The Landlord Lien Waiver is essential in commercial financing transactions where a tenant's business assets or equipment serve as collateral for loans while located on leased premises. This document becomes necessary when a tenant seeks to obtain financing using their equipment, inventory, or other personal property as collateral, and the lender requires assurance that their security interest will take priority over any landlord's rights. Under Canadian law, landlords generally have statutory rights to seize tenant's property for unpaid rent (right of distress), which varies by province. The waiver helps establish clear priorities between the landlord's and lender's rights, facilitates commercial lending, and provides certainty for all parties involved. It typically addresses key issues such as access rights, notice requirements, and the specific scope of the landlord's waiver.
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1. Parties: Identifies the landlord, tenant, and lender/secured creditor
2. Background: Recitals explaining the lease arrangement, security interest, and purpose of the waiver
3. Definitions: Defines key terms including Collateral, Premises, Lease, Security Interest
4. Acknowledgment of Security Interest: Landlord's acknowledgment of lender's security interest in tenant's property
5. Waiver of Liens and Claims: Express waiver of landlord's rights to distrain or claim tenant's property
6. Priority Agreement: Establishes priority of lender's security interest over landlord's rights
7. Access Rights: Grants lender right to enter premises to inspect or remove collateral
8. Notice Requirements: Requirements for notices between parties, including default notices
9. Term and Termination: Duration of the waiver agreement and termination conditions
10. General Provisions: Standard boilerplate including governing law, amendments, and counterparts
1. Insurance Requirements: Used when specific insurance requirements are needed for the collateral
2. Multiple Locations: Required when the waiver covers multiple premises or locations
3. Subordination of Rent: Optional section where landlord agrees to subordinate rent claims
4. Existing Liens: Required when addressing pre-existing liens or claims on tenant's property
5. Relocation Rights: Used when tenant has rights to relocate within the building/complex
6. Environmental Matters: Required when collateral includes environmentally sensitive items
1. Schedule A - Description of Premises: Legal description of the leased premises
2. Schedule B - Collateral Description: Detailed list or description of the collateral covered by the waiver
3. Schedule C - Lease Details: Summary of relevant lease terms and amendments
4. Schedule D - Access Procedures: Specific procedures for lender access to premises
5. Schedule E - Notice Information: Contact details and notice requirements for all parties
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