Common use of Security and Restoration Deposit Clause in Contracts

Security and Restoration Deposit. Upon the execution of this Lease, Tenant shall deposit with Landlord the Security and Restoration Deposit. Said deposit shall be held by Landlord as security for the faithful performance by Tenant of all the terms of this Lease by said Tenant to be observed and performed. The security deposit shall not be mortgaged, assigned, transferred or encumbered by Tenant without the written consent of Landlord and any such act on the part of Tenant shall be without force and effect and shall not be binding upon Landlord. If the Additional Rent, Taxes or any other sum payable hereunder shall be overdue and unpaid or should Landlord make payments on behalf of the Tenant, or Tenant shall fail to perform any of the terms of this Lease and such failure continues beyond the expiration of applicable notice and cure periods (except in the case of emergency where there is imminent threat of harm to persons or property, where no notice and cure period shall apply), then Landlord may, at its option and without prejudice to any other remedy which Landlord may have on account thereof, appropriate and apply said entire deposit or so much thereof as may be necessary to compensate Landlord toward the payment of the Additional Rent or other sums or loss or damage sustained by Landlord due to such breach on the part of Tenant; and Tenant shall forthwith upon demand restore said security to the original sum deposited. Should Tenant comply with all of said terms and promptly pay all of the rentals as they fall due and all other sums payable by Tenant to Landlord, said deposit shall be returned in full to Tenant at the end of the term. In the event of bankruptcy or other creditor-debtor proceedings against Tenant, all securities shall be deemed to be applied first to the payment of rent and other charges due Landlord for all periods prior to the filing of such proceedings.

Appears in 2 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Cynosure Inc)

AutoNDA by SimpleDocs

Security and Restoration Deposit. Upon the Tenant’s execution of this Lease, Tenant shall deposit with Landlord the Security and Restoration Deposit. Said deposit shall be held by Landlord as security for the faithful performance by Tenant of all the terms of this Lease by said Tenant to be observed and performed. The security deposit shall not be mortgaged, assigned, transferred or encumbered by Tenant without the written consent of Landlord and any such act on the part of Tenant shall be without force and effect and shall not be binding upon Landlord. If the Fixed Rent or Additional Rent, Taxes Rent or any other sum payable hereunder shall be overdue and unpaid or should Landlord make payments on behalf of the Tenant, or Tenant shall fail to perform any of the terms of this Lease and such failure continues beyond the expiration of applicable notice and cure periods (except in the case of emergency where there is imminent threat of harm to persons or property, where no notice and cure period shall apply)Lease, then Landlord may, at its option and without prejudice to any other remedy which Landlord may have on account thereof, appropriate and apply said entire deposit or so much thereof as may be necessary to compensate Landlord toward the payment of the Fixed Rent, Additional Rent or other sums or loss or damage sustained by Landlord due to such breach on the part of Tenant; and Tenant shall forthwith upon demand restore said security to the original sum deposited. Should Tenant comply with all of said terms and promptly pay all Within forty-five (45) days following Tenant’s yield-up of the rentals as they fall due and all other sums payable by Tenant to Landlord, said deposit Premises in accordance with the terms hereof Landlord shall be returned in full refund to Tenant at the end said deposit, or so much thereof as may remain after application toward any satisfaction of the term. any obligation of Tenant In the event of bankruptcy or other creditor-debtor proceedings against Tenant, all securities shall be deemed to be applied first to the payment of rent and other charges due Landlord for all periods prior to the filing of such proceedings.

