted Encumbrancesany lien, mortgage or other encumbrance upon the Demised Premises, the Company shall not suffer or permit any mechanics' reversion or other Liens estate of Landlord, or upon any interest of Landlord in the Demised Premises. If Tenant causes any alterations, rebuildings, replacements, changes, additions, improvements or repairs to be made to the Demised Premises, or causes any labor to be performed or material to be furnished therein, thereon or thereto, neither Landlord nor the Demised Premises nor Landlord's interest in the Demised Premises shall under any circumstances be liable for the payment of any expense incurred or for the value of any work done or material furnished, but all such alterations, rebuildings, replacements, changes, additions, improvements and repairs, and labor and material, shall be made, furnished and performed at Tenant's sole cost and expense, and Tenant shall be solely and wholly responsible to contractors, laborers and materialmen furnishing and performing such labor and material. Landlord is willing to sign a Landlord's waiver on personal property and trade fixtures as long as a waiver does not hinder financing and is acceptable to the mortgagee. 7.02 If, because of any act or omission (or alleged act or omission) of Tenant, any mechanics or other liens charge or order for the payment of money is filed against Landlord or to exist against the Collateral Demised Premises or Landlord's interest therein or any payments paid or payable under the Loan Documents, by reason of work, labor, services or materials supplied or claimed to have been supplied to, financing statement is filed for or in connection with the Collateral or to the Company, the Director or anyone holding the Collateral affecting any equipment or any part thereof through materials used in the construction or under the Company. If alteration of, or installed in, any such Lien shall at any time be filedbuilding or improvement in or on the Demised Premises, the Company (whether or not such lien, charge or order, or financing statement is valid or enforceable as such), Tenant shall, within thirty (30) days after notice of the filing thereof but subject to the right to contest as herein set forthat its own cost and expense, cause the same to be canceled and discharged (whether by bonding or payment) within ten (10) days after notice of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. Notwithstanding the foregoing, the Company shall have the right, at the Company's expense and after written notice filing thereof. 7.03 Prior to the Director, by appropriate proceeding timely instituted and diligently prosecuted, to contest in good faith the validity or the amount performance of any alterations, additions or improvements to the Demised Premises, (i) Tenant will enter into a written contract with each contractor performing such Lien. Ifwork and with each supplier providing material and supplies in connection with such work which shall provide (A) that the contractor and supplier agree that neither they nor any subcontractors nor materialmen shall file any mechanic's or materialman's liens, howeveror notices of intention therefor, against the Director shall notify the Company thatDemised Premises, in the opinion of Independent Counsel, by nonpayment of any such items the lien, pledge or security interest created by this Security Agreement as to any part of the Collateral will be materially affected or the Collateral or any part thereof or any notices of refusal relating to any work upon or material supplied to or for the Demised Premises; (B) that all subcontracts and purchase orders executed in connection with any such work shall contain agreements similar to those referred to in (A) above, by the subcontractors and suppliers, (C) that Tenant is entering into the contract as tenant and not on behalf of Landlord and that all stop notices thereafter filed by any subcontractor or supplier will be subject filed only against Tenant and will be binding upon Tenant in connection with Tenant's obligation to imminent loss or forfeituremake payments under the construction contract; and (ii) Tenant shall, the Company shall promptly pursuant to Title 2A N.J.S.A. 44-75, cause such Lien to be discharged filed a copy of record, as herein provided. Should the Company fail to cause written contract with each such Lien to be discharged or to contest contractor and supplier and all specifications accompanying the validity or amount thereof, within the period aforesaid, then, the Director may, but shall be under no obligation to, discharge the same either by paying the claim or by procuring the discharge of such Lien by making a deposit or obtaining a bond, which advances if any shall be paid by the Company to the Director on demand, together with interest thereon at the Interest Rate for Advances from the date thereof, in addition to all other payments to be made by the Company pursuant to the Loan Documents and shall be subject to and secured by this Security Agreement as additional indebtedness in accordance with the provisions of Section 2.8 hereofcontract.

Appears in 1 contract

Sources: Lease Agreement (A C Moore Arts & Crafts Inc)

