Common use of Use of Lock Box by Landlord Clause in Contracts

Use of Lock Box by Landlord. Landlord may from time to time elect to designate a lock box collection agent (independent agent, bank or other financial institution) to act as Landlord’s agent for the collection of amounts due Landlord. In such event the date of payment of rent or other sums paid Landlord through such agent will be the date of agent’s receipt of such payment (or the date of collection of any such sum if payment is made in the form of a negotiable instrument thereafter dishonored upon presentment); however, for purposes of this Lease, no such payment or collection will be deemed “accepted” by Landlord if Landlord issues a check payable to the order of the Tenant in the amount sent to the lock box and if Landlord mails the check to the Tenant addressed to the place designated in this lease for notice to Tenant within 21 days after the amount sent by the Tenant is received by the lock box collection agent or if the Landlord returns a dishonored instrument within 21 days of its dishonor. Return of any such sum to Tenant by so sending such a check of the Landlord or by so sending a dishonored instrument to the Tenant within the appropriate 21-day period will be deemed to be rejection of Tenant’s tender of such payment for all purposes as of the date of Landlord’s lock box collection agent’s receipt of such payment (or collection). The return of Tenant’s payment in the manner described in this paragraph will be deemed not to be a waiver of any breach by Tenant of any term, covenant or condition of this Lease nor a waiver of any of Landlord’s rights or remedies granted in this Lease. The possession of Tenant’s funds or negotiation of Tenant’s negotiable instrument by Landlord’s agent or Landlord during the applicable 21 day period will be deemed not to be a waiver of any defaults of Tenant or any rights of Landlord theretofore accrued nor shall any such possession or negotiation be considered an acceptance of Tenant’s tender.

Appears in 2 contracts

Samples: Office Lease Agreement (Liquid Holdings Group LLC), Office Lease Agreement (Liquid Holdings Group LLC)

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Use of Lock Box by Landlord. Landlord may from time to time elect to --------------------------- designate a lock box collection agent (independent agent, bank or other financial institution) to act as Landlord’s 's agent for the collection of amounts due Landlord. In such event the date of payment of rent Rent or other sums paid Landlord through such agent will shall be the date of agent’s 's receipt of such payment (or the date of collection of any such sum if payment is made in the form of a negotiable instrument thereafter dishonored upon presentment); however, for purposes of this Lease, no such payment or collection will shall be deemed "accepted" by Landlord if Landlord issues a check payable to the order of the Tenant in the amount sent to the lock box and if Landlord mails the check to the Tenant addressed to the place designated in this lease Lease for notice to Tenant within 21 twenty-one (21) days after the amount sent by the Tenant is received by the lock box collection agent or if the Landlord returns a dishonored instrument within 21 twenty-one (21) days of its dishonor. Return of any such sum to Tenant by so sending such a check of the Landlord or by so sending a dishonored instrument to the Tenant within the appropriate twenty-one (21-) day period will shall be deemed to be rejection of Tenant’s 's tender of such payment for all purposes as of the date of Landlord’s 's lock box collection agent’s 's receipt of such payment (or collection). The return of Tenant’s 's payment in the manner described in this paragraph will Section 10(M) shall be deemed not to be a waiver of any breach by Tenant of any term, covenant or condition of this Lease nor a waiver of any of Landlord’s 's rights or remedies granted in this Lease. The possession of Tenant’s 's funds or negotiation of Tenant’s 's negotiable instrument by Landlord’s 's agent or Landlord during the applicable 21 twenty-one (21) day period will shall be deemed not to be a waiver of any defaults of Tenant or any rights of Landlord theretofore accrued nor shall any such possession or negotiation be considered an acceptance of Tenant’s 's tender.