Appears in 1 contract

Samples: Office Lease (Lemaitre Vascular Inc)

Security and Restoration Deposit. Upon the execution of this Lease, Tenant shall deposit with Landlord the Security and Restoration Deposit. Said deposit shall be held by Landlord as security for the faithful performance by Tenant of all the terms of this Lease by said Tenant to be observed and performed. The security deposit shall not be mortgaged, assigned, transferred or encumbered by Tenant without the written consent of Landlord and any such act on the part of Tenant shall be without force and effect and shall not be binding upon Landlord. If the Fixed Rent or Additional Rent, Taxes Rent or any other sum payable hereunder shall be overdue and unpaid or should Landlord make payments on behalf of the Tenant, or Tenant shall fail to perform any of the terms of this Lease and such failure continues beyond the expiration of applicable notice and cure periods (except in the case of emergency where there is imminent threat of harm to persons or property, where no notice and cure period shall apply)Lease, then Landlord may, at its option and without prejudice to any other remedy which Landlord may have on account thereof, appropriate and apply said entire deposit or so much thereof as may be necessary to compensate Landlord toward the payment of the Fixed Rent, Additional Rent or other sums or loss or damage sustained by Landlord due to such breach on the part of Tenant; and Tenant shall forthwith upon demand restore said security to the original sum deposited. Should Tenant comply with all of said terms and promptly pay all Within forty-five (45) days following Tenant’s yield-up of the rentals as they fall due and all other sums payable by Tenant to LandlordPremises in accordance with the terms hereof, said deposit Landlord shall be returned in full refund to Tenant at the end said deposit, or so much thereof as may remain after application toward any satisfaction of the termany obligation of Tenant. In the event of bankruptcy or other creditor-debtor proceedings against Tenant, all securities shall be deemed to be applied first to the payment of rent and other charges due Landlord for all periods prior to the filing of such proceedings.

Appears in 1 contract

Samples: Lemaitre Vascular Inc

Security and Restoration Deposit. Upon Currently, Landlord is in possession of a Security and Restoration Deposit in the execution amount of this $100,000.00 under the 00 Xxxxxx Xxx Lease. Pursuant to an amendment to the 00 Xxxxxx Xxx Lease being executed concurrently herewith, Tenant the parties agree that Landlord shall deposit with Landlord transfer $50,000.00 of the Security and Restoration DepositDeposit currently being held under the 00 Xxxxxx Xxx Lease for Tenant’s account under this Lease, such that said amount shall be the Security and Restoration Deposit required under Section 1.1 of this Lease. Said deposit shall be held by Landlord as security for the faithful performance by Tenant of all the terms of this Lease by said Tenant to be observed and performed. The security deposit shall not be mortgaged, assigned, transferred or encumbered by Tenant without the written consent of Landlord and any such act on the part of Tenant shall be without force and effect and shall not be binding upon Landlord. If the Fixed Rent or Additional Rent, Taxes Rent or any other sum payable hereunder shall be overdue and unpaid or should Landlord make payments on behalf of the Tenant, or Tenant shall fail to perform any of the terms of this Lease and such failure continues beyond the expiration of applicable notice and cure periods (except in the case of emergency where there is imminent threat of harm to persons or property, where no notice and cure period shall apply)Lease, then Landlord may, at its option and without prejudice to any other remedy which Landlord may have on account thereof, appropriate and apply said entire deposit or so much thereof as may be necessary to compensate Landlord toward the payment of the Fixed Rent, Additional Rent or other sums or loss or damage sustained by Landlord due to such breach on the part of Tenant; and Tenant shall forthwith upon demand restore said security to the original sum deposited. Should Tenant comply with all of said terms and promptly pay all Within forty-five (45) days following Tenant’s yield-up of the rentals as they fall due and all other sums payable by Tenant to LandlordPremises in accordance with the terms hereof, said deposit Landlord shall be returned in full refund to Tenant at the end said deposit, or so much thereof as may remain after application toward any satisfaction of the termany obligation of Tenant. In the event of bankruptcy or other creditor-debtor proceedings against Tenant, all securities shall be deemed to be applied first to the payment of rent and other charges due Landlord for all periods prior to the filing of such proceedings.

