ARG RESTAURANTS Sample Clauses
ARG RESTAURANTS. (a) Section 3.25(a) of the Triarc Disclosure Letter sets forth a true and complete list of the Restaurants owned or operated by ARG or any of its Subsidiaries (which Section may be updated by Triarc prior to the Closing Date to reflect any additions or deletions thereto after the date hereof) (the "ARG RESTAURANTS"). The stores, equipment, machinery, fixtures and improvements owned by ARG and its Subsidiaries or otherwise used by ARG and its Subsidiaries in connection with the operation of the ARG Restaurants are (as to physical plant and structure) structurally sound, in good operating condition and repair, except for ordinary wear and tear, and are adequate for the uses to which they are being put.
(b) To the Knowledge of Triarc, neither ARG nor any of its Subsidiaries has received written notice that any of the buildings and structures or any appurtenances thereto or equipment therein or the operation or maintenance thereof related to the ARG Restaurants violates in any material respect any restrictive covenants, any insurance requirements or any applicable federal, state or local Law, ordinance or zoning regulation. To the Knowledge of Triarc, none of the property nor any buildings, structures or improvements thereon related to the ARG Restaurants violate in any material respect any building, fire, environmental or other Laws.
(c) No Governmental Entity has issued or threatened, in writing, to issue any written notice or order that materially affects the use of the property of an ARG Restaurant as presently utilized and neither ARG nor any of its Subsidiaries has received written notice from any other third party of any adverse claim that would materially affect the current operations of an ARG Restaurant. There are no condemnation or eminent domain proceedings pending or, to the Knowledge of Triarc, threatened, against the property where any ARG Restaurant is located, and neither ARG nor any of its Subsidiaries has received written notice of the intent of any Governmental Entity to take or use the property or any part thereof.