Mechanics' and Other Liens. Except for Permitted Encumbrances(i) Subject to the terms and conditions of the Leases, the Company Grantor shall not suffer pay, bond or discharge of record, from time to time, forthwith, all liens (and all claims and demands of mechanics, materialmen, laborers or others, which, if unpaid, might result in or permit any mechanics' the creation of a lien) on or other Liens to be filed or to exist against affecting the Collateral or any payments paid or payable under the Loan Documents, by reason of work, labor, services or materials supplied or claimed to have been supplied to, for or in connection with the Collateral or to the Company, the Director or anyone holding the Collateral Premises or any part thereof through thereof, or under on or affecting the Company. If any such Lien shall at any time be filedrevenues, rents, issues, income or profits arising therefrom and, in general, the Company shall, within thirty (30) days after notice of the filing thereof but subject to the right to contest as herein set forth, cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. Notwithstanding the foregoing, the Company Grantor forthwith shall have the rightdo, at the Company's cost of the Grantor and without expense and after written notice to the DirectorBeneficiary, by appropriate proceeding everything necessary to fully preserve the lien of this Leasehold Deed of Trust. In the event that the Grantor fail in a timely instituted and diligently prosecutedmanner to make payment in full of, to contest in good faith bond or discharge, such liens the validity or the amount of any such Lien. If, however, the Director shall notify the Company that, in the opinion of Independent Counsel, by nonpayment of any such items the lien, pledge or security interest created by this Security Agreement as to any part of the Collateral will be materially affected or the Collateral or any part thereof will be subject to imminent loss or forfeiture, the Company shall promptly cause such Lien to be discharged of record, as herein provided. Should the Company fail to cause such Lien to be discharged or to contest the validity or amount thereof, within the period aforesaid, then, the Director Beneficiary may, but shall not be under no obligation obligated to, make payment, bond or discharge such liens, upon notice to the Grantor if practicable in order to preserve the lien of this Leasehold Deed of Trust or the collateral value of the Premises and the Grantor shall, on demand, reimburse the Beneficiary for all sums so expended and such sums shall bear interest at the Post-Default Rate until reimbursed. (ii) Nothing in this SECTION 2.10 shall require the payment or discharge of any obligation imposed upon the Grantor by subsection (1) of this SECTION 2.10 so long as the Grantor shall bond or discharge any lien on the Premises arising from such obligation or in good faith and at its own expense contest the same either or the validity thereof by paying appropriate legal proceedings which proceedings must operate to prevent the claim collection thereof or by procuring other realization thereon, the sale of the lien thereof and the sale or forfeiture of the Premises or any part thereof, to satisfy the same; provided that during such contest the Grantor shall, at the option of the Beneficiary, provide security satisfactory to the Beneficiary, assuring the discharge of the Grantor's obligation hereunder and of any additional interest charge, penalty or expense arising from or incurred as a result of such Lien contest; and provided, further, that if at any time payment of any obligation imposed upon the Grantor by making a deposit subsection (i) of this SECTION 2.10 shall become necessary (a) to prevent the sale or obtaining a bondforfeiture of the Premises or any portion thereof because of non-payment, which advances if any or (b) to protect the lien of this Leasehold Deed of Trust, then the Grantor shall be paid by pay the Company same in sufficient time to prevent the Director on demandsale or forfeiture of the Premises or to protect the lien of this Leasehold Deed of Trust, together with interest thereon at as the Interest Rate for Advances from the date thereof, in addition to all other payments to be made by the Company pursuant to the Loan Documents and shall be subject to and secured by this Security Agreement as additional indebtedness in accordance with the provisions of Section 2.8 hereofcase may be.

Appears in 1 contract

Sources: Leasehold Deed of Trust, Assignment of Rents and Security Agreement (Aerobic Creations, Inc.)

Mechanics' and Other Liens. Except (a) With respect to any work performed by Tenant in furnishing or equipping the Premises hereunder, and with respect to any alterations performed pursuant to Section 10.4, Tenant will not permit to be created and has no authority to permit to be created or to remain undischarged any lien, encumbrance or charge (arising out of any work done or materials or supplies furnished by a contractor, subcontractor, mechanic, laborer or materialman, or any mortgage, security agreement or otherwise by or for Permitted EncumbrancesTenant), which might be or become a lien or encumbrance or charge upon the Premises, or Tenant's leasehold estate therein, the Company shall Project or any income therefrom. Tenant will not suffer any other matter or permit thing whereby the estate, rights and interests of Landlord in the Project might be encumbered or impaired. (b) If any mechanics' lien on account of any alleged debt of Tenant, or any person acting on Tenant's behalf, shall be filed against the Premises, the Project or any income therefrom, Tenant shall take and diligently prosecute appropriate action to have the same discharged or bonded and released of record at Tenant's sole expense within thirty (30) days of the filing of such lien. Upon Tenant's failure so to do, Landlord, in addition to any other Liens right or remedy that it may have, may cause said lien to be filed discharged or bonded and take such other action as may be reasonably necessary to exist against the Collateral or protect its interest, and Tenant shall pay any payments amounts paid or payable under the Loan Documents, by reason of work, labor, services or materials supplied or claimed to have been supplied to, for or Landlord in connection with such action, and all reasonable legal and other costs and expenses incurred by Landlord in connection therewith (including reasonable attorneys' fees, court costs (if awarded post-judgment) and other necessary disbursements). Any such amounts paid by Landlord and the Collateral or to the Company, the Director or anyone holding the Collateral or any part thereof through or under the Company. If amount of any such Lien shall at any time be filedexpenses or costs incurred by Landlord, the Company shall, if not paid by Tenant to Landlord within thirty (30) days after the date Tenant receives written notice and verification from Landlord of the filing amount thereof but subject to the right to contest as herein set forth, cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. Notwithstanding the foregoing, the Company shall have the right, at the Company's expense and after written notice to the Director, by appropriate proceeding timely instituted and diligently prosecuted, to contest in good faith the validity or the amount of any such Lien. If, however, the Director shall notify the Company that, in the opinion of Independent Counsel, by nonpayment of any such items the lien, pledge or security interest created by this Security Agreement as to any part demand for payment of the Collateral will be materially affected or the Collateral or any part thereof will be subject to imminent loss or forfeituresame, the Company shall promptly cause such Lien to be discharged of record, as herein provided. Should the Company fail to cause such Lien to be discharged or to contest the validity or amount thereof, within the period aforesaid, then, the Director may, but shall be under no obligation to, discharge the same either by paying the claim or by procuring the discharge of such Lien by making a deposit or obtaining a bond, which advances if any shall be paid by the Company to the Director on demandshall, together with interest thereon at the Interest Default Rate for Advances from the date thereof, in addition to all other payments to be made of the receipt by Tenant of the Company pursuant aforesaid written notice to the Loan Documents date of payment thereof by Tenant, be treated as Additional Rent, and shall be subject payable by Tenant to Landlord not later than thirty (30) days after the giving of such written notice and secured demand. Nothing herein contained shall obligate Tenant to pay or discharge any lien created by this Security Agreement as additional indebtedness in accordance Landlord. (c) Tenant shall promptly pay all persons furnishing labor or materials with respect to any work performed by or on behalf of Tenant in, on or about the provisions of Section 2.8 hereof.Premises. No work which Landlord permits Tenant to perform shall be deemed to be for the immediate

