Condition and Location. Except as set forth on Schedule 3.9, all of the tangible assets of the Company that are included in the Assets are in good operating condition and repair (ordinary wear and tear excepted) and are useable in the ordinary course of business. Except as set forth on Schedule 3.9, none of the personal or movable property owned or leased by the Company is located other than at the Leased Real Property.
Condition and Location. Except as set forth on Schedule 3.9, all of the tangible assets of the Company which are part of the Assets have been properly maintained in accordance with industry standards, are in good operating condition and repair and are useable in the ordinary course of business. Except as set forth on Schedule 3.9, none of the tangible assets of the Company requires any material repair or replacement, except for maintenance in the ordinary course of business. Except as set forth on Schedule 3.9, none of the personal or movable property owned or leased by the Company is located other than at the Leased Real Property.
Condition and Location. Xxxxx agrees to take the Structure(s) “as is” and “where is.” The County makes no representations or warranties of any kind regarding the condition of the Structure(s), their suitability for relocation, or the feasibility of relocation.
Condition and Location. All of the tangible assets that are part of the Purchased Assets are in good operating condition, ordinary wear and tear excepted, and are useable in the ordinary course of business consistent with past custom and practice. There is no material tangible asset or material portion of the tangible assets which are part of the Purchased Assets that requires any material repair or replacement. No property owned or leased by the Sellers used in connection with the operation of the Business is located other than at the Leased Real Property.
Condition and Location. Except as set forth in Schedule 3.7, on the Closing Date, the tangible, personal property comprising the Assets (other than inventory) is in good operating condition and is useable in the ordinary course of business. All of such tangible assets which are part of the Assets are in good condition and repair, ordinary wear and tear excepted. None of such Assets requires any repair or 12PAGE replacement, except for maintenance in the ordinary course of business. Except as set forth on Schedule 3.7, none of the tangible personal property of the Seller used in the Business is held under any lease, security agreement, conditional sales contract or other title retention or security arrangement, or is located other than at the Property.
Condition and Location. Other than as set forth in Schedule 3.6(b), all Tangible Assets are in working order and repair (subject to normal wear and tear). Other than as set forth on Schedule 3.6(b), each Tangible Asset is owned by the Seller free and clear of any Liens, except for: (i) any Liens for Taxes (and assessments) not delinquent or which are being contested in good faith; (ii) any mechanic, workmen, repairmen, warehousemen, carriers and other similar liens and encumbrances arising in the ordinary course of business that are not delinquent or which are being contested in good faith; (iii) with respect to leased or licensed personal property, the terms and conditions of the lease or license applicable thereto; and (iv) Liens to be released at or prior to Closing (“Permitted Liens”). No Tangible Asset has a material defect other than defects that can be remedied by repairs in the ordinary course of business consistent with past practice. No Tangible Asset is in need of material repair or maintenance other than repair or maintenance in the ordinary course of business consistent with past practice. Except as set forth on Schedule 3.6(b), no Person other than the Seller owns or has any right to use or possess any Tangible Asset. No Tangible Assets are located anywhere other than at the Leased Real Property or held in the name or of any other Person. To the Knowledge of the Seller, the Purchased Assets, taken as a whole, are sufficient for the continued operation by the Buyer of the Business after the Closing in substantially the same manner as the Seller currently conducts and operated the Business.
Condition and Location. Schedule 3.7(c) lists all maintenance records of the Company relating to the tangible assets that are part of the Assets as described therein, true and correct copies of which have been or will be delivered to Buyer, and to the knowledge of the Company, such Assets are otherwise generally useable in the ordinary course of business. The tangible assets of the Company that are part of the Assets are in good operating condition and repair, ordinary wear and tear excepted; provided however that this sentence shall not be deemed to apply to any of the Deposit Assets. Except for the Deposit Assets, none of the personal or movable property owned or leased by the Company is located other than at the real property leased by the Company.
Condition and Location. The Contractor must ensure that:
Condition and Location. The tangible assets that are part of the Purchased Assets, taken as a whole, are in operating condition and repair (consistent with their age and subject to normal wear and tear), are adequate and suitable for the purposes for which such tangible personal property are presently used by the Seller in performing the Mortgage Default Support Services (as defined in the Services Agreement). There is no material tangible asset or material portion of the tangible assets which are part of the Purchased Assets that require any material repair or replacement in order to be used by the Buyer following the Closing in substantially the same manner as used by the Seller prior to the Closing. All Purchased Assets are located at the Leased Real Property.
