Landlord Lien Waiver. Subject to the provisions of this paragraph, during the Term, Landlord waives any statutory landlord’s lien and any attachment for Rent on Tenant’s Property and on any Alteration of Tenant that is not required to be surrendered to Landlord at the expiration or sooner termination of the Term of this Lease (collectively, “Personalty”) that Landlord may have or may hereafter acquire. Landlord acknowledges and agrees that Tenant’s Personalty may be leased from an equipment lessor or encumbered by Tenant’s lender (collectively, “Equipment Lessor”) and that Tenant may execute and enter into an equipment lease or security agreement with respect to such Personalty Net Multi-Tenant Laboratory 3054 Cornwallis/ELO Life Systems - Page 37 (“Equipment Lease”). If and to the extent required by any Equipment Lease or Equipment Lessor, Landlord shall execute and deliver to the Equipment Lessor a written consent, waiver and/or acknowledgment which is in form and content reasonably acceptable to Landlord (“Lien Waiver”) in which Landlord (i) acknowledges and agrees that, during the Term, the Personalty which is the subject of the Equipment Lease and described with specificity on an exhibit to the Lien Waiver constitutes the personal property of Tenant (unless contrary to the provisions of this Lease), and shall not be considered to be part of the Premises, regardless of whether or by what means they become attached thereto, (ii) agrees that, during the Term, it shall not claim any interest in such Personalty, and (iii) agrees that Equipment Lessor may enter the Premises for the purpose of removing such Personalty, but only if, in such consent such Equipment Lessor agrees to repair any damage resulting from such removal and to indemnify and hold harmless Landlord from and against any claim or other loss that results from such entry and, agrees, within 3 business days after the expiration or termination of the Term to pay all Rent that would accrue under the Lease if it had not terminated or expired for the period from the expiration or termination of such Lease until 5 business days after such Equipment Lessor relinquishes its right rights to enter into the Premises; provided, further, such Equipment Lessor’s right to enter the Premises shall in any event expire 30 days after the expiration or termination of the Lease in which case the Equipment Lessor and Tenant shall agree that the Personalty shall be deemed abandoned. Such Lien Waiver documents also may contain such other ...
Landlord Lien Waiver. Landlord shall execute and deliver to Tenant within ten (10) days after written request such evidence of Landlord's lien waiver as may reasonably be requested in connection with any acquisition or financing by Tenant of equipment, furniture, furnishings or trade fixtures.
Landlord Lien Waiver. Landlord hereby acknowledges that Tenant may enter into a personal property lease agreement or financing for its business or equipment to be physically located at the leased premises. Provided Tenant is in not in Default, Landlord shall waive or subordinate its landlord’s lien in writing as reasonably requested by any bona fide third-party financing company or lender with respect to any personal property financed by Tenant to be located the Premises (“Subordinated Collateral”) by executing and delivering the lien waiver within fifteen (15) Business Days after written request by Tenant. Notwithstanding the foregoing, Landlord’s expressly reserves all lien rights set forth in Paragraph 20(d), above, with respect to any Subordinated Collateral which is released by any applicable financing company or lender.
Landlord Lien Waiver. Landlord hereby irrevocably waives any right, title or interest in or to Tenant’s furniture, fixtures, equipment and inventory (collectively, “Personal Property”) and Trade Fixtures that the Tenant may now or hereafter have at the Premises (and/or use in connection with Tenant’s business operations at the Premises) and agrees that the Personal Property and the Trade Fixtures are, and shall remain personal property, notwithstanding the manner in which it is installed or affixed to the Premises. Provided there is no ongoing Event of Default, at least twenty (20) business days prior written notice from Tenant, Landlord hereby agrees to deliver Landlord’s commercially reasonable form of consent and waiver of lien rights with respect to Tenant’s Personal Property and Trade Fixtures to Tenant’s lenders and to Tenant’s lessors of Personal Property and/or Trade Fixtures.
Landlord Lien Waiver. Notwithstanding the provisions of Section 17.1, Landlord acknowledges that Tenant has granted or intends to grant to one or more lenders (collectively “Tenant’s Lender”), pursuant to certain agreements executed by Tenant, a security interest in all of Tenant’s personal property, machinery, equipment, furniture, furnishings and fixtures, together with any replacements or renewals thereof or additions thereto serving similar or related functions, located at or used in connection with the Property (collectively, the “Collateral”), and in connection therewith:
Landlord Lien Waiver. Landlord expressly waives any applicable common law or statutory lien and is estopped from placing any lien and security interest upon any and all goods, wares, equipment, fixtures, furniture, improvements and other personal property of Tenant which may hereafter be situated on the Premises, and all proceeds therefrom in an effort to secure payment of all rentals and other sums of money becoming due hereunder from Tenant, and to secure payment of any damages or loss which Landlord may suffer by reason of the breach by Tenant of any covenant, agreement or condition contained herein.
Landlord Lien Waiver. If requested by Lender, Borrower will obtain from each of its landlords a waiver providing that Lender’s security interest in the Collateral will be senior to any lien in the Collateral which may be claimed by such landlords.
Landlord Lien Waiver. If Tenant shall lease or finance the acquisition of any specifically enumerated equipment/personal property not paid for in whole or in part by Landlord which Tenant is permitted under this Lease to remove at the expiration or earlier termination of this Lease, Landlord shall, upon written request from Tenant, enter into an agreement, utilizing Landlord’s standard form of lien waiver or another form acceptable to Landlord in its sole discretion, with Tenant and Tenant’s lender which agreement shall, among other things, govern the parties’ rights with respect to such specifically enumerated equipment/personal property. [Signatures are on the next page] Net Multi-Tenant Laboratory 410 W. Xxxxxxxx/PhaseRx - Page 41
Landlord Lien Waiver. Landlord hereby waives any lien rights which it -------------------- may otherwise have concerning Tenant's property, which shall include furniture, fixtures, equipment, any and all equipment and/or supplies utilized by Tenant in its business operations, and Tenant shall have the right to remove the same at any time without Landlord's consent. Furthermore, Landlord acknowledges Tenant's right to finance and to secure under the Uniform Commercial Code, inventory, furnishings, furniture, equipment, machinery, leasehold improvements and other personal property located in or at the Premises, and Landlord agrees to execute commercially reasonable waiver forms releasing liens in favor of any purchase money seller, lessor or lender who has financed or may finance in the future such items. Without limiting the effectiveness of the foregoing, provided that no default shall have occurred and be continuing, Landlord shall, upon the request of Tenant, and at the Tenant's sole cost and expense, execute and delivery any commercially reasonable instruments necessary or appropriate to confirm any such grant, release, dedication, transfer, annexation or amendment to any person or entity permitted under this paragraph including landlord waivers with respect to any of the foregoing. EXHIBIT D COMMENCEMENT DATE AGREEMENT --------------------------- This Commencement Date Agreement (this "Agreement") is made and entered --------- into this ____day of ___________, 19___, by and between DULLES TECH, INC. ("Landlord") and NETWORK ACCESS SOLUTIONS ("Tenant"). ---------- ------
Landlord Lien Waiver. If Tenant shall lease or finance the acquisition of any specifically enumerated equipment/personal property not paid for in whole or in part by Landlord which Tenant is permitted under this Lease to remove at the expiration or earlier termination of this Lease, Landlord shall, upon written request from Tenant, and at the Tenant’s sole cost and expense, enter into an agreement, utilizing Landlord’s standard form of lien waiver or another form acceptable to Landlord in its reasonable discretion, with Tenant and Tenant’s lender or equipment lessor which agreement shall, among other things, govern the parties’ rights with respect to such specifically enumerated equipment/personal property.