Appears in 1 contract

Samples: Lemaitre Vascular Inc

Security and Restoration Deposit. Upon the execution of this Lease, Tenant shall deposit with Landlord the Security and Restoration Deposit, which Landlord shall deposit in its name in an interest-bearing account. Said deposit shall be held by Landlord as security for the faithful performance by Tenant of all the terms of this Lease by said Tenant Xxxxxx to be observed and performed. The security deposit shall not be mortgaged, assigned, transferred or encumbered by Tenant without the written consent of Landlord and any such act on the part of Tenant shall be without force and effect and shall not be binding upon Landlord. If the Fixed Rent or Additional Rent, Taxes or any other sum Rent payable hereunder shall be overdue and unpaid following the expiration of all applicable notice and cure periods or should Landlord make payments on behalf of the TenantTenant as permitted hereunder, or Tenant shall fail to perform any of the terms of this Lease and such failure continues beyond after the expiration of all applicable notice and cure periods (except in the case of emergency where there is imminent threat of harm to persons or property, where no notice and cure period shall apply)periods, then Landlord may, at its option and without prejudice to any other remedy which Landlord may have on account thereof, appropriate and apply said entire deposit or so much thereof as may be necessary to compensate Landlord toward the payment of the Fixed Rent, Additional Rent or other sums or loss or damage sustained by Landlord due to such breach on the part of Tenant; and Tenant shall forthwith upon demand restore said security to the original sum deposited. Should Tenant comply with all of said terms and promptly pay all of the rentals as they fall due and all other sums payable by Tenant to Landlord, said deposit and any interest earned xxxxxxx shall be returned in full to Tenant at the end of the term. In the event of bankruptcy or other creditor-debtor proceedings against Tenant, all securities shall be deemed to be applied first to the payment of rent and other charges due Landlord for all periods prior to the filing of such proceedings.

Appears in 1 contract

Samples: Lightbridge Inc

Security and Restoration Deposit. Upon the execution of this LeaseSublease, Tenant Sublessee shall deposit with Landlord deliver to the Sublessor the amount equal to (3) months' ($23,681.00) Basic Rent (the "Security and Restoration Deposit"). Said deposit The Security and Restoration Deposit shall be held by Landlord the Prime Lessor, for the Sublessor's benefit, as security for the faithful performance by Tenant of all the terms of this Lease by said Tenant Sublease to be observed and performedperformed by Sublessee, but may be commingled with other funds of Sublessor as provided below. The security deposit Security and Restoration Deposit shall not be mortgaged, assigned, transferred or encumbered by Tenant without the written consent of Landlord Sublessee and any such act on the part of Tenant Sublessee shall be without force and effect and shall not be binding upon LandlordSublessor. If the Additional Basic Rent, Taxes Additional Rent or any other sum payable payment due hereunder from Sublessee to Sublessor shall be overdue and unpaid beyond any applicable cure period, or should Landlord Sublessor make payments any payment on behalf of the TenantSublessee, or Tenant Sublessee shall fail to perform any of the terms of this Lease and such failure continues beyond Sublease, then at the expiration of any applicable notice and cure periods (except in the case of emergency where there is imminent threat of harm to persons or propertyperiod, where no notice and cure period shall apply), then Landlord Sublessor may, at its option and without notice or prejudice to any other remedy which Landlord Sublessor may have on account thereof, appropriate and apply said entire deposit or so much thereof of the Security Deposit as may be necessary to compensate Landlord Sublessor toward the payment of the Basic Rent, Additional Rent or other sums or loss or damage sustained by Landlord Sublessor due to such breach on the part of Tenantby Sublessee; and Tenant Sublessee shall forthwith upon within ten (10) days of demand by Sublessor restore said security the Security Deposit to the original sum deposited. Should Tenant comply Sublessor shall promptly return the Security Deposit, or so much thereof as shall have not theretofore been applied in accordance with all of said the terms and promptly pay all hereof, less any amounts due from, but unpaid by, Sublessee hereunder, to Sublessee within thirty (30) days of the rentals as they fall due expiration or earlier termination of this Sublease and all other sums payable by Tenant to Landlord, said deposit shall be returned in full to Tenant at the end surrender of possession of the termSubleased Premises by Sublessee to Sublessor in accordance with the terms of this Sublease. In no event shall the event of bankruptcy Security Deposit be applied against monthly Basic Rent, Additional Rent or other creditor-debtor proceedings against Tenantpayments due hereunder from Sublessee without such amount's being restored as set forth above. While Sublessor holds the Security Deposit, all securities Sublessor shall be deemed have no obligation to be applied first pay interest on the same and shall have the right to commingle the payment of rent and same with Sublessor's other charges due Landlord for all periods prior to the filing of such proceedingsfunds.

