Common use of Condition and Operation of Improvements Clause in Contracts

Condition and Operation of Improvements. All buildings and other improvements included within the Real Property (the "Improvements") are in good condition and repair and adequate to operate such facilities as currently used, and, to the Company's Knowledge, there are no facts or conditions affecting any of the Improvements which would, individually or in the aggregate, interfere in any significant respect with the current use, occupancy or operation thereof which interference would, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect on the Company. No Improvement or portion thereof is dependent for its access, operation or utility on any land, building or other improvement not included in the Real Property.

Appears in 3 contracts

Samples: Merger Agreement (Happy Kids Inc), Merger Agreement (Hk Merger Corp), Merger Agreement (Happy Kids Inc)

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Condition and Operation of Improvements. All buildings and other improvements included within the Real Property (the "Improvements") are in good condition and repair and adequate to operate such facilities as currently used, and, to the best of the Company's Knowledgeknowledge and belief, there are no facts or conditions affecting any of the Improvements which would, individually or in the aggregate, interfere in any significant respect with the current use, occupancy or operation thereof which interference would, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect on the CompanyCompany as currently used, occupied or operated or intended to be used, occupied or operated. No Improvement or portion thereof is dependent for its access, operation or utility on any land, building or other improvement not included in the Real Property.

Appears in 2 contracts

Samples: Merger Agreement (Microclock Inc), Merger Agreement (Integrated Circuit Systems Inc)

Condition and Operation of Improvements. All buildings and --------------------------------------- other improvements included within the Real Property (the "Improvements") are in good condition and repair and adequate to operate such facilities as currently used, and, to the Company's Knowledge, and there are no facts or conditions affecting any of the Improvements which would, individually or in the aggregate, interfere in any significant respect with the current use, occupancy or operation thereof which interference would, individually or in the aggregate, a manner that would reasonably be expected to have a Material Adverse Effect on the CompanyCompany as currently used, occupied or operated or intended to be used, occupied or operated. No Improvement or portion thereof is dependent for its access, operation or utility on any land, building or other improvement not included in the Real Property.

Appears in 1 contract

Samples: Series a Cumulative Convertible Preferred Stock Purchase Agreement (Integrated Circuit Systems Inc)

Condition and Operation of Improvements. All buildings and other improvements included within the Real Property (the "Improvements") are are, in all material respects, in good condition and repair and adequate to operate such facilities as currently used, and, to the Company's Knowledgeknowledge, there are no facts or conditions affecting any of the Improvements which would, individually or in the aggregate, interfere in any significant respect with the current use, occupancy or operation thereof which interference would, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect on the Company. No Improvement or portion thereof is dependent for its access, operation or utility on any land, building or other improvement not included in the Real Property.

Appears in 1 contract

Samples: Merger Agreement (Petco Animal Supplies Inc)

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Condition and Operation of Improvements. All buildings and other --------------------------------------------- improvements included within the Real Property (the "Improvements") are are, in all material respects, in good condition and repair and adequate to operate such facilities as currently used, and, to the Company's Knowledgeknowledge, there are no facts or conditions affecting any of the Improvements which would, individually or in the aggregate, interfere in any significant respect with the current use, occupancy or operation thereof which interference would, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect on the Company. No Improvement or portion thereof is dependent for its access, operation or utility on any land, building or other improvement not included in the Real Property.

Appears in 1 contract

Samples: Merger Agreement (Petco Animal Supplies Inc)

Condition and Operation of Improvements. All buildings and other improvements included within the Real Property (the "Improvements") are in good condition and repair and adequate to operate such facilities as currently used, and, to the Company's Knowledge, there are no facts or conditions affecting any of the Improvements which would, individually or in the aggregate, interfere in any significant respect with the current use, occupancy or operation thereof which interference would, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect on the Company. No Improvement or portion thereof is dependent for its access, operation or utility on any land, building or other improvement not included in the Real Property.have

Appears in 1 contract

Samples: Merger Agreement (Happy Kids Inc)

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