Common use of Certain Leases Clause in Contracts

Certain Leases. Schedule 4.6 lists all leases to which Lessor is a party in respect of the Business ("Scheduled Leases"). Lessor has delivered to Lessee true and correct copies of all Scheduled Leases and all related amendments, supplements, modifications and related documents (the "Scheduled Lease Documents"). Except as set forth in Schedule 4.6, the Scheduled Lease Documents are unmodified and in full force and effect, and there are no other agreements, written or oral, between Lessor and any third parties claiming an interest in Lessor's interest in the Scheduled Leases or otherwise relating to Lessor's use and occupancy of any leased property. All such Scheduled Leases which Lessee has agreed to assume pursuant to the Assumption Agreement are valid and binding obligations of Lessor, are in full force and effect, and are enforceable against Lessor in accordance with their terms except as such may be limited by bankruptcy and other laws of general applicability affecting sellers' and creditors' rights and general equitable principles; and no event has occurred including, but not limited to, the execution, delivery and performance of this Annex A and the consummation of the transactions contemplated hereby which (whether with or without notice, lapse of time or both) would constitute a default thereunder. Lessor has not received any notice that the other parties to the Scheduled Leases which Lessee has agreed to assume pursuant to the Assumption Agreement are (i) in default under such Leases or (ii) consider Lessor to be in default thereunder. No property leased under any Scheduled Lease which Lessee has agreed to assume pursuant to the Assumption Agreement is, excepted for the Permitted Encumbrances, subject to any lien, encumbrance, easement, right of way, building or use restriction, exception, variance, reservation or limitation as might in any respect interfere with or impair the present and continued use thereof in the usual and normal conduct of the Business.

Certain Leases. Schedule 4.6 lists all leases to which Lessor is a party in respect of the Business Hospital ("Scheduled Leases"). Lessor has delivered to Lessee true and correct copies of all Scheduled Leases and all related amendments, supplements, modifications and related documents (the "Scheduled Lease Documents"). Except as set forth in Schedule 4.6, the Scheduled Lease Documents are unmodified and in full force and effect, and there are no other agreements, written or oral, between Lessor and any third parties claiming an interest in Lessor's interest in the Scheduled Leases or otherwise relating to Lessor's use and occupancy of any leased property. All such Scheduled Leases which Lessee has agreed to assume pursuant to the Assumption Agreement are valid and binding obligations of Lessor, are in full force and effect, and are enforceable against Lessor in accordance with their terms except as such may be limited by bankruptcy and other laws of general applicability affecting sellers' and creditors' rights and general equitable principlesterms; and no event has occurred including, but not limited to, the execution, delivery and performance of this Annex A and the consummation of the transactions contemplated hereby which (whether with or without notice, lapse of time or both) would constitute a default thereunder. Lessor has not received any notice that the other parties to the Scheduled Leases which Lessee has agreed to assume pursuant to the Assumption Agreement are (i) in default under such Leases or (ii) consider Lessor to be in default thereunder. No property leased under any Scheduled Lease which Lessee has agreed to assume pursuant to the Assumption Agreement is, excepted for the Permitted Encumbrances, subject to any lien, encumbrance, easement, right of way, building or use restriction, exception, variance, reservation or limitation as might in any respect interfere with or impair the present and continued use thereof in the usual and normal conduct of the BusinessHospital.

Certain Leases. Schedule 4.6 SCHEDULE 3.7 lists all leases to which Lessor Seller is a party in respect of the Business involving annual obligations on the part of Seller for the payment of rent in excess of $5,000 or involving rental of real property by Seller as lessor, lessee, sublessor or sublessee ("Scheduled LeasesSCHEDULED LEASES"). Lessor Seller has delivered or made available to Lessee Buyer true and correct copies of all Scheduled Leases and all related amendments, supplements, modifications and related documents (the "Scheduled Lease Documents")Leases. Except as set forth in Schedule 4.6, the Scheduled Lease Documents are unmodified and in full force and effect, and there are no other agreements, written or oral, between Lessor and any third parties claiming an interest in Lessor's interest in All of the Scheduled Leases or otherwise relating to Lessor's use and occupancy of any leased property. All such Scheduled Leases which Lessee Buyer has agreed to assume pursuant to the Assumption Agreement Assignment and Undertaking are valid and binding obligations of Lessorthe parties thereto, are in full force and effect, and are enforceable against Lessor the parties thereto in accordance with their terms except as such may be limited by bankruptcy and other laws of general applicability affecting sellers' and creditors' rights and general equitable principlesterms; and to the best of Seller's knowledge, no event has occurred including, but not limited to, the execution, delivery and performance of this Annex A Agreement and the consummation of the transactions contemplated hereby which (whether with or without notice, lapse of time or both) would constitute a default thereunder. Lessor has not received To the best of Seller's knowledge, neither Seller nor any notice that of the other parties to the any of those Scheduled Leases which Lessee Buyer has agreed to assume pursuant to the Assumption Agreement are Assignment and Undertaking (i) is in default under any such Leases Scheduled Lease or (ii) consider Lessor considers Seller to be in default thereunder. No property leased Seller has not, as lessor under any such Scheduled Lease which Lessee has agreed to assume pursuant to the Assumption Agreement isLease, excepted accepted prepaid rent more than one month in advance or waived any rights or obligations thereunder. No consents are required for the Permitted Encumbrances, subject to any lien, encumbrance, easement, right of way, building or use restriction, exception, variance, reservation or limitation as might in any respect interfere with or impair the present and continued use thereof in the usual and normal conduct Seller's assignments of the BusinessScheduled Leases to be assigned except as disclosed in SCHEDULE 3.7 and the lease from Bell Atlantic Tricon Lxxxxng Corporation relating to CRH.