Appears in 1 contract

Samples: Multicell Technologies Inc.

Security and Restoration Deposit. Upon the Xxxxxx’s execution of this Lease, Tenant shall deposit with Landlord the Security and Restoration Deposit. Said deposit shall be held by Landlord as security for the faithful performance by Tenant of all the terms of this Lease by said Tenant Xxxxxx to be observed and performed. The security deposit shall not be mortgaged, assigned, transferred or encumbered by Tenant without the written consent of Landlord and any such act on the part of Tenant shall be without force and effect and shall not be binding upon Landlord. If the Fixed Rent or Additional Rent, Taxes Rent or any other sum payable hereunder shall be overdue and unpaid or should Landlord make payments on behalf of the Tenant, or Tenant shall fail to perform any of the terms of this Lease and such failure continues beyond the expiration of applicable notice and cure periods (except in the case of emergency where there is imminent threat of harm to persons or property, where no notice and cure period shall apply)Lease, then Landlord may, at its option and without prejudice to any other remedy which Landlord may have on account thereof, appropriate and apply said entire deposit or so much thereof as may be necessary to compensate Landlord toward the payment of the Fixed Rent, Additional Rent or other sums or loss or damage sustained by Landlord due to such breach on the part of Tenant; and Tenant shall forthwith upon demand restore said security to the original sum deposited. Should Tenant comply with all of said terms and promptly pay all of the rentals as they fall due and all other sums payable by Tenant to Landlord, said deposit shall be returned in full to Tenant at within forty -five (45) days after the end of the term. In the event of bankruptcy or other creditor-debtor proceedings against Tenant, all securities shall be deemed to be applied first to the payment of rent and other charges due Landlord for all periods prior to the filing of such proceedings.

Appears in 1 contract

Samples: Office Lease (Capstone Dental Pubco, Inc.)

Security and Restoration Deposit. Upon the execution of this Lease, Tenant shall deposit with Landlord the Security and Restoration Deposit, which Landlord shall deposit in its name in an interest-bearing account. Said deposit shall be held by Landlord as security for the faithful performance by Tenant of all the terms of this Lease by said Tenant Xxxxxx to be observed and performed. The security deposit shall not be mortgaged, assigned, transferred or encumbered by Tenant without the written consent of Landlord and any such act on the part of Tenant shall be without force and effect and shall not be binding upon Landlord. If the Fixed Rent or Additional Rent, Taxes or any other sum Rent payable hereunder shall be overdue and unpaid or should Landlord make payments on behalf of the Tenant, or Tenant shall fail to perform any of the terms of this Lease and such failure continues in all cases beyond the expiration of all applicable notice and cure periods (except in the case of emergency where there is imminent threat of harm to persons or property, where no notice and cure period shall apply)periods, then Landlord may, at its option and without prejudice to any other remedy which Landlord may have on account thereof, appropriate and apply said entire deposit or so much thereof as may be necessary to compensate Landlord toward the payment of the Fixed Rent, Additional Rent or other sums or loss or damage sustained by Landlord due to such breach on the part of Tenant; and Tenant shall forthwith upon demand restore said security to the original sum deposited. Should Tenant comply with all of said terms and promptly pay all of the rentals as they fall due and all other sums payable by Tenant to Landlord, said deposit and any interest earned xxxxxxx shall be returned resumed in full to Tenant at the end of the term. In the event of bankruptcy or other creditor-debtor proceedings against Tenant, all securities shall be deemed to be applied first to the payment of rent and other charges due Landlord for all periods prior to the filing of such proceedings. If Tenant has any net income for any quarter of a fiscal year of Tenant, and provides Landlord with an audited statement reporting such net income, and provided Tenant is not then in default under this Lease, the Security and Restoration Deposit shall be reduced to an amount equal to the product of the Monthly Fixed Rent Rate then in effect times four, and Landlord shall promptly return to Tenant the amount necessary to effect such reduction. This reduction shall only be effected one time during the term of this Lease.

