Common use of Contracts and Leases Clause in Contracts

Contracts and Leases. Except as shown on Schedule 5.16, the Seller does not (a) have any leases of personal property relating to the Purchased Assets, whether as lessor or lessee; (b) have any current performer lease agreements or other similar obligations with entertainers; (c) have any contractual or other obligations relating to the Purchased Assets, whether written or oral; and (d) have, and has not given, any power of attorney to any person or organization for any purpose relating to the Purchased Assets or the Business. The Seller operates its adult entertainment establishment located at the Premises under an existing lease agreement (“Existing Lease”), which Existing Lease will either be (i) assigned to the Purchaser with the consent of the landlord and the Purchaser or (ii) terminated if a New Lease (defined in Section 9.16) is entered into between the landlord and the Purchaser as of the Closing Date. The Seller will make available to Purchaser prior to the Closing Date each and every written contract or lease relating to the Purchased Assets of the Seller to which it is subject or is a party or a beneficiary. Such contracts, leases or other documents are valid and in full force and effect according to their terms and constitute legal, valid and binding obligations of the Seller and the other respective parties thereto and are enforceable in accordance with their terms, except as may be limited by bankruptcy, insolvency, reorganization, and other similar laws of general application relating to or affecting creditors’ rights and to general equitable principles. There are no defaults or breaches under such contracts, leases or other documents or of any pending or threatened claims under any such contracts, leases or other documents.

Contracts and Leases. Except as shown on Schedule 5.16, the Seller does not (a) have any leases of personal property relating to the Purchased Assets, whether as lessor or lessee; (b) have any current performer lease agreements or other similar obligations with entertainers; (c) have any contractual or other obligations relating to the Purchased Assets, whether written or oral; and (d) have, and has not given, any power of attorney to any person or organization for any purpose relating to the Purchased Assets or the Business. The Seller operates its adult entertainment establishment located at the Premises under an existing lease agreement (the “Existing Lease”), which Existing Lease will either be (i) assigned to the Purchaser with the consent of the landlord and the Purchaser or (ii) terminated if a New Lease (defined in Section 9.16) is entered into between the landlord and the Purchaser as of the Closing Date. The Seller will make available to Purchaser prior to the Closing Date each and every written contract or lease relating to the Purchased Assets of the Seller to which it is subject or is a party or a beneficiary. Such contracts, leases or other documents are valid and in full force and effect according to their terms and constitute legal, valid and binding obligations of the Seller and the other respective parties thereto and are enforceable in accordance with their terms, except as may be limited by bankruptcy, insolvency, reorganization, and other similar laws of general application relating to or affecting creditors’ rights and to general equitable principles. There are no defaults or breaches under such contracts, leases or other documents or of any pending or threatened claims under any such contracts, leases or other documents.

Contracts and Leases. Except as shown on Schedule 5.16, the Seller does not (a) have any leases of personal property relating to the Purchased Assets, whether as lessor or lessee; (b) have any current performer lease agreements or other similar obligations with entertainers; (c) have any contractual or other obligations relating to the Purchased Assets, whether written or oral; and (d) have, and has not given, any power of attorney to any person or organization for any purpose relating to the Purchased Assets or the Business. The Seller operates its adult entertainment establishment located at the Premises under an existing the Existing Lease Agreement, which lease agreement (“Existing Lease”), which Existing Lease will either be (i) assigned to the Purchaser with the consent of the landlord and the Purchaser or (ii) terminated if a New Lease (defined in Section 9.16) is entered into between the landlord and the Purchaser as of the Closing Date. The Seller will make available to Purchaser prior to the Closing Date each and every written contract or lease relating to the Purchased Assets of the Seller to which it is subject or is a party or a beneficiary. Such contracts, leases or other documents are valid and in full force and effect according to their terms and constitute legal, valid and binding obligations of the Seller and the other respective parties thereto and are enforceable in accordance with their terms, except as may be limited by bankruptcy, insolvency, reorganization, and other similar laws of general application relating to or affecting creditors’ rights and to general equitable principles. There are no defaults or breaches under such contracts, leases or other documents or of any pending or threatened claims under any such contracts, leases or other documents.

Contracts and Leases. Except as shown disclosed on Schedule 5.16Exhibit 3.16, the Seller does not neither JOY nor NIII (ai) have any leases of personal property relating to the Purchased Assetsassets of JOY or NIII, whether as lessor or lessee; (b) have any current performer lease agreements or other similar obligations with entertainers; (cii) have any contractual or other obligations relating to the Purchased Assetsassets of JOY or NIII, whether written or oral; and (diii) have, and has not given, have given any power of attorney to any person or organization for any purpose relating to the Purchased Assets business or assets of JOY or NIII. JOY has an existing real estate lease agreement with NIII covering the Business. The Seller property where Joy of Austin operates its adult entertainment establishment cabaret located at 0000 Xxxxx XX-00, Xxxxx Xxxx, Xxxxx 00000 (the Premises under an existing lease agreement (“Existing LeaseLease Agreement”), which Existing Lease Agreement will either at the election of Purchaser be (i) assigned terminated subsequent to the Purchaser with the consent of the landlord and the Purchaser or (ii) terminated if a New Lease (defined in Section 9.16) is entered into between the landlord and the Purchaser as of the Closing Date. The Seller will make available To the best of Seller’s knowledge, JOY and NIII have previously provided to Purchaser prior to the Closing Date each and every written material contract or lease relating to the Purchased Assets assets of the Seller JOY and NIII to which it is they are subject or is are a party or a beneficiary. Such contractsTo Seller’s knowledge, such contracts or leases or other documents are valid and in full force and effect according to their terms and constitute legal, valid and binding obligations of the Seller JOY or NIII and the other respective parties thereto and are enforceable in accordance with their terms. Seller, except as may be limited by bankruptcy, insolvency, reorganization, and other similar laws JOY or NIII have no knowledge of general application relating to any default or affecting creditors’ rights and to general equitable principles. There are no defaults or breaches breach under such contracts, leases or other documents or of any pending or threatened claims under any such contracts, leases or other documents. Neither the execution of this Agreement, nor the consummation of all or any of the transactions contemplated under this Agreement, will constitute a breach or default under any such contracts or leases which would have a material adverse effect on the financial condition of JOY or NIII or the operation of Joy of Austin after the Closing.