Appears in 2 contracts

Samples: Indenture (Metavante Corp), Metavante Corp

Use of Lock Box by Landlord. Landlord may from time to time elect --------------------------- to designate a lock box collection agent (independent agent, bank or other financial institution) to act as Landlord’s 's agent for the collection of amounts mounts due Landlord. In such event the date of payment of rent or other sums paid Landlord through such agent will shall be the date of agent’s 's receipt of such payment (or the date of collection of any such sum if payment is made in the form of a negotiable instrument thereafter dishonored upon presentment); however, for purposes of this Lease, no such payment or collection will shall be deemed "accepted" by Landlord if Landlord issues a check payable to the order of the Tenant in the amount sent to the lock box and if Landlord mails the check to the Tenant addressed to the place designated in this lease for notice to Tenant within 21 twenty-one (21) days after the amount sent by the Tenant is received by the lock box collection agent or if the Landlord returns a dishonored instrument within 21 twenty-one (21) days of its dishonor. Return of any such sum to Tenant by so sending such a check of the Landlord or by so sending a dishonored instrument to the Tenant within the appropriate twenty-one (21-) day period will shall be deemed to be rejection of Tenant’s 's tender of such payment for all purposes as of the date of Landlord’s 's lock box collection agent’s 's receipt of such payment (or collection). The return of Tenant’s 's payment in the manner described in this paragraph will shall be deemed not to be a waiver of any breach by Tenant of any term, covenant or condition of this Lease nor a waiver of any of Landlord’s 's rights or remedies granted in this Lease. The possession of Tenant’s 's funds or negotiation of Tenant’s 's negotiable instrument by Landlord’s 's agent or Landlord during the applicable 21 twenty-one (21) day period will shall be deemed not to be a waiver of any defaults of Tenant or any rights of Landlord theretofore accrued nor shall any such possession or negotiation be considered an acceptance of Tenant’s 's tender.

Appears in 1 contract

Samples: Lease (Argosy Education Group Inc)

Use of Lock Box by Landlord. Landlord may from time to time elect to designate a lock box collection agent (independent agent, bank or other financial institution) to act as Landlord’s agent for the collection of amounts due Landlord. In such event the date of payment of rent or other sums paid Landlord through such agent will be the date of agent’s receipt of such payment (or the date of collection of any such sum if payment is made in the form of a negotiable instrument thereafter dishonored upon presentment); however, for purposes of this Lease, no such payment or collection will be deemed “accepted” by Landlord if Landlord issues a check payable to the order of the Tenant in the amount sent to the lock box and if Landlord mails the check to the Tenant addressed to the place designated in this lease for notice to Tenant within 21 days after the amount sent by the Tenant is received by the lock box collection agent or if the Landlord returns a dishonored instrument within 21 days of its dishonor; provided, however, that Landlord will not invoke such right to deliver a check to Tenant in the amount sent by Tenant so as to deem Tenant’s payment to Landlord’s lockbox agent not to have been accepted by Landlord unless an Event of Default then exists. Return of any such sum to Tenant by so sending such a check of the Landlord or by so sending a dishonored instrument to the Tenant within the appropriate 21-day period will be deemed to be rejection of Tenant’s tender of such payment for all purposes as of the date of Landlord’s lock box collection agent’s receipt of such payment (or collection). The return of Tenant’s payment in the manner described in this paragraph will be deemed not to be a waiver of any breach by Tenant of any term, covenant or condition of this Lease nor a waiver of any of Landlord’s rights or remedies granted in this Lease. The possession of Tenant’s funds or negotiation of Tenant’s negotiable instrument by Landlord’s agent or Landlord during the applicable 21 day period will be deemed not to be a waiver of any defaults of Tenant or any rights of Landlord theretofore accrued nor shall any such possession or negotiation be considered an acceptance of Tenant’s tender.

Appears in 1 contract

Samples: Lease Agreement (Fusion-Io, Inc.)

Use of Lock Box by Landlord. Landlord may from time to time elect --------------------------- to designate a lock box collection agent (independent agent, bank or other financial institution) to act as Landlord’s 's agent for the collection of amounts due Landlord. In such event the date of payment of rent or other sums paid Landlord through such agent will shall be the date of agent’s 's receipt of such payment (or the date of collection of any such sum if payment is made in the form of a negotiable instrument thereafter dishonored upon presentment); however, for purposes of this Lease, no such payment or collection will shall be deemed "accepted" by Landlord if Landlord issues a check payable to the order of the Tenant in the amount sent to the lock box and if Landlord mails the check to the Tenant addressed to the place designated in this lease Lease for notice to Tenant within 21 twenty-one (21) days after the amount sent by the Tenant is received by the lock box collection agent or if the Landlord returns a dishonored instrument within 21 twenty-one (21) days of its dishonor. Return of any such sum to Tenant by so sending such a check of the Landlord or by so sending a dishonored instrument to the Tenant within the appropriate twenty-one (21-) day period will shall be deemed to be rejection of Tenant’s 's tender of such payment for all purposes as of the date of Landlord’s 's lock box collection agent’s 's receipt of such payment (or collection). The return of Tenant’s 's payment in the manner described in this paragraph will Section 10M shall be deemed not to be a waiver of any breach by Tenant of any term, covenant or condition of this Lease nor a waiver of any of Landlord’s 's rights or remedies granted in this Lease. The possession of Tenant’s 's funds or negotiation of Tenant’s 's negotiable instrument by Landlord’s 's agent or Landlord during the applicable 21 twenty-one (21) day period will shall be deemed not to be a waiver of any defaults of Tenant or any rights of Landlord theretofore accrued nor shall any such possession or negotiation be considered an acceptance of Tenant’s 's tender.