Appears in 1 contract

Samples: Ibasis Inc

AutoNDA by SimpleDocs

Security and Restoration Deposit. Upon the execution of this Lease, Tenant shall deposit with Landlord the Security and Restoration Deposit. Upon the second anniversary of the lease term, Tenant shall deposit with Landlord an additional security and restoration deposit equal to twenty-five thousand ($25,000.00) dollars, which additional deposit shall be added to and become a part of the Security and Restoration Deposit. Said deposit shall be held by Landlord as security for the faithful performance by Tenant of all the terms of this Lease by said Tenant Xxxxxx to be observed and performed. The security deposit shall not be mortgaged, assigned, transferred or encumbered by Tenant without the written consent of Landlord and any such act on the part of Tenant shall be without force and effect and shall not be binding upon Landlord. If the Fixed Rent or Additional Rent, Taxes Rent or any other sum payable hereunder shall be overdue and unpaid or should Landlord make payments on behalf of the Tenant, or Tenant shall fail to perform any of the terms of this Lease and such failure continues beyond the expiration of applicable notice and cure periods (except in the case of emergency where there is imminent threat of harm to persons or property, where no notice and cure period shall apply)Lease, then Landlord may, at its option and without prejudice to any other remedy which Landlord may have on account thereof, appropriate and apply said entire deposit or so much thereof as may be necessary to compensate Landlord toward the payment of the Fixed Rent, Additional Rent or other sums or loss or damage sustained by Landlord due to such breach on the part of Tenant; and Tenant shall forthwith upon demand restore said security to the original sum deposited. Should Tenant comply with all of said terms and promptly pay all of the rentals as they fall due and all other sums payable by Tenant to Landlord, said deposit shall be returned in full to Tenant at the end of the term. In the event of bankruptcy or other creditor-debtor proceedings against Tenant, all securities shall be deemed to be applied first to the payment of rent and other charges due Landlord for all periods prior to the filing of such proceedings.

Appears in 1 contract

Samples: Lemaitre Vascular Inc

Security and Restoration Deposit. Upon the Tenant’s execution of this Lease, Tenant shall deposit with Landlord the Security and Restoration Deposit. Said deposit shall be held by Landlord as security for the faithful performance by Tenant of all the terms of this Lease by said Tenant to be observed and performed. The security deposit shall not be mortgaged, assigned, transferred or encumbered by Tenant without the written consent of Landlord and any such act on the part of Tenant shall be without force and effect and shall not be binding upon Landlord. If the Fixed Rent or Additional Rent, Taxes Rent or any other sum payable hereunder shall be overdue and unpaid or should Landlord make payments on behalf of the Tenant, or Tenant shall fail to perform any of the terms of this Lease and such failure continues beyond the expiration of applicable notice and cure periods (except in the case of emergency where there is imminent threat of harm to persons or property, where no notice and cure period shall apply)Lease, then Landlord may, at its option and without prejudice to any other remedy which Landlord may have on account thereof, appropriate and apply said entire deposit or so much thereof as may be necessary to compensate Landlord toward the payment of the Fixed Rent, Additional Rent or other sums or loss or damage sustained by Landlord due to such breach on the part of Tenant; and Tenant shall forthwith upon demand restore said security to the original sum deposited. Should Tenant comply with all of said terms and promptly pay all of the rentals as they fall due and all other sums payable by Tenant to Landlord, said deposit shall be returned in full to Tenant at within forty-five (45) days after the end of the termTerm. In the event of bankruptcy or other creditor-debtor proceedings against Tenant, all securities shall be deemed to be applied first to the payment of rent and other charges due Landlord for all periods prior to the filing of such proceedings.

Appears in 1 contract

Samples: Office Lease (Desktop Metal, Inc.)