Appears in 1 contract

Sources: Office Lease Agreement (NHP Inc)

Mechanics' and Other Liens. Except for Permitted Encumbrances(a) Tenant covenants that it shall not (and has no authority to) create or allow any encumbrance against the Building, the Company Property or any part of either of them or Landlord’s interest therein. (b) Tenant covenants that it shall not suffer or permit any mechanics' or other Liens to be filed created, or to exist against the Collateral remain, any lien or claim thereof (arising out of any payments paid work done or payable under the Loan Documentsservices, by reason of workmaterial, labor, services equipment or materials supplied or claimed to have been supplied to, supplies furnished for or in connection with at the Collateral request of Tenant or to by or for any contractor or subcontractor of Tenant) which is or may become a lien upon the CompanyBuilding, the Director or anyone holding the Collateral Property or any part thereof through of either of them or under the Company. income therefrom or any fixture, equipment or similar property therein. (c) If any such Lien lien or claim shall at any time be filed, the Company shallTenant, within thirty ten (3010) business days after notice Tenant obtains actual knowledge of the filing thereof but subject to the right to contest as herein set forthsuch filing, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction bond or otherwise. Notwithstanding the foregoing, the Company If Tenant shall have the right, at the Company's expense and after written notice to the Director, by appropriate proceeding timely instituted and diligently prosecuted, to contest in good faith the validity or the amount of any such Lien. If, however, the Director shall notify the Company that, in the opinion of Independent Counsel, by nonpayment of any such items the lien, pledge or security interest created by this Security Agreement as to any part of the Collateral will be materially affected or the Collateral or any part thereof will be subject to imminent loss or forfeiture, the Company shall promptly cause such Lien to be discharged of record, as herein provided. Should the Company fail to cause such Lien lien or claim to be discharged or to contest the validity or amount thereof, and removed from record within the period aforesaidthat period, then, without obligation to investigate the Director validity thereof and in addition to any other right or remedy Landlord may have, Landlord may, but shall not be under no obligation obligated to, discharge contest the same either by paying the lien or claim or discharge it by procuring payment, deposit, bond or otherwise; and Landlord shall be entitled, if Landlord so decides, to compel the discharge prosecution of an action for the foreclosure of such Lien lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest and costs. Any amounts so paid by Landlord and all costs and expenses, including attorneys’ fees, incurred by Landlord in connection therewith, together with interest at the Lease Interest Rate from the respective dates of Landlord’s making a deposit of the payment or obtaining a bondincurring of the cost or expense, which advances if any shall constitute additional rent payable by Tenant under this Lease and shall be paid by the Company Tenant to Landlord within fifteen (15) days after demand. (d) Notwithstanding anything to the Director contrary in this Lease or in any other writing signed by Landlord, neither this Lease nor any other writing signed by Landlord shall be construed as evidencing, indicating, or causing an appearance that any erection, construction, alteration or repair to be done, or caused to be done, by Tenant is or was in fact for the immediate use and benefit of Landlord. Further, notwithstanding anything contained herein to the contrary, nothing contained in or contemplated by this Lease shall be deemed or construed in any way to constitute the consent or request on demandthe part of Landlord for the performance of any work or services or the furnishing of any materials for which any lien could be filed against the Building or the Property or any part of any thereof, together with interest thereon at nor as giving Tenant any right, power, or authority to contract for or permit the Interest Rate performance of any work or services or the furnishing of any materials for Advances which any lien could be filed against the Building, the Property or any part of either thereof. (e) Prior to commencement of any work or the delivery of any material to the Building by any contractor, subcontractor or materialman engaged by Tenant, Tenant shall deliver to the Landlord a waiver of liens (herein called “Waiver of Liens”) from each such contractor in form attached hereto as Exhibit “H”, bearing a stamp from the date Prothonotary’s Office in ▇▇▇▇▇▇▇ County indicating the timely filing of the Waiver of Liens under the Mechanics Lien Law of Pennsylvania, 49 P.S.A. Section 14.02. The Waiver of Liens shall provide, among other things, that the contractor, for itself and all subcontractors, materialmen and other persons providing labor, services, material or work under Tenant, waives any and all lien rights that it or any of them may have against Landlord’s interest in the Property or any part thereof, in addition to all other payments to be made by . Tenant shall file the Company pursuant to the Loan Documents Waivers of Liens at Tenant’s sole cost and shall be subject to and secured by this Security Agreement as additional indebtedness in accordance with the provisions of Section 2.8 hereofexpense.