Certain Leases. Schedule 4.6 SCHEDULE 3.7 lists all leases to which Lessor Seller is a party in respect of the Business involving annual obligations on the part of Seller for the payment of rent in excess of $5,000 or involving rental of real property by Seller as lessor, lessee, sublessor or sublessee ("Scheduled LeasesSCHEDULED LEASES"). Lessor Seller has delivered or made available to Lessee Buyer true and correct copies of all Scheduled Leases and all related amendments, supplements, modifications and related documents (the "Scheduled Lease Documents")Leases. Except as set forth in Schedule 4.6, the Scheduled Lease Documents are unmodified and in full force and effect, and there are no other agreements, written or oral, between Lessor and any third parties claiming an interest in Lessor's interest in All of the Scheduled Leases or otherwise relating to Lessor's use and occupancy of any leased property. All such Scheduled Leases which Lessee Buyer has agreed to assume pursuant to the Assumption Agreement Assignment and Undertaking are valid and binding obligations of Lessorthe parties thereto, are in full force and effect, and are enforceable against Lessor the parties thereto in accordance with their terms except as such may be limited by bankruptcy and other laws of general applicability affecting sellers' and creditors' rights and general equitable principlesterms; and to the best of Seller's knowledge, no event has occurred including, but not limited to, the execution, delivery and performance of this Annex A Agreement and the consummation of the transactions contemplated hereby which (whether with or without notice, lapse of time or both) would constitute a default thereunder. Lessor has not received To the best of Seller's knowledge, neither Seller nor any notice that of the other parties to the any of those Scheduled Leases which Lessee Buyer has agreed to assume pursuant to the Assumption Agreement are Assignment and Undertaking (i) is in default under any such Leases Scheduled Lease or (ii) consider Lessor considers Seller to be in default thereunder. No property leased Seller has not, as lessor under any such Scheduled Lease which Lessee has agreed to assume pursuant to the Assumption Agreement isLease, excepted accepted prepaid rent more than one month in advance or waived any rights or obligations thereunder. No consents are required for the Permitted Encumbrances, subject to any lien, encumbrance, easement, right of way, building or use restriction, exception, variance, reservation or limitation as might in any respect interfere with or impair the present and continued use thereof in the usual and normal conduct Seller's assignments of the BusinessScheduled Leases to be assigned except as disclosed in SCHEDULE 3.7.

Certain Leases. Schedule 4.6 SCHEDULE 3.6(A) lists all leases to which Lessor is a party in respect of the Business ("Scheduled Leases"). Lessor has delivered to Lessee true and correct copies of all Scheduled Leases and all related amendments, supplements, modifications and related documents (the "Scheduled Lease Documents"). Except as set forth in Schedule 4.6, the The Scheduled Lease Documents relating to the Assumed Leases are unmodified and in full force and effect, and there are no other agreements, written or oral, between Lessor and any third parties claiming an interest in Lessor's interest in the Scheduled Leases or otherwise relating to Lessor's use and occupancy of any leased property. All such Scheduled of the Assumed Leases which Lessee has agreed to assume pursuant to the Assumption Agreement are valid and binding obligations of Lessor, are in full force and effect, and are enforceable against Lessor in accordance with their terms except as such may be limited by bankruptcy and other laws of general applicability affecting sellers' and creditors' rights and general equitable principlesterms; and no event has occurred including, but not limited to, the execution, delivery and performance of this Annex A and the consummation of the transactions contemplated hereby which (whether with or without notice, lapse of time or both) would constitute a default thereunder. Lessor has not received any written notice that the other parties party to the Scheduled Leases which Lessee has agreed to assume pursuant to the Assumption Agreement are any Assumed Lease (i) is in default under such Leases Assumed Lease or (ii) consider Lessor to be in default thereunder. No Except as expressly noted in SCHEDULE 1.1(D), the Assumed Leases are terminable at the option of Lessor on no more than 90 days notice without liability to Lessor. Except as set forth on SCHEDULE 3.6(B), no property leased under any Scheduled Assumed Lease which Lessee has agreed to assume pursuant to the Assumption Agreement is, excepted for the Permitted Encumbrances, is subject to any lien, encumbrance, easement, right of way, building or use restriction, exception, variance, reservation or limitation as might in any respect interfere with or impair the present and continued use thereof in the usual and normal conduct of the Business. SCHEDULE 3.6(C) contains rent rolls for each building in which Lessor leases or subleases space to tenants, which rent rolls identify each building and its total square footage, and, with respect to each lease or sublease, identify (a) the tenant or subtenant, (b) the number of square feet leased, (c) the term commencement date and expiration date, (d) the annual or monthly rent and (e) tenant's suite number.