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

Waiver of Landlord’s Liens. BNPPLC waives any security interest, statutory landlord’s lien or other interest BNPPLC may have in or against computer equipment and other tangible personal property placed on the Land from time to time that NAI or its Affiliates own or lease from other lessors; however, BNPPLC does not waive its interest in or rights with respect to equipment or other property included within the “Property” as described in Paragraph 7 of the Lease. Although computer equipment or other tangible personal property may be “bolted down” or otherwise firmly affixed to Improvements, it will not by reason thereof become part of the Improvements if it can be removed without causing structural or other material damage to the Improvements and without rendering HVAC or other major building systems inoperative and if it does not otherwise constitute “Property” as provided in Paragraph 7 of the Lease. Without limiting the foregoing, BNPPLC acknowledges that NAI may obtain financing from other parties for inventory, furnishings, equipment, machinery and other personal property that is located in or about the Improvements, but that is not included in or integral to the Property, and to secure such financing NAI may grant a security interest under the California Uniform Commercial Code in such inventory, furnishings, equipment, machinery and other personal property. Further, BNPPLC acknowledges that the lenders providing such financing may require confirmation from BNPPLC of its agreements concerning landlord’s liens and other matters set forth in this subparagraph 4(E), and NAI may obtain such confirmation in any statement required of BNPPLC by the next subparagraph.

Appears in 5 contracts

Samples: Closing Certificate and Agreement (Network Appliance Inc), Closing Certificate and Agreement (NetApp, Inc.), Closing Certificate and Agreement (NetApp, Inc.)

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Waiver of Landlord’s Liens. BNPPLC waives any security interest, statutory landlord’s lien or other interest BNPPLC may have in or against computer equipment and other tangible personal property placed on the Land from time to time that NAI or its Affiliates own or lease from other lessors; however, BNPPLC does not waive its interest in or rights with respect to equipment or other property included within the “Property” as described in Paragraph 7 of the Lease. Although computer equipment or other tangible personal property may be “bolted down” or otherwise firmly affixed to Improvements, it will not by reason thereof become part of the Improvements if it can be removed without causing structural or other material damage to the Improvements and without rendering HVAC or other major building systems inoperative and if it does not otherwise constitute “Property” as provided in Paragraph 7 of the Lease. Without limiting the foregoing, BNPPLC acknowledges that NAI may obtain financing from other parties for inventory, furnishings, equipment, machinery and other personal property that is located in or about the Improvements, but that is not included in or integral to the Property, and to secure such financing NAI may grant a security interest under the California North Carolina Uniform Commercial Code in such inventory, furnishings, equipment, machinery and other personal property. Further, BNPPLC acknowledges that the lenders providing such financing may require confirmation from BNPPLC of its agreements concerning landlord’s liens and other matters set forth in this subparagraph 4(E), and NAI may obtain such confirmation in any statement required of BNPPLC by the next subparagraph.

Appears in 2 contracts

Samples: Closing Certificate and Agreement (Network Appliance Inc), Closing Certificate and Agreement (NetApp, Inc.)

Waiver of Landlord’s Liens. BNPPLC Lessor waives any security interest, statutory landlord’s lien or other interest BNPPLC Lessor may have in or against computer equipment and other tangible personal property placed on the Land from time to time that NAI Lessee or its Affiliates own or lease from other lessorslessors and which do not constitute Leased Property; however, BNPPLC Lessor does not waive its interest in or rights with respect to equipment or other property included within the “PropertyImprovements” as described in Paragraph 7 of the Leasedefinition thereof. Although computer equipment or other tangible personal property may be “bolted down” or otherwise firmly affixed to Improvements, it will not by reason thereof become part of the Improvements if it can be removed without causing structural or other material damage to the Improvements and without rendering HVAC or other major building systems inoperative and if it does not otherwise constitute “Property” Improvements as provided in Paragraph 7 of the Leasedefinition thereof. Without limiting the foregoing, BNPPLC Lessor acknowledges that NAI Lessee may obtain financing from other parties for inventory, furnishings, equipment, machinery and other personal property that is located in or about the Improvements, but that is not included in or integral to the Leased Property, and to secure such financing NAI Lessee may grant a security interest under the California Texas Uniform Commercial Code in such inventory, furnishings, equipment, machinery and other personal property. Further, BNPPLC Lessor acknowledges that the lenders providing such financing may require confirmation from BNPPLC Lessor of its agreements concerning landlord’s liens and other matters set forth in this subparagraph 4(Esubclause (f), and NAI may obtain if reasonably requested by Lessee, Lessor will provide such confirmation in any statement required of BNPPLC by the next subparagraphconfirmation.

