Common use of Condition of the Assets Clause in Contracts

Condition of the Assets. Except as would not have an ADCS Material Adverse Effect, the tangible assets of the ADCS Group and each ADCS Group Subsidiary, including real, personal and mixed, material to the operation of its business are in good condition and repair, ordinary wear and tear excepted, and suitable for the uses intended. The assets of the ADCS Group and each ADCS Group Subsidiary are operated in conformity in all material respects with all applicable laws, ordinances, regulations, orders, Permits and other requirements relating thereto adopted or currently in effect. Schedule 3.8 sets forth a list of each asset (other than intangible assets listed on Schedule 3.26 and other than as set forth on Schedule 3.20) having a book value in excess of $50,000, indicating whether each such asset is owned or leased by the ADCS Group or any ADCS Group 18 19 Subsidiary, and setting forth where each such asset is located. Since the Balance Sheet Date (as hereinafter defined), neither the ADCS Group nor any ADCS Group Subsidiary has, except in the ordinary course of business, acquired or sold or otherwise disposed of any of its assets. Schedule 3.8 also includes a list of each lease under which the ADCS Group or any ADCS Group Subsidiary leases an asset (other than leased real property) having replacement cost of $50,000 or more. The leases and other agreements or instruments under which the ADCS Group or any ADCS Group Subsidiary holds, leases, subleases or is entitled to the use of any of the assets having a replacement cost of $50,000 or more are in full force and effect, and all rentals, royalties or other payments payable thereunder have been duly paid or provided for by adequate reserves. No default or event of default by the ADCS Group or any ADCS Group Subsidiary exists, and no event which, with notice or lapse of time or both, would constitute a default by the ADCS Group or any ADCS Group Subsidiary, has occurred and is continuing, under terms or provisions, express or implied, of any lease, agreement or other instrument or under the terms or provisions of any agreement to which any of its assets is subject which leases, agreements or other instruments individually or in the aggregate involve assets having a book value of $50,000 or more, nor has the ADCS Group or any ADCS Group Subsidiary received notice of any claim of such default.

Condition of the Assets. Except as would not have an ADCS ATMI Material Adverse Effect, the tangible assets of the ADCS ATMI Group and each ADCS ATMI Group Subsidiary, including real, personal and mixed, material to the operation of its business are in good condition and repair, ordinary wear and tear excepted, and suitable for the uses intended. The assets of the ADCS ATMI Group and each ADCS ATMI Group Subsidiary are operated in conformity in all material respects with all applicable laws, ordinances, regulations, orders, Permits and other requirements relating thereto adopted or currently in effect. Schedule 3.8 SCHEDULE 4.8 sets forth a list of each asset (other than intangible assets listed on Schedule 3.26 SCHEDULE 4.23 and other than as set forth on Schedule 3.20SCHEDULE 4.25) having a book value in excess of $50,000, indicating whether each such asset is owned or leased by the ADCS ATMI Group or any ADCS ATMI Group 18 19 Subsidiary, and setting forth where each such asset is located. Since the Balance Sheet Date (as hereinafter defined)December 31, 1996, neither the ADCS ATMI Group nor any ADCS ATMI Group Subsidiary has, except in the ordinary course of business, acquired or sold or otherwise disposed of any of its assets. Schedule 3.8 SCHEDULE 4.8 also includes a list of each lease under which the ADCS ATMI Group or any ADCS ATMI Group Subsidiary leases an asset (other than leased real property) having a replacement cost of $50,000 or more. The leases and other agreements or instruments under which the ADCS ATMI Group or any ADCS ATMI Group Subsidiary holds, leases, subleases or is entitled to the use of any of the assets having a replacement cost of $50,000 or more are in full force and effect, and all rentals, royalties or other payments payable thereunder have been duly paid or provided for by adequate reserves. No default or event of default by the ADCS ATMI Group or any ADCS ATMI Group Subsidiary exists, and no event which, with notice or lapse of time or both, would constitute a default by the ADCS ATMI Group or any ADCS ATMI Group Subsidiary, has occurred and is continuing, under terms or provisions, express or implied, of any such lease, agreement or other instrument or under the terms or provisions of any agreement to which any of its assets is subject subject, which leaseslease, agreements or other instruments individually or in the aggregate involve assets having a book value of $50,000 or more, nor has the ADCS ATMI Group or any ADCS Group Subsidiary received notice of any claim of such default.