Security and Restoration Deposit. Upon the execution of this Lease, Tenant shall deposit with Landlord the Security and Restoration Deposit; provided, however, Landlord shall cause the security deposit under Tenant's existing lease at 00 Xxxxx Xxxxxx, or so much thereof that is remaining in accordance with the Termination Agreement, to be transferred and applied to the Security and Restoration Deposit hereunder. Said deposit shall be held by Landlord as security for the faithful performance by Tenant of all the terms of this Lease by said Tenant Xxxxxx to be observed and performed. The security deposit shall not be mortgaged, assigned, transferred or encumbered by Tenant without the written consent of Landlord and any such act on the part of Tenant shall be without force and effect and shall not be binding upon Landlord. If the Fixed Rent or Additional Rent, Taxes Rent or any other sum payable hereunder shall be overdue and unpaid beyond the expiration of any and all applicable notice and cure periods hereunder, or should Landlord make payments on behalf of the Tenant, or Tenant shall fail to perform any of the terms of this Lease and such failure continues beyond the expiration of any and all applicable notice and cure periods (except in the case of emergency where there is imminent threat of harm to persons or property, where no notice and cure period shall apply)hereunder, then Landlord may, at its option and without prejudice to any other remedy which Landlord may have on account thereof, appropriate and apply said entire deposit or so much thereof as may be necessary to compensate Landlord toward the payment of the Fixed Rent, Additional Rent or other sums or loss or damage sustained by Landlord due to such breach on the part of Tenant; and Tenant shall forthwith upon demand restore said security to the original sum deposited. Should Tenant comply with all of said terms and promptly pay all of the rentals as they fall due and all other sums payable by Tenant to Landlord, said deposit shall be returned in full to Tenant at the end of the term. In the event of bankruptcy or other creditor-debtor proceedings against Tenant, all securities shall be deemed to be applied first to the payment of rent and other charges due Landlord for all periods prior to the filing of such proceedings.

Appears in 1 contract

Samples: Ezenia Inc

Security and Restoration Deposit. Upon the Xxxxxx’s execution of this Lease, Tenant shall deposit with Landlord the Security and Restoration Deposit. Said deposit shall be held by Landlord as security for the faithful performance by Tenant of all the terms of this Lease by said Tenant Xxxxxx to be observed and performed. The security deposit Security and Restoration Deposit shall not be mortgaged, assigned, transferred or encumbered by Tenant without the written consent of Landlord and any such act on the part of Tenant shall be without force and effect and shall not be binding upon Landlord. If the Fixed Rent or Additional Rent, Taxes Rent or any other sum payable hereunder shall be overdue and unpaid or should Landlord make payments on behalf of the Tenant, or Tenant shall fail to perform any of the terms of this Lease and such failure continues beyond the expiration of applicable notice and cure periods (except in the case of emergency where there is imminent threat of harm to persons or property, where no notice and cure period shall apply)Lease, then Landlord may, at its option and without prejudice to any other remedy which Landlord may have on account thereof, appropriate and apply said entire deposit or so much thereof as may be necessary to compensate Landlord toward the payment of the Fixed Rent, Additional Rent or other sums or loss or damage sustained by Landlord due to such breach on the part of Tenant; and Tenant shall forthwith upon within five (5) business days of demand restore said security to the original sum deposited. Should Tenant comply with all of said terms and promptly pay all of the rentals as they fall due and all other sums payable by Tenant to Landlord, said Said deposit shall be returned in full (or so much of the Security and Restoration Deposit as shall remain following any application thereof by Landlord) to Tenant at within forty –five (45) days after the end of the termTerm (it being agreed that, if at the time Landlord is obligated to return such Security and Restoration Deposit, Landlord has given Tenant a notice of default for which the applicable cure period has yet to lapse, the forty-five (45) day period shall be extended to the end of the applicable cure period, and thereafter Landlord shall be entitled to draw upon the Security and Restoration Deposit to cure such default before returning what remains of the Security and Restoration Deposit to Tenant). In the event of bankruptcy or other creditor-debtor proceedings against Tenant, all securities shall be deemed to be applied first to the payment of rent and other charges due Landlord for all periods prior to the filing of such proceedings.

Appears in 1 contract

Samples: Lantheus Holdings, Inc.

Time is Money Join Law Insider Premium to draft better contracts faster.