Leases of Real and Personal Property Sample Clauses

Leases of Real and Personal Property. The Vendor is a party to the Leases referred to in Schedule 3.1(l) (in which is specified the parties, the date of execution and expiry date, any option to renew, the location of the leased lands, chattels or premises and the rental payments thereunder) and all interests held by the Vendor as lessee under such Leases are free and clear of any and all mortgages, security interests, charges, adverse claims, rights, pledges, demands, liens, title retention agreements and other encumbrances of any nature or kind whatsoever. Except for the Surcharge, all rental and other payments required to be paid by the Vendor pursuant to such Leases have been duly paid and the Vendor is not otherwise in default in meeting its obligations under any such Leases. There does not exist under any such Leases any right of offset or any adverse claim and the completion of the transactions contemplated by this Agreement will not afford any of the parties thereto (other than the Vendor) the right to terminate such Leases. There are no events or circumstances which could give rise to such parties claiming default by the Vendor under such Leases except as specified in Schedule 3.1(l). No consent of any parties to such Leases (other than the Vendor) is required by reason of the transactions contemplated hereby except as specified in Schedule 3.1(l) nor will such transactions impose any more onerous obligations on the Purchaser under such Leases.
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Leases of Real and Personal Property. (a) The Disclosure Letter sets forth a list of (i) all leases pursuant to which Wireless Domain leases, as lessee, real property; (ii) all leases pursuant to which Wireless Domain leases, as lessor, real property; and (iii) all leases pursuant to which Wireless Domain leases, as lessee, personal property for use in its business.
Leases of Real and Personal Property i) Seller has delivered a true and complete copy of the leases for the Topsville Office and JGSL Office (including all riders, exhibits and amendments) to Buyer. If and when the originals of said documents are discovered by Seller, they will promptly be delivered to Buyer. To the extent, if any, that consent of any of the landlords of those leases is required for the continuation of those lease after the sale of the Shares, such consent has been obtained by Seller, copies thereof are annexed as SCHEDULE 4.4, and the originals thereof will be delivered to Buyer at or before Closing.
Leases of Real and Personal Property. The Seller is not a party to or bound by any leases or agreements in the nature of leases or any interest therein, either as lessor or lessee, or agreements to enter into such leases, other than the Leases referred to in Schedule 3.1(h) (in which is specified the parties, their dates of execution and expiration dates, any options to renew, the location of any leased lands, chattels or premises and the rental payments thereunder) and all interests held by the Seller as lessor or lessee under such Leases are free and clear of any and all mortgages, security interests, charges, adverse claims, rights, pledges, demands, liens, title retention agreements and other Encumbrances of any nature or kind whatsoever. All rental and other payments required to be paid by or to the Seller pursuant to such Leases have been duly paid and the Seller is not otherwise in default in meeting its obligations under any such Leases. There does not exist under any such Leases any right of offset or any adverse claim. There are no events or circumstances which could give rise to such parties claiming default by the Seller under such Leases other than may occur by virtue of the consummation of the transaction contemplated hereunder, insofar as consent to the assignment of the Lease of the Seller's Albertson, New York premises is required.
Leases of Real and Personal Property. The Vendor is not a party to or bound by any Leases or agreements in the nature of Leases or any interest therein, either as lessor or lessee, or agreements to enter into such Leases, other than those Leases referred to in Schedule 4.1(o) (in which is specified the parties, their dates of execution and expiry dates, any options to renew, the location of any leased lands, chattels or premises and the rental payments thereunder) and all interests held by the Vendor as lessor or lessee under such Leases are free and clear of any and all Liens except for the security interest held by the Vendor’s bank over all of its assets, which will be released prior to Closing in respect of the Purchased Assets. All rental and other payments required to be paid by or to the Vendor pursuant to such Leases have been duly paid and the Vendor is not otherwise in default in meeting its obligations under any such Leases nor has the Vendor received any notice of default or termination under such Leases. There does not exist under any such Leases any right of offset or any adverse Claim. To the Knowledge of the Vendor, there are no events or circumstances which could give rise to any party claiming default by the Vendor under such Leases. No consent of any parties to such Leases (other than the Vendor) is required by reason of the transactions contemplated hereby except as specified in Schedule 4.1(o) nor will such transactions impose any more onerous obligations on the Vendor under such Leases. The Vendor has not received any written notice of any non-compliance with any Applicable Law from any Governmental Authority which has not been complied with to date to such Governmental Authority’s satisfaction in connection with any of the Leased Real Property nor has the Vendor received any written notice advising of any defects in the construction, state of repair or state of completion of the Leased Real Property or directing that any alteration, repair, improvement or other work be done with respect thereto or relating to any non-compliance of any building permit, building or land use by-law. The Vendor has not given notice of default to any Landlord and, to the Knowledge of the Vendor, each of the landlords of each of the Leased Real Property is in compliance with its obligations under the Leases
Leases of Real and Personal Property. A true, correct, and complete list of all leases of real property, and leases of any personal property, to which PLAN is a party, either as lessor or lessee, is set forth in Schedule 5.06 hereto, except that leases cancelable on not more than 120 days notice or without penalty or not involving more than $2,500 annual rent (except to the extent the aggregate rent under all such leases through the date of earliest termination exceeds $10,000) may be excluded therefrom. All such leases are valid and effective in accordance with their respective terms. Seller has furnished to Buyer complete and correct copies of each such lease.
Leases of Real and Personal Property. A true, correct, and complete list and brief description of all leases of real property, and leases of any personal property, to which each Seller is a party, either as lessor or lessee, are set forth in Schedule 6.09 hereto. All such leases are valid and effective in accordance with their respective terms. Except as set forth in Schedule 6.09, the continuation, validity, and effectiveness of each such lease will in no way be affected by this Agreement or the transactions contemplated
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Leases of Real and Personal Property. The Seller has heretofore delivered to the Purchaser true, correct and complete copies of the Lease and all leases for all Acquired Assets designated on Schedule 1.1 (the "Leased Assets") as being leased. All covenants and other restrictions to be performed under any of such leases have been and are being properly performed and observed and no notice of violation (or claimed violation) thereof has been threatened, received or given. The Leased Assets will be assigned to the Purchaser at Closing.
Leases of Real and Personal Property. Schedule 1.1(b) sets forth a complete and correct description of all leases of real or personal property of which Seller is the lessee or the sublessee. Except as described in Schedule 2.8, each lease is valid and subsisting and no event or condition exists that constitutes, or after notice or lapse of time or both would constitute, a default thereunder that could reasonably be expected to result in the loss of quiet enjoyment by Seller of the real or personal property that is the subject of the lease.