Appears in 1 contract

Samples: Participation Agreement (Lennox International Inc)

Waiver of Landlord’s Liens. BNPPLC Lessor waives any security interest, statutory landlord’s lien or other interest BNPPLC Lessor may have in or against computer equipment and other tangible personal property placed on the Land from time to time that NAI Lessee or its Affiliates own or lease from other lessorslessors and which do not constitute Leased Property; however, BNPPLC Lessor does not waive its interest in or rights with respect to equipment or other property included within the “PropertyImprovements” as described in Paragraph 7 of the Leasedefinition thereof. Although computer equipment or other tangible personal property may be “bolted down” or otherwise firmly affixed to Improvements, it will not by reason thereof become part of the Improvements if it can be removed without causing structural or other material damage to the Improvements and without rendering HVAC or other major building systems inoperative and if it does not otherwise constitute “Property” Improvements as provided in Paragraph 7 of the Leasedefinition thereof. Without limiting the foregoing, BNPPLC Lessor acknowledges that NAI Lessee may obtain financing from other parties for inventory, furnishings, equipment, machinery and other personal property that is located in or about the Improvements, but that is not included in or integral to the Leased Property, and to secure such financing NAI Lessee may grant a security interest under the California Texas Uniform Commercial Code in such inventory, furnishings, equipment, machinery and other personal property. Further, BNPPLC Lessor acknowledges that the lenders providing such financing may require confirmation from BNPPLC Lessor of its agreements concerning landlord’s liens and other matters set forth in this subparagraph 4(Esubclause (g), and NAI may obtain if reasonably requested by Lessee, Lessor will provide such confirmation in any statement required of BNPPLC by the next subparagraphconfirmation.

Appears in 1 contract

Samples: Participation Agreement (Lennox International Inc)

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Waiver of Landlord’s Liens. BNPPLC waives any security interest, statutory landlord’s lien or other interest BNPPLC may have in or against computer equipment and other Closing Certificate and Agreement (1299 Orleans) — Page 32 tangible personal property placed on the Land from time to time that NAI or its Affiliates own or lease from other lessors; however, BNPPLC does not waive its interest in or rights with respect to equipment or other property included within the “Property” as described in Paragraph 7 of the Lease. Although computer equipment or other tangible personal property may be “bolted down” or otherwise firmly affixed to Improvements, it will not by reason thereof become part of the Improvements if it can be removed without causing structural or other material damage to the Improvements and without rendering HVAC or other major building systems inoperative and if it does not otherwise constitute “Property” as provided in Paragraph 7 of the Lease. Without limiting the foregoing, BNPPLC acknowledges that NAI may obtain financing from other parties for inventory, furnishings, equipment, machinery and other personal property that is located in or about the Improvements, but that is not included in or integral to the Property, and to secure such financing NAI may grant a security interest under the California Uniform Commercial Code in such inventory, furnishings, equipment, machinery and other personal property. Further, BNPPLC acknowledges that the lenders providing such financing may require confirmation from BNPPLC of its agreements concerning landlord’s liens and other matters set forth in this subparagraph 4(E), and NAI may obtain such confirmation in any statement required of BNPPLC by the next subparagraph.

Appears in 1 contract

Samples: Closing Certificate and Agreement (Network Appliance Inc)

Waiver of Landlord’s Liens. BNPPLC waives any security interest, statutory landlord’s lien or other interest BNPPLC may have in or against computer equipment and other Closing Certificate and Agreement (Mxxxxxx Business Center) — Page 32 tangible personal property placed on the Land from time to time that NAI or its Affiliates own or lease from other lessors; however, BNPPLC does not waive its interest in or rights with respect to equipment or other property included within the “Property” as described in Paragraph 7 of the Lease. Although computer equipment or other tangible personal property may be “bolted down” or otherwise firmly affixed to Improvements, it will not by reason thereof become part of the Improvements if it can be removed without causing structural or other material damage to the Improvements and without rendering HVAC or other major building systems inoperative and if it does not otherwise constitute “Property” as provided in Paragraph 7 of the Lease. Without limiting the foregoing, BNPPLC acknowledges that NAI may obtain financing from other parties for inventory, furnishings, equipment, machinery and other personal property that is located in or about the Improvements, but that is not included in or integral to the Property, and to secure such financing NAI may grant a security interest under the California Uniform Commercial Code in such inventory, furnishings, equipment, machinery and other personal property. Further, BNPPLC acknowledges that the lenders providing such financing may require confirmation from BNPPLC of its agreements concerning landlord’s liens and other matters set forth in this subparagraph 4(E), and NAI may obtain such confirmation in any statement required of BNPPLC by the next subparagraph.

Appears in 1 contract

Samples: Closing Certificate and Agreement (Network Appliance Inc)

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