Common use of Right to Distrain Clause in Contracts

Right to Distrain. At the option of the Landlord, the following shall become fully and immediately due and payable by the Tenant and the Landlord may immediately distrain for the same, together with any arrears then unpaid: (a) the full amount of the current month’s and the next ensuing three months’ installments of Base Rent, (b) all expenses incurred by the Landlord in performing any of the Tenant’s obligations under this Lease, re-entering and re-letting, collecting sums due or payable by the Tenant, effecting seizure and realizing upon assets seized (including brokerage, legal fees and disbursements), and the expense of keeping the Premises in good order, repairing the same and preparing them for re-letting. The Landlord may seize and sell such goods, chattels and equipment of the Tenant whether within the Premises or removed therefrom and may apply the proceeds thereof to all Rent and other payments to which the Landlord is then entitled under this Lease. Any such sale may be effected in the discretion of the Landlord by public auction or otherwise, and either in bulk or by individual item, or partly by one means and partly by another, all as the Landlord in its entire discretion may decide. If any of the Tenant’s property is disposed of as provided in this Section 20.6, ten (10) days’ prior notice to the Tenant of disposition shall be deemed to be commercially reasonable.

Appears in 2 contracts

Samples: Lease of Office Space (Zymeworks Inc.), Lease of Office Space (Zymeworks Inc.)

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Right to Distrain. At If the Tenant is in default pursuant to Section 21.1(a), at the option of the Landlord, Landlord the following shall become fully and immediately due and payable by the Tenant and the Landlord may immediately distrain for the same, together with any arrears then unpaid: (a) the full amount of the current month’s and the next ensuing three months’ installments of Base Rent, (b) all expenses incurred by the Landlord in performing any of the Tenant’s obligations under this Lease, re-entering and re-letting, collecting sums due or payable by the Tenant, effecting seizure and realizing upon assets seized (including brokerage, legal fees and disbursements), and the expense of keeping the Premises in good order, repairing the same and preparing them for re-letting. The Landlord may seize and sell such goods, chattels and equipment of the Tenant whether within the Premises or removed therefrom and may apply the proceeds thereof to all Rent and other payments to which the Landlord is then entitled under this Lease. Any such sale may be effected in the discretion of the Landlord by public auction or otherwise, and either in bulk or by individual item, or partly by one means and partly by another, all as the Landlord in its entire discretion may decide. If any of the Tenant’s property is disposed of as provided in this Section 20.621.6, ten (10) days’ prior notice to the Tenant of disposition shall be deemed to be commercially reasonable.

Appears in 2 contracts

Samples: Lease of Industrial Space (Above Food Ingredients Inc.), Lease Agreement (Dirtt Environmental Solutions LTD)

Right to Distrain. At Upon the occurrence of an Event of Default, at the option of the Landlord, the following shall become fully and immediately due and payable by the Tenant and the Landlord may immediately distrain for the same, together with any arrears then unpaid: (a) the full amount of the current month’s and the next ensuing three (3) months’ installments of Base Rent,; and (b) all expenses incurred by the Landlord in performing after an Event of Default any of the Tenant’s obligations under this Lease, re-entering and re-letting, collecting sums due or payable by the Tenant, effecting seizure and realizing upon assets seized (including brokerage, legal fees and disbursements), and the expense of keeping the Premises in good order, repairing the same and preparing them for re-letting. The Upon the occurrence of an Event of Default, the Landlord may seize and sell such goods, chattels and equipment of the Tenant whether within the Premises or removed therefrom and may apply the proceeds thereof to all Rent and other payments to which the Landlord is then entitled under this Lease, and the Tenant waives or renounces the benefit of any present or future law taking away or limiting the Landlord’s right of distress on the property of the Tenant. Any such sale may be effected in the discretion of the Landlord by public auction or otherwise, and either in bulk or by individual item, or partly by one means and partly by another, all as the Landlord in its entire discretion may decide. If any of the Tenant’s property is disposed of as provided in this Section 20.620.4, ten (10) days’ prior notice to the Tenant of disposition shall be deemed to be commercially reasonable.

Appears in 1 contract

Samples: Office Lease (Lululemon Corp.)

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Right to Distrain. At Upon the occurrence of an Event of Default at the option of the Landlord, the following shall become fully and immediately due and payable by the Tenant and the Landlord may immediately distrain for the same, together with any arrears then unpaid: (a) the full amount of the current month’s and the next ensuing three months’ installments instalments of Base Rent, (b) all expenses incurred by the Landlord in performing any of the Tenant’s obligations under this LeaseLease in respect of which an Event of Default has occurred, re-entering and re-letting, collecting sums due or payable by the Tenant, effecting seizure and realizing upon assets seized (including brokerage, legal fees and disbursements), and the expense of keeping the Premises in good order, repairing the same and preparing them for re-letting. The Upon the occurrence of an Event of Default, the Landlord may seize and sell such goods, chattels and equipment of the Tenant whether within the Premises or removed therefrom and may apply the proceeds thereof to all Rent and other payments to which the Landlord is then entitled under this Lease, and the Tenant waives or renounces the benefit of any present or future law taking away or limiting the Landlord’s right of distress on the property of the Tenant. Any such sale may be effected in the discretion of the Landlord by public auction or otherwise, and either in bulk or by individual item, or partly by one means and partly by another, all as the Landlord in its entire discretion may decide. If any of the Tenant’s property is disposed of as provided in In this Section 20.621.4, ten (10) days’ prior notice to the Tenant of disposition shall be deemed to be commercially reasonable.

Appears in 1 contract

Samples: Lease of Industrial Space (Lululemon Corp.)

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