Appears in 1 contract

Samples: Indenture (Open Port Technology Inc)

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Use of Lock Box by Landlord. Landlord may from time to time elect --------------------------- to designate a lock box collection agent (independent agent, bank or other financial institution) to act as Landlord’s 's agent for the collection of amounts due Landlord. In such event the date of payment of rent Rent or other sums paid Landlord through such agent will shall be the date of agent’s 's receipt of such payment (or the date of collection of any such sum if payment is made in the form of a negotiable instrument thereafter dishonored upon presentment); however, for purposes of this Lease, no such payment or collection will shall be deemed "accepted" by Landlord if Landlord issues a check payable to the order of the Tenant in the amount sent to the lock box and if Landlord mails the check to the Tenant addressed to the place designated in this lease Lease for notice to Tenant within 21 twenty-one (21) days after the amount sent by the Tenant is received by the lock box collection agent or if the Landlord returns a dishonored instrument within 21 twenty-one (21) days of its dishonor. Return of any such sum to Tenant by so sending such a check of the Landlord or by so sending a dishonored instrument to the Tenant within the appropriate twenty-one (21-) day period will shall be deemed to be rejection of Tenant’s 's tender of such payment for all purposes as of the date of Landlord’s 's lock box collection agent’s 's receipt of such payment (or collection). The return of Tenant’s 's payment in the manner described in this paragraph will Section 10(M) shall be deemed not to be a waiver of any breach by Tenant of any term, covenant or condition of this Lease nor a waiver of any of Landlord’s 's rights or remedies granted in this Lease. The possession of Tenant’s 's funds or negotiation of Tenant’s 's negotiable instrument by Landlord’s 's agent or Landlord during the applicable 21 twenty-one (21) day period will shall be deemed not to be a waiver of any defaults of Tenant or any rights of Landlord theretofore accrued nor shall any such possession or negotiation be considered an acceptance of Tenant’s 's tender.

Appears in 1 contract

Samples: Indenture (Metavante Corp)

Use of Lock Box by Landlord. Landlord may from time to time elect to designate a lock box collection agent (independent agent, bank or other financial institution) to act as Landlord’s 's agent for the collection of amounts due Landlord. In such event the date of payment of rent or other sums paid Landlord through such agent will be the date of agent’s 's receipt of such payment (or the date of collection of any such sum if payment is made in the form of a negotiable instrument thereafter dishonored upon presentmentpresent-ment); however, for purposes of this Lease, no such payment or collection will be deemed "accepted" by Landlord if Landlord issues a check payable to the order of the Tenant in the amount sent to the lock box and if Landlord mails the check to the Tenant addressed to the place designated in this lease for notice to Tenant within 21 days after the amount sent by the Tenant is received by the lock box collection collec-tion agent or if the Landlord returns a dishonored instrument within 21 days of its dishonor. Return of any such sum to Tenant by so sending such a check of the Landlord or by so sending a dishonored instrument to the Tenant within the appropriate appro-priate 21-day period will be deemed to be rejection of Tenant’s 's tender of such payment for all purposes as of the date of Landlord’s 's lock box collection agent’s 's receipt of such payment (or collection). The return of Tenant’s 's payment in the manner described in this paragraph will be deemed not to be a waiver of any breach by Tenant of any term, covenant or condition condi-tion of this Lease nor a waiver of any of Landlord’s 's rights or remedies granted xxxxx-xx in this Lease. The possession of Tenant’s 's funds or negotiation of Tenant’s 's negotiable instrument by Landlord’s 's agent or Landlord during the applicable 21 day period will be deemed not to be a waiver of any defaults de-faults of Tenant or any rights of Landlord theretofore accrued nor shall any such possession or negotiation be considered an acceptance of Tenant’s 's tender.

Appears in 1 contract

Samples: Lease Agreement (Discovery Laboratories Inc /De/)

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