Appears in 1 contract

Sources: Lease Agreement (MEDecision, Inc.)

Mechanics' and Other Liens. Except for Permitted EncumbrancesTenant shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the Company interest of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with Tenant, including those who may furnish materials or perform labor for any construction or repairs, and each such claim shall not suffer affect and each such lien shall attach to, if at all, only the leasehold interest granted to Tenant by this Lease. Tenant covenants and agrees that it will pay or permit any mechanics' or other Liens cause to be filed or to exist against the Collateral or paid all sums legally due and payable by it on account of any payments paid or payable under the Loan Documents, by reason of work, labor, services labor performed or materials supplied or claimed to have been supplied to, for or furnished in connection with any work performed on the Collateral Premises on which any lien is or to can be validly and legally asserted against its leasehold interest in the CompanyPremises or the improvements thereon and that it will save and hold Landlord harmless from any and all loss, liability, cost or expense based on or arising out of asserted claims or liens against the Director leasehold estate or anyone holding against the Collateral or any part thereof through right, title and interest of the Landlord in the Premises or under the Companyterms of this Lease. Tenant will not permit any mechanic’s lien or liens or any other liens which may be imposed by law affecting Landlord’s or its Mortgagees’ interest in the Premises or the Building to be placed upon the Premises or the Building arising out of any action or claimed action by Tenant, and in case of the filing of any such lien Tenant will promptly pay same. If any such Lien lien shall at any time be filed, the Company shall, within thirty remain in force and effect for twenty (3020) days after written notice thereof from Landlord to Tenant, Landlord shall have the right and privilege of paying and discharging the filing same or any portion thereof but subject without inquiry as to the right validity thereof, and any amounts so paid, including expenses and interest, shall be so much additional rent hereunder due from Tenant to contest as herein set forth, cause the same Landlord and shall be paid to be discharged Landlord immediately on rendition of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise▇▇▇▇ therefor. Notwithstanding the foregoing, the Company Tenant shall have the right, at the Company's expense and after written notice to the Director, by appropriate proceeding timely instituted and diligently prosecuted, right to contest any such lien in good faith the validity or the amount of and with all due diligence so long as any such Lien. Ifcontest, howeveror action taken in connection therewith, protects the Director shall notify the Company that, interest of Landlord and Landlord’s Mortgagee in the opinion of Independent CounselPremises, and Landlord and any such Mortgagee are, by nonpayment the expiration of said twenty (20) day period, furnished such protection, and indemnification against any loss, liability, cost or expense related to any such items lien and the lien, pledge or security interest created by this Security Agreement contest thereof as are satisfactory to Landlord and any part of the Collateral will be materially affected or the Collateral or any part thereof will be subject to imminent loss or forfeiture, the Company shall promptly cause such Lien to be discharged of record, as herein provided. Should the Company fail to cause such Lien to be discharged or to contest the validity or amount thereof, within the period aforesaid, then, the Director may, but shall be under no obligation to, discharge the same either by paying the claim or by procuring the discharge of such Lien by making a deposit or obtaining a bond, which advances if any shall be paid by the Company to the Director on demand, together with interest thereon at the Interest Rate for Advances from the date thereof, in addition to all other payments to be made by the Company pursuant to the Loan Documents and shall be subject to and secured by this Security Agreement as additional indebtedness in accordance with the provisions of Section 2.8 hereofMortgagee.