Condition of the Assets. Except as would not have an ADCS ATMI Material Adverse Effect, the tangible assets of the ADCS ATMI Group and each ADCS ATMI Group Subsidiary, including real, personal and mixed, material to the operation of its business are in good condition and repair, ordinary wear and tear excepted, and suitable for the uses intended. The assets of the ADCS ATMI Group and each ADCS ATMI Group Subsidiary are operated in conformity in all material respects with all applicable laws, ordinances, regulations, orders, Permits and other requirements relating thereto adopted or currently in effect. Schedule 3.8 SCHEDULE 4.8 sets forth a list of each asset (other than intangible assets listed on Schedule 3.26 SCHEDULE 4.23 and other than as set forth on Schedule 3.20SCHEDULE 4.25) having a book value in excess of $50,000, indicating whether each such asset is owned or leased by the ADCS ATMI Group or any ADCS ATMI Group 18 19 Subsidiary, and setting forth where each such asset is located. Since the Balance Sheet Date (as hereinafter defined)December 31, 1996, neither the ADCS ATMI Group nor any ADCS ATMI Group Subsidiary has, except in the ordinary course of business, acquired or sold or otherwise disposed of any of its assets. Schedule 3.8 SCHEDULE 4.8 also includes a list of each lease under which the ADCS ATMI Group or any ADCS ATMI Group Subsidiary leases an asset (other than leased real property) having a replacement cost of $50,000 or more. The leases and other agreements or instruments under which the ADCS ATMI Group or any ADCS ATMI Group Subsidiary holds, leases, subleases or is entitled to the use of any of the assets having a replacement cost of $50,000 or more are in full force and effect, and all rentals, royalties or other payments payable 34 35 thereunder have been duly paid or provided for by adequate reserves. No default or event of default by the ADCS ATMI Group or any ADCS ATMI Group Subsidiary exists, and no event which, with notice or lapse of time or both, would constitute a default by the ADCS ATMI Group or any ADCS ATMI Group Subsidiary, has occurred and is continuing, under terms or provisions, express or implied, of any such lease, agreement or other instrument or under the terms or provisions of any agreement to which any of its assets is subject subject, which leaseslease, agreements or other instruments individually or in the aggregate involve assets having a book value of $50,000 or more, nor has the ADCS ATMI Group or any ADCS Group Subsidiary received notice of any claim of such default.

Condition of the Assets. Except as would not have an ADCS Material Adverse Effect, the tangible assets of the ADCS Group and each ADCS Group Subsidiary, including real, personal and mixed, material to the operation of its business are in good condition and repair, ordinary wear and tear excepted, and suitable for the uses intended. The assets of the ADCS Group and each ADCS Group Subsidiary are operated in conformity in all material respects with all applicable laws, ordinances, regulations, orders, Permits and other requirements relating thereto adopted or currently in effect. Schedule 3.8 sets forth a list of each asset (other than intangible assets listed on Schedule 3.26 and other than as set forth on Schedule 3.20) having a book value in excess of $50,000, indicating whether each such asset is owned or leased by the ADCS Group or any ADCS Group 18 A-18 19 Subsidiary, and setting forth where each such asset is located. Since the Balance Sheet Date (as hereinafter defined), neither the ADCS Group nor any ADCS Group Subsidiary has, except in the ordinary course of business, acquired or sold or otherwise disposed of any of its assets. Schedule 3.8 also includes a list of each lease under which the ADCS Group or any ADCS Group Subsidiary leases an asset (other than leased real property) having replacement cost of $50,000 or more. The leases and other agreements or instruments under which the ADCS Group or any ADCS Group Subsidiary holds, leases, subleases or is entitled to the use of any of the assets having a replacement cost of $50,000 or more are in full force and effect, and all rentals, royalties or other payments payable thereunder have been duly paid or provided for by adequate reserves. No default or event of default by the ADCS Group or any ADCS Group Subsidiary exists, and no event which, with notice or lapse of time or both, would constitute a default by the ADCS Group or any ADCS Group Subsidiary, has occurred and is continuing, under terms or provisions, express or implied, of any lease, agreement or other instrument or under the terms or provisions of any agreement to which any of its assets is subject which leases, agreements or other instruments individually or in the aggregate involve assets having a book value of $50,000 or more, nor has the ADCS Group or any ADCS Group Subsidiary received notice of any claim of such default.