Related to Leases of Real and Personal Property

  • Real and Personal Property The Company has good and marketable title to, or has valid rights to lease or otherwise use, all items of real and personal property that are material to the business of the Company free and clear of all liens, encumbrances, claims and defects and imperfections of title except those that (i) do not materially interfere with the use of such property by the Company or (ii) would not reasonably be expected to have a Material Adverse Effect.

  • Fixtures and Personal Property All machinery, equipment, fixtures (including, but not limited to all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) and other property of every kind and nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land or the Improvements, or appurtenant thereto, and used in connection with the present or future operation and occupancy of the Land and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, or used in connection with the present or future operation and occupancy of the Land and the Improvements (collectively, the "Personal Property"), and the right, title and interest of Borrower in and to any of the Personal Property which may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by the state or states where any of the Property is located (the "Uniform Commercial Code"), superior in lien to the lien of this Security Instrument and all proceeds and products of the above;

  • Title to Real and Personal Property The Company and its subsidiaries have good and marketable title in fee simple (in the case of real property) to, or have valid and marketable rights to lease or otherwise use, all items of real and personal property and assets that are material to the respective businesses of the Company and its subsidiaries, in each case free and clear of all liens, encumbrances, claims and defects and imperfections of title except those that (i) do not materially interfere with the use made and proposed to be made of such property by the Company and its subsidiaries or (ii) could not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect.

  • Real Estate and Personal Property Taxes A. Except as specifically set forth in Section 4.07.B below, all real estate and personal property taxes, levies, assessments (including special assessments (regardless of when due or whether they are paid as a lump sum or in installments over time) imposed because of facilities that are constructed by or on behalf of the assessing jurisdiction (for example, roads, sidewalks, sewers, culverts, etc.) which directly benefit the Hotel (regardless of whether or not they also benefit other buildings)), “Impact Fees” (regardless of when due or whether they are paid as a lump sum or in installments over time) which are required of Owner as a condition to the issuance of zoning variances or building permits, and similar charges on or relating to the Hotel (collectively, “Impositions”) during the Term shall be paid by Manager from Gross Revenues, before any fine, penalty, or interest is added thereto or lien placed upon the Hotel or upon this Agreement, unless payment thereof is in good faith being contested and enforcement thereof is stayed. Any such payments shall be Deductions in determining Operating Profit. Owner shall, within five (5) days after receipt, furnish Manager with copies of official tax bills and assessments which it may receive with respect to the Hotel. Either Landlord or Owner may, and at Owner’s request Manager shall, initiate proceedings to contest any negotiations or proceedings with respect to any Imposition, and all reasonable costs of any such contest shall be paid from Gross Revenues and shall be a Deduction in determining Operating Profit. Manager shall, as part of its contest or negotiation of any Imposition, be entitled, on Owner’s behalf, to waive any applicable statute of limitations in order to avoid paying the Imposition during the pendency of any proceedings or negotiations with applicable authorities. Notwithstanding anything contained herein to the contrary, at Owner’s option (i) Manager shall establish an escrow account in the name of Owner in a bank or banks designated by Manager with the concurrence of Owner and shall deposit monthly into such account from Gross Revenues an amount that Manager reasonably estimates shall be sufficient to pay the Impositions, in which case Manager shall pay the Impositions from funds in the escrow account as and when the Impositions become due (and Owner shall promptly deposit into the escrow account any deficiency if the estimated monthly payments are not sufficient to pay all of the Impositions) or (ii) the amounts that would otherwise be deposited into such escrow account shall be included in the Operating Profit, not deducted from Gross Revenues and shall be distributed in cash to Owner along with the remainder of the Owner’s Priority. If Owner elects to retain such amounts pursuant to clause (ii) above, Manager shall accrue such amounts as a reserve on the accounting records of the Hotel, and Owner shall fund the same as and when the Impositions become due, but such accrued and unfunded amounts shall be deducted from Gross Revenues for purposes of calculating the Incentive Management Fee. In addition, if any Mortgagee requires the establishment of an escrow account with respect to the Impositions, Manager shall comply with such requirements.

