Common use of Waiver of Landlord’s Lien Clause in Contracts

Waiver of Landlord’s Lien. Landlord hereby waives any statutory or common law lien that may be granted or deemed to be granted to Landlord in Tenant Personal Property or Tenant Intangible Property. Landlord agrees that, upon the request of any Person that shall be providing senior secured financing to Tenant, or a purchase money equipment financier or equipment lessor of Tenant, Landlord shall, at Tenant’s sole cost and expense, negotiate in good faith for the purpose of executing and delivering a commercially reasonable waiver or subordination of Landlord’s statutory lien rights, if any, and a consent and agreement with respect to the respective rights of Landlord and such Person regarding the security interests in, and the timing and removal of, any Tenant Personal Property or Tenant Intangible Property which such Person has a secured interest (the “Collateral”), in form and substance reasonably acceptable to Landlord and such Person, so long as such waiver and agreement (i) provides for the indemnification of Landlord against any claims by Tenant or any Person claiming through Tenant, and against any physical damage caused to the Premises, in connection with the removal of any of the Collateral by such Person, (ii) provides for a reasonable, but limited, time frame for the removal of such Collateral by such Person after the expiration of which same shall be deemed abandoned, and (iii) provides for the per diem payment of Rent due hereunder by such Person for each day following the date of the expiration or termination of this Master Lease that Landlord permits such Person’s Collateral to remain in the Premises.

Appears in 5 contracts

Samples: Master Lease #3 (21st Century Oncology Holdings, Inc.), Master Lease #2 (21st Century Oncology Holdings, Inc.), Master Lease (21st Century Oncology Holdings, Inc.)

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Waiver of Landlord’s Lien. Landlord hereby waives any statutory or common law lien that may be granted or deemed to be granted to Landlord in Tenant Personal Property or Tenant Intangible Property. Landlord agrees that, upon the request of any Person that shall be providing senior secured financing to Tenant, or a purchase money equipment financier or equipment lessor of Tenant, Landlord shall, at Tenant’s sole cost and expense, negotiate in good faith for the purpose of executing and delivering a commercially reasonable waiver or subordination of Landlord’s statutory lien rights, if any, and a consent and agreement with respect to the respective rights of Landlord and such Person regarding the security interests in, and the timing and removal of, any Tenant Personal Property or Tenant Intangible Property which such Person has a secured interest (the “Collateral”), in form and substance reasonably acceptable to Landlord and such Person, so long as such waiver and agreement (i) provides for the indemnification of Landlord against any claims by Tenant or any Person claiming through Tenant, and against any physical damage caused to the Premises, in connection with the removal of any of the Collateral by such Person, (ii) provides for a reasonable, but limited, time frame for the removal of such Collateral by such Person after the expiration of which same shall be deemed abandoned, and (iii) provides for the per diem payment of Rent due hereunder by such Person for each day following the date of the expiration or termination of this Master Lease that Landlord permits such Person’s Collateral to remain in the Premises.

Appears in 5 contracts

Samples: Lease (21st Century Oncology Holdings, Inc.), Lease #6 (21st Century Oncology Holdings, Inc.), Lease #9 (21st Century Oncology Holdings, Inc.)

Waiver of Landlord’s Lien. Landlord hereby waives any statutory or common law lien that may be granted or deemed to be granted to Landlord in Tenant Personal Property or Tenant Intangible Property. In addition, Landlord agrees that, upon the request of any Person that shall be providing senior secured financing to Tenant, or a purchase money equipment financier or equipment lessor of Tenant, Landlord shall, at Tenant’s sole cost and expense, negotiate in good faith for the purpose of executing and delivering a commercially reasonable waiver or subordination of Landlord’s statutory lien rights, if any, and a consent and agreement with respect to the respective rights of Landlord and such Person regarding the security interests in, and the timing and removal of, any Tenant Personal Property or Tenant Intangible Property which such Person has a secured interest (the “Collateral”), in form and substance reasonably acceptable to Landlord and such Person, so long as such waiver and agreement (i) provides for the indemnification of Landlord against any claims by Tenant or any Person claiming through Tenant, and against any physical damage caused to the Premises, in connection with the removal of any of the Collateral by such Person, (ii) provides for a reasonable, but limited, time frame for the removal of such Collateral by such Person after the expiration of which same shall be deemed abandoned, and (iii) provides for the per diem payment of Rent due hereunder by such Person for each day following the date of the expiration or termination of this Master Lease that Landlord permits such Person’s Collateral to remain in the Premises.