Appears in 1 contract

Sources: Office Lease Agreement (RestorGenex Corp)

Mechanics' and Other Liens. Except for Permitted Encumbrances(a) Tenant covenants that it shall not (and has no authority to) create or allow any encumbrance against the Premises, the Company Property, the Building or any part of any of them or Landlord’s interest therein. (b) Tenant covenants that it shall not suffer or permit any mechanics' or other Liens to be filed created, or to exist against the Collateral remain, any lien or claim thereof (arising out of any payments paid work done or payable under the Loan Documentsservices, by reason of workmaterial, labor, services equipment or materials supplied or claimed to have been supplied to, supplies furnished for or in connection with at the Collateral request of Tenant or to by or for any contractor or subcontractor of Tenant) which is or may become a lien upon the CompanyPremises, the Director or anyone holding Property, the Collateral Building or any part thereof through of any of them or under the Company. income therefrom or any fixture, equipment or similar property therein. (c) If any such Lien lien or claim shall at any time be filed, the Company shallTenant, within thirty fifteen (3015) business days after notice of the filing thereof but subject to the right to contest as herein set forththereof, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction bond or otherwise. Notwithstanding the foregoing, the Company If Tenant shall have the right, at the Company's expense and after written notice to the Director, by appropriate proceeding timely instituted and diligently prosecuted, to contest in good faith the validity or the amount of any such Lien. If, however, the Director shall notify the Company that, in the opinion of Independent Counsel, by nonpayment of any such items the lien, pledge or security interest created by this Security Agreement as to any part of the Collateral will be materially affected or the Collateral or any part thereof will be subject to imminent loss or forfeiture, the Company shall promptly cause such Lien to be discharged of record, as herein provided. Should the Company fail to cause such Lien lien or claim to be discharged or to contest the validity or amount thereof, and removed from record within the period aforesaidthat period, then, without obligation to investigate the Director validity thereof and in addition to any other right or remedy Landlord may have, Landlord may, but shall not be under no obligation obligated to, discharge contest the same either by paying the lien or claim or discharge it by procuring payment, deposit, bond or otherwise; and Landlord shall be entitled, if Landlord so decides, to compel the discharge prosecution of an action for the foreclosure of such Lien lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest and costs. Any amounts so paid by Landlord and all costs and expenses, including attorneys’ fees, incurred by Landlord in connection therewith, together with interest at the Lease Interest Rate from the respective dates of Landlord’s making a deposit of the payment or obtaining a bondincurring of the cost or expense, which advances if any shall constitute additional rent payable by Tenant under this Lease and shall be paid by the Company Tenant to Landlord within fifteen (15) business days after demand. (d) Notwithstanding anything to the Director contrary in this Lease or in any other writing signed by Landlord, neither this Lease nor any other writing signed by Landlord shall be construed as evidencing, indicating, or causing an appearance that any erection, construction, alteration or repair to be done, or caused to be done, by Tenant is or was in fact for the immediate use and benefit of Landlord. Further, notwithstanding anything contained herein to the contrary, nothing contained in or contemplated by this Lease shall be deemed or construed in any way to constitute the consent or request on demandthe part of Landlord for the performance of any work or services or the furnishing of any materials for which any lien could be filed against the Premises or the Building or the Property or any part of any of them, together with interest thereon at nor as giving Tenant any right, power, or authority to contract for or permit the Interest Rate performance of any work or services or the furnishing of any materials for Advances which any lien could be filed against the Premises, the Building, the Property or any part of any of them. (e) Prior to commencement of any work or the delivery of any material to the Premises by any contractor, subcontractor or materialman engaged by Tenant, Tenant shall deliver to the Landlord a waiver of liens (herein called “Waiver of Liens”) from each such contractor in form satisfactory to Landlord, bearing a stamp from the date Prothonotary’s Office in ▇▇▇▇▇▇▇ County indicating the timely filing of the Waiver of Liens under the Mechanics Lien Law of Pennsylvania. The Waiver of Liens shall provide, among other things, that the contractor, for itself and all subcontractors, materialmen and other persons providing labor, services, material or work under Tenant, waives any and all lien rights that it or any of them may have against Landlord’s interest in the Property or any part thereof, in addition to all other payments to be made by . Tenant shall file the Company pursuant to the Loan Documents Waivers of Liens at Tenant’s sole cost and shall be subject to and secured by this Security Agreement as additional indebtedness in accordance with the provisions of Section 2.8 hereofexpense.

Appears in 1 contract

Sources: Lease Agreement (Ym Biosciences Inc)