  • Real and Personal Property Taxes (A) All general and special real and personal property taxes and assessments (collectively, the “Taxes”), based on the regular tax xxxx for the current fiscal year (or, if such tax xxxx has not been issued as of the date of the Closing, the regular tax xxxx for the fiscal year preceding the current fiscal year) shall be prorated between Seller and Buyer at the Closing as of the Proration Date. Without limiting the foregoing, any and all accrued and unpaid supplemental or special real property taxes or assessments that relate to any time period prior to the Proration Date shall be the responsibility of Seller and, if not paid prior to or at Closing, shall be credited to the Buyer at Closing, and any and all supplemental or special real property taxes or assessments that relate to any time period on or after the Proration Date shall be the responsibility of Buyer and if paid by Seller prior to or at Closing, shall be credited to Seller at Closing. Without limiting the foregoing, in the event any supplemental or special real property taxes or assessments are levied prior to Closing, but are due and payable in one or more installments subsequent to the Closing, such supplemental or special real property taxes or assessments shall be allocated on a pro rata basis over the applicable payment period in question and prorated between Seller and Buyer as of the Proration Date. Notwithstanding any of the terms and conditions to the contrary contained in this Section 11.2(a)(iii), in the event any such Taxes are paid for directly by the Tenants to the applicable taxing authorities, such Taxes shall be not prorated between Seller or Buyer

  • Replacement of Fixtures and Personalty Mortgagor shall not, without the prior written consent of Mortgagee, permit any of the Fixtures or Personalty owned or leased by Mortgagor to be removed at any time from the Land or Improvements, unless the removed item is removed temporarily for maintenance and repair or is permitted to be removed by the Credit Agreement.

  • Personal Property Leases Except as set forth in Schedule 3.13.(b), Company has no leases of personal property involving consideration or other expenditure in excess of $5,000 or involving performance over a period of more than three months.

  • Real Property; Personal Property (a) Neither the Company nor any of its Subsidiaries owns any real property.

  • Leases and Rent Roll To Borrower’s actual knowledge, Borrower has delivered to Lender a true, correct and complete rent roll for the Property (a “Rent Roll”) which includes all Leases affecting the Property (including schedules for all executed Leases for Tenants not yet in occupancy or under which the rent commencement date has not occurred). To Borrower’s actual knowledge, except as set forth in the Rent Roll (as same has been updated by written notice thereof to Lender) and estoppel certificates delivered to Lender on or prior to the Closing Date: (a) each Lease is in full force and effect; (b) the premises demised under the Leases have been completed and the Tenants under the Leases have accepted possession of and are in occupancy of all of their respective demised premises; (c) the Tenants under the Leases have commenced the payment of rent under the Leases and there are no offsets, claims or defenses to the enforcement thereof, and Borrower has no monetary obligations to any Tenant under any Lease; (d) all Rents due and payable under the Leases have been paid and no portion thereof has been paid for any period more than thirty (30) days in advance; (e) the rent payable under each Lease is the amount of fixed rent set forth in the Rent Roll and there is no claim or basis for a claim by the Tenant thereunder for an offset or adjustment to the rent; (f) no Tenant has made any written claim of a material default against the landlord under any Lease which remains outstanding nor has Borrower or Manager received, by in-person, or e-mail (with respect to Major Leases only) communication to an authorized representative of Borrower or Manager, any notice of a material default under any Lease; (g) there is no present material default by the Tenant under any Lease; (h) all security deposits under the Leases have been collected by Borrower; (i) Borrower is the sole owner of the entire landlord’s interest in each Lease; (j) each Lease is the valid, binding and enforceable obligation of Borrower and the applicable Tenant thereunder and there are no agreements with the Tenants under the Leases other than as expressly set forth in the Leases; (k) no Person has any possessory interest in, or right to occupy, the Property or any portion thereof except under the terms of a Lease; (l) none of the Leases contains any option or offer to purchase or right of first refusal to purchase the Property or any part thereof; (m) neither the Leases nor the Rents have been assigned, pledged or hypothecated except to Lender, and no other Person has any interest therein except the Tenants thereunder; and (n) no conditions exist which now give any Tenant or party the right to “go dark” pursuant to the provision of its Lease, if applicable.

  • Real Property Interests Except for leasehold interests disclosed on Schedule 3.20, and except for the ownership or other interests set forth on Schedule 3.20, no Credit Party has, as of the Closing Date, any ownership, leasehold or other interest in real property. Schedule 3.20 sets forth, with respect to each parcel of real estate owned by any Credit Party as of the Closing Date, the address and legal description of such parcel.

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