Condition of the Assets. Except as would not have an ADCS ATMI Material Adverse Effect, the tangible assets of the ADCS ATMI Group and each ADCS ATMI Group Subsidiary, including real, personal and mixed, material to the operation of its business are in good condition and repair, ordinary wear and tear excepted, and suitable for the uses intended. The assets of the ADCS ATMI Group and each ADCS ATMI Group Subsidiary are operated in conformity in all material respects with all applicable laws, ordinances, regulations, orders, Permits and other requirements relating thereto adopted or currently in effect. Schedule 3.8 SCHEDULE 4.8 sets forth a list of each asset (other than intangible assets listed on Schedule 3.26 SCHEDULE 4.23 and other than as set forth on Schedule 3.20SCHEDULE 4.25) having a book value in excess of $50,000, indicating whether each such asset is owned or leased by the ADCS ATMI Group or any ADCS ATMI Group 18 19 Subsidiary, and setting forth where each such asset is located. Since the Balance Sheet Date (as hereinafter defined)December 31, 1996, neither the ADCS ATMI Group nor any ADCS ATMI Group Subsidiary has, except in the ordinary course of business, acquired or sold or otherwise disposed of any of its assets. Schedule 3.8 SCHEDULE 4.8 also includes a list of each lease under which the ADCS ATMI Group or any ADCS ATMI Group Subsidiary leases an asset (other than leased real property) having a replacement cost of $50,000 or more. The leases and other agreements or instruments under which the ADCS ATMI Group or any ADCS ATMI Group Subsidiary holds, leases, subleases or is entitled to the use of any of the assets having a replacement cost of $50,000 or more are in full force and effect, and all rentals, royalties or other payments payable A-34 35 thereunder have been duly paid or provided for by adequate reserves. No default or event of default by the ADCS ATMI Group or any ADCS ATMI Group Subsidiary exists, and no event which, with notice or lapse of time or both, would constitute a default by the ADCS ATMI Group or any ADCS ATMI Group Subsidiary, has occurred and is continuing, under terms or provisions, express or implied, of any such lease, agreement or other instrument or under the terms or provisions of any agreement to which any of its assets is subject subject, which leaseslease, agreements or other instruments individually or in the aggregate involve assets having a book value of $50,000 or more, nor has the ADCS ATMI Group or any ADCS Group Subsidiary received notice of any claim of such default.

Condition of the Assets. Except as would not have an ADCS Material Adverse Effect, the tangible assets of the ADCS Group and each ADCS Group Subsidiary, including real, personal and mixed, material to the operation of its business are in good condition and repair, ordinary wear and tear excepted, and suitable for the uses intended. The assets of the ADCS Group and each ADCS Group Subsidiary are operated in conformity in all material respects with all applicable laws, ordinances, regulations, orders, Permits and other requirements relating thereto adopted or currently in effect. Schedule 3.8 sets forth a list of each asset (other than intangible assets listed on Schedule 3.26 and other than as set forth on Schedule 3.20) having a book value in excess of $50,000, indicating whether each such asset is owned or leased by the ADCS Group or any ADCS Group 18 19 Subsidiary, and setting forth where each such asset is located. Since the Balance Sheet Date (as hereinafter defined), neither the ADCS Group nor any ADCS Group Subsidiary has, except in the ordinary course of business, acquired or sold or otherwise disposed of any of its assets. Schedule 3.8 also includes a list of each lease under which