Appears in 2 contracts

Samples: Letter of Credit Agreement (Radiation Therapy Services Holdings, Inc.), Purchase and Sale Agreement (Radiation Therapy Services Holdings, Inc.)

Waiver of Landlord’s Lien. Notwithstanding anything in this Lease or under applicable Laws to the contrary notwithstanding, Landlord hereby waives any statutory or and common law lien that it may be granted have against Tenant’s trade fixtures, equipment, furniture and all other tangible and intangible personal property, and any and all equipment and/or supplies utilized by Tenant in its business operation, sand under no circumstances shall Landlord have any lien or deemed to be granted to Landlord possessory interest in Tenant Personal Property or Tenant Intangible PropertyTenant’s work files, business papers and records, including, without limitation, the media on which those records and data are stored. Landlord agrees that, upon the request of any Person that shall be providing senior secured financing to Tenant, or a purchase money equipment financier or equipment lessor of Tenant, Landlord shall, at Tenant’s sole cost and expense, negotiate in good faith with any lender that is providing (i) secured financing to Tenant, (ii) purchase money equipment financing to Tenant, or (iii) equipment leasing to Tenant for the purpose of executing and delivering a commercially reasonable waiver or subordination of Landlord’s statutory and common law lien rights, if any, and a consent and agreement with respect to the respective rights of Landlord and such Person person or entity regarding the security interests in, and the timing and removal of, any Tenant Personal Property or Tenant Intangible Property tenant personal property in which such Person lender has a secured interest (the “Collateral”), in form and substance reasonably acceptable to Landlord Landlord, Tenant, which shall include but not limited to, require Tenant and such Person, so long as such waiver and agreement its lender (i) provides for the indemnification of Landlord against any claims by Tenant or any Person person or entity claiming through Tenant, and against any physical damage caused to the Premises, in connection with the removal of any of the Collateral by such Personperson or entity, (ii) provide insurance in favor of Landlord, with coverage in amounts reasonably determined by Landlord, (iii) provides for a reasonable, but limited, time frame (the duration of which shall be determined by Landlord) for the removal of such Collateral by such Person after the expiration of which same shall be deemed abandonedCollateral, and (iii) provides for the per diem payment of Rent due hereunder by such Person person or entity for each day following the date of the expiration or termination of this Master the Lease that Landlord permits such Person’s Collateral to remain in the Premises.

Appears in 1 contract

Samples: Office Lease (FlexShopper, Inc.)

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Waiver of Landlord’s Lien. Landlord hereby waives any statutory or common law lien that may be granted or deemed to be granted to Landlord in Tenant Personal Property or Tenant Intangible Property. Landlord agrees that, upon the request of any Person that shall be providing senior secured financing to Tenant, or a purchase money equipment financier or equipment lessor of Tenant, Landlord shall, at Tenant’s sole cost and expense, negotiate in good faith for the purpose of executing and delivering a commercially reasonable waiver or subordination of Landlord’s statutory lien rights, if any, and a consent and agreement with respect to the respective rights of Landlord and such Person regarding the security interests in, and the timing and removal of, any Tenant Personal Property Properly or Tenant Intangible Property which such Person has a secured interest (the “Collateral”), in form and substance reasonably acceptable to Landlord and such Person, so long as such waiver and agreement (i) provides for the indemnification of Landlord against any claims by Tenant or any Person claiming through Tenant, and against any physical damage caused to the Premises, in connection with the removal of any of the Collateral by such Person, (ii) provides for a reasonable, but limited, time frame for the removal of such Collateral by such Person after the expiration of which same shall be deemed abandoned, and (iii) provides for the per diem payment of Rent due hereunder by such Person for each day following the date of the expiration or termination of this Master Lease that Landlord permits such Person’s Collateral to remain in the Premises.

Appears in 1 contract

Samples: 21st Century Oncology Holdings, Inc.

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