Mechanics' and Other Liens. Except for Permitted Encumbrances, the Company Section 12.1 Tenant shall not suffer or permit any mechanics' mechanic's or other Liens liens to be filed or to exist against the Collateral Demised Premises, or any payments paid part thereof, or payable under the Loan Documentsagainst Tenant's leasehold estate therein, by reason of any work, labor, services or materials supplied done for, or supplied, or claimed to have been done for, or supplied to, for or in connection with the Collateral or to the Company, the Director Tenant or anyone holding the Collateral Demised Premises or any part thereof through or under the CompanyTenant. If any such Lien mechanic's lien shall at any time be filedfiled against the Demised Premises, the Company shall, within thirty (30) days after notice of the filing thereof but subject to the right to contest as herein set forth, Tenant shall promptly cause the same such mechanic's lien to be discharged of record by either payment, deposit, bond, order of a court of competent jurisdiction bond or otherwise. Notwithstanding the foregoing, the Company If Tenant shall have the right, at the Company's expense and after written notice fail to the Director, by appropriate proceeding timely instituted and diligently prosecuted, to contest in good faith the validity or the amount discharge of record any such Lien. Ifmechanic's lien within 60 days after Tenant receives notice thereof, however, the Director shall notify the Company thator within such shorter period of time as may be required under any Fee Mortgage (but not less than 30 days) then, in the opinion of Independent Counsel, by nonpayment of any such items the lien, pledge or security interest created by this Security Agreement as addition to any part other right or remedy of the Collateral will be materially affected or the Collateral or any part thereof will be subject to imminent loss or forfeitureLandlord, the Company shall promptly cause such Lien to be discharged of record, as herein provided. Should the Company fail to cause such Lien to be discharged or to contest the validity or amount thereof, within the period aforesaid, then, the Director Landlord may, but shall not be under no obligation obligated to, discharge the same either by paying the claim or by procuring procure the discharge of such Lien lien of record, and Tenant shall, within 20 days after, written demand by making a deposit or obtaining a bondLandlord, which advances if any shall be paid reimburse Landlord for all costs and expenses (including reasonable attorney's fees) reasonably 169 incurred by the Company to the Director on demand, Landlord in discharging such lien of record together with interest thereon at the Interest Rate for Advances from the date of demand by Landlord until paid by Tenant. Section 12.2 Nothing contained in this lease shall be deemed to be, or construed in any way as constituting, the consent or request of Landlord, express or implied, by inference or otherwise, to any third party for the performance of any labor or the furnishing of any materials or equipment for any construction, rebuilding, alteration, improvement or repair of or to the Demised Premises or any part thereof, nor as giving Tenant any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials or equipment which might in addition any way give rise to the right to file any lien against Landlord's interest in the Demised Premises. Landlord hereby gives notice to all other payments persons who may furnish labor or materials to be made by Tenant at the Company pursuant Demised Premises that Landlord does not consent to the Loan Documents filing of any mechanic's or other lien against Landlord's interest or estate in the Demised Premises, and that all persons furnishing labor and materials to Tenant shall be subject look solely to Tenant's credit and secured by this Security Agreement such security as additional indebtedness in accordance with Tenant may furnish for the provisions payment of Section 2.8 hereofall such labor and materials.

Appears in 1 contract

Sources: Asset Purchase Agreement (American Coin Merchandising Inc)

Mechanics' and Other Liens. Except for Permitted Encumbrances25.1 Tenant covenants that it shall not (and has no authority to) create or allow any encumbrance against the Premises, the Company Property, or any part of any thereof or of Landlord's interest therein. 25.2 Tenant covenants that it shall not suffer or permit any mechanics' or other Liens to be filed created, or to exist against remain, any lien or claim thereof (arising out of any work done or services, material, equipment or supplies furnished for or at the Collateral request of Tenant or by or for any payments paid contractor or payable under the Loan Documentssubcontractor of Tenant, by reason of other than work, labormaterials, services equipment or materials supplied supplies furnished by Landlord) which is or claimed to have been supplied to, for or in connection with may become a lien upon the Collateral or to the CompanyPremises, the Director or anyone holding the Collateral Property, or any part of any thereof through or under the Company. income therefrom or any fixture, equipment or similar property therein. 25.3 If any such Lien lien or claim shall at any time be filed, the Company shall, Tenant shall within thirty twenty (3020) days after receiving notice of the filing thereof but subject to the right to contest as herein set forththereof, cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction bond or otherwise. Notwithstanding the foregoing, the Company If Tenant shall have the right, at the Company's expense and after written notice to the Director, by appropriate proceeding timely instituted and diligently prosecuted, to contest in good faith the validity or the amount of any such Lien. If, however, the Director shall notify the Company that, in the opinion of Independent Counsel, by nonpayment of any such items the lien, pledge or security interest created by this Security Agreement as to any part of the Collateral will be materially affected or the Collateral or any part thereof will be subject to imminent loss or forfeiture, the Company shall promptly cause such Lien to be discharged of record, as herein provided. Should the Company fail to cause such Lien lien or claim to be discharged or to contest the validity or amount thereof, and removed from record within the period aforesaidthat period, then, without obligation to investigate the Director validity thereof and in addition to any other right or remedy Landlord may have, Landlord may, but shall not be under no obligation obligated to, discharge contest the same either by paying the lien or claim or discharge it by procuring payment, deposit, bond or otherwise; and Landlord shall be entitled, if Landlord so decides, to compel the discharge prosecution of an action for the foreclosure of such Lien lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest and costs. Any amounts so paid by Landlord and all of Landlord's actual costs and expenses, including reasonable attorneys' fees, incurred by Landlord in connection therewith, together with interest at the Lease Interest Rate from the respective dates of Landlord's making a deposit of the payment or obtaining a bondincurring of the cost or expense, which advances if any shall constitute Additional Rent payable by Tenant under this Lease and shall be paid by the Company Tenant to Landlord promptly on demand. 25.4 Notwithstanding anything to the Director contrary in this Lease or in any other writing signed by Landlord, neither this Lease nor any other writing signed by Landlord shall be construed as evidencing, indicating, or causing an appearance that any erection, construction, alteration or repair to be done, or caused to be done, by Tenant is or was in fact for the immediate use and benefit of Landlord. Further, notwithstanding anything contained herein to the contrary, nothing contained in or contemplated by this Lease shall be deemed or construed in any way to constitute the consent or request on demand, together with interest thereon at the Interest Rate part of Landlord for Advances from the date performance of any work or services or the furnishing of any materials for which any lien could be filed against the Premises or the Property or any part of any thereof, in addition nor as giving Tenant any right, power, or authority to all other payments to contract for or permit the performance of any work or services or the furnishing of any materials for which any lien could be made by filed against the Company pursuant to Premises, the Loan Documents and shall be subject to and secured by this Security Agreement as additional indebtedness in accordance with the provisions Property or any part of Section 2.8 hereofany thereof.

Appears in 1 contract

Sources: Office Lease (Pennsylvania Manufacturing Corp)

Mechanics' and Other Liens. Except for Permitted Encumbrances, the Company Section 901. Tenant shall not suffer or permit any mechanics' mechanic's liens or other Liens liens to be filed or to exist against the Collateral Demised Premises or the Development Improvements, or any payments paid part thereof, or payable under against Tenant's leasehold estate therein, or against the Loan Documents, Development Improvements by reason of any work, labor, services or materials supplied done for, or claimed to have been supplied to, for or in connection with the Collateral or to the Company, the Director Tenant or anyone holding the Collateral Demised Premises or Development Improvements (except work or services provided to the Landlord) or any part thereof through or under the CompanyTenant or any other reason. If any such Lien lien shall be filed at any time be filedtime, the Company shall, within thirty (30) days after notice of the filing thereof but subject to the right to contest as herein set forth, Tenant shall cause the same to be discharged of record within ninety (90) days after the date of filing the same, by either payment, deposit, deposit or bond, order of a court of competent jurisdiction or otherwise. Notwithstanding the foregoing, the Company If Tenant shall have the right, at the Company's expense and after written notice fail to the Director, by appropriate proceeding timely instituted and diligently prosecuted, to contest in good faith the validity or the amount of discharge any such Lien. If, however, the Director shall notify the Company that, in the opinion of Independent Counsel, by nonpayment of lien within such period and has failed to commence any legal action to discharge any such items the lien, pledge or security interest created by this Security Agreement as to any part of the Collateral will be materially affected or the Collateral or any part thereof will be subject to imminent loss or forfeiture, the Company shall promptly cause such Lien to be discharged of record, as herein provided. Should the Company fail to cause such Lien to be discharged or to contest the validity or amount thereof, within the period aforesaid, then, the Director in addition, to any other right or remedy of Landlord, Landlord may, but shall not be under no obligation obligated to, procure the discharge of the same either by paying the claim deposit in court or by bond and/or Landlord shall be entitled, at Landlord's option, to compel the prosecution of an action for the foreclosure of such mechanic's lien by the lienor and to pay the amount of the judgment, if any, in favor of the lienor with interest, costs and allowance. Any amount paid by Landlord for any of said purposes, and all reasonable counsel fees, in defending any such action or in procuring the discharge of any such Lien lien shall become due and payable forthwith by making a deposit or obtaining a bondTenant to Landlord, which advances if any and failure to pay same within thirty (30) days of Tenant's receipt of billing therefor and notice of demand for payment thereof shall be paid by the Company to the Director on demand, together with interest thereon at the Interest Rate for Advances from the date thereof, in addition to all other payments to be made by the Company pursuant to the Loan Documents and shall be a default of this Lease Agreement subject to and secured by this Security Agreement as additional indebtedness in accordance with the provisions of Section 2.8 Article XI hereof.

Appears in 1 contract

Sources: Lease Agreement (SFX Entertainment Inc)

Mechanics' and Other Liens. Except for Permitted Encumbrances25.1. Tenant covenants that it shall not (and has no authority to) create or allow any encumbrance against the Premises, the Company Property, or any part of any thereof or of Landlord's interest therein. 25.2. Tenant covenants that it shall not suffer or permit any mechanics' or other Liens to be filed created, or to exist against the Collateral remain, any lien or claim thereof (arising out of any payments paid work done or payable under the Loan Documentsservices, by reason of workmaterial, labor, services equipment or materials supplied or claimed to have been supplied to, supplies furnished for or in connection with at the Collateral request of Tenant or to by or for any contractor or subcontractor of Tenant, other than such furnished by Landlord) which is or may become a lien upon the CompanyPremises, the Director or anyone holding the Collateral Property, or any part of any thereof through or under the Companyincome therefrom or any fixture, equipment or similar property therein. 25.3. If any such Lien lien or claim shall at any time be filed, the Company shall, Tenant shall within thirty ten (3010) days after notice of the filing thereof but subject to the right to contest as herein set forththereof, cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction bond or otherwise. Notwithstanding the foregoing, the Company If Tenant shall have the right, at the Company's expense and after written notice to the Director, by appropriate proceeding timely instituted and diligently prosecuted, to contest in good faith the validity or the amount of any such Lien. If, however, the Director shall notify the Company that, in the opinion of Independent Counsel, by nonpayment of any such items the lien, pledge or security interest created by this Security Agreement as to any part of the Collateral will be materially affected or the Collateral or any part thereof will be subject to imminent loss or forfeiture, the Company shall promptly cause such Lien to be discharged of record, as herein provided. Should the Company fail to cause such Lien lien or claim to be discharged or to contest the validity or amount thereof, and removed from record within the period aforesaidthat period, then, without obligation to investigate the Director validity thereof and in addition to any other right or remedy Landlord may have, Landlord may, but shall not be under no obligation obligated to, discharge contest the same either by paying the lien or claim or discharge it by procuring payment, deposit, bond or otherwise; and Landlord shall be entitled, if Landlord so decides, to compel the discharge prosecution of an action for the foreclosure of such Lien lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest and costs. Any amounts so paid by Landlord and all costs and expenses, including attorneys' fees, incurred by Landlord in connection therewith, together with interest at the Lease Interest Rate from the respective dates of Landlord's making a deposit of the payment or obtaining a bondincurring of the cost or expense, which advances if any shall constitute Additional Rent payable by Tenant under this Lease and shall be paid by the Company Tenant to Landlord promptly on demand. 25.4. Notwithstanding anything to the Director contrary in this Lease or in any other writing signed by Landlord, neither this Lease nor any other writing signed by Landlord shall be construed as evidencing, indicating, or causing an appearance that any erection, construction, alteration or repair to be done, or caused to be done, by Tenant is or was in fact for the immediate use and benefit of Landlord. Further, notwithstanding anything contained herein to the contrary, nothing contained in or contemplated by this Lease shall be deemed or construed in any way to constitute the consent or request on demand, together with interest thereon at the Interest Rate part of Landlord for Advances from the date performance of any work or services or the furnishing of any materials for which any lien could be filed against the Premises or the Property or any part of any thereof, in addition nor as giving Tenant any right, power, or authority to all other payments to contract for or permit the performance of any work or services or the furnishing of any materials for which any lien could be made by filed against the Company pursuant to Premises, the Loan Documents and shall be subject to and secured by this Security Agreement as additional indebtedness in accordance with the provisions Property or any part of Section 2.8 hereofany thereof.

Appears in 1 contract

Sources: Office Lease (Real Media Inc)

Mechanics' and Other Liens. Except for Permitted Encumbrances, the Company shall not suffer or permit any mechanics' or other Liens to be filed or to exist against the Collateral or any payments paid or payable under the Loan Documents, by reason of work, labor, services or materials supplied or claimed to have been supplied to, for or in connection with the Collateral or to the Company, the Director (name of local jurisdiction) or anyone holding the Collateral or any part thereof through or under the Company. If any such Lien shall at any time be filed, the Company shall, within thirty (30) days after notice of the filing thereof but subject to the right to contest as herein set forth, cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. Notwithstanding the foregoing, the Company shall have the right, at the Company's expense and after written notice to the Director(name of local jurisdiction), by appropriate proceeding timely instituted and diligently prosecuted, to contest in good faith the validity or the amount of any such Lien. If, however, the Director (name of local jurisdiction) shall notify the Company that, in the opinion of Independent Counsel, by nonpayment of any such items the lien, pledge or security interest created by this Security Agreement as to any part of the Collateral will be materially affected or the Collateral or any part thereof will be subject to imminent loss or forfeiture, the Company shall promptly cause such Lien to be discharged of record, as herein provided. Should the Company fail to cause such Lien to be discharged or to contest the validity or amount thereof, within the period aforesaid, then, the Director (name of local jurisdiction) may, but shall be under no obligation to, discharge the same either by paying the claim or by procuring the discharge of such Lien by making a deposit or obtaining a bond, which advances if any shall be paid by the Company to the Director (name of local jurisdiction) on demand, together with interest thereon at the Interest Rate for Advances from the date thereof, in addition to all other payments to be made by the Company pursuant to the Loan Documents and shall be subject to and secured by this Security Agreement as additional indebtedness in accordance with the provisions of Section 2.8 hereof.

Appears in 1 contract

Sources: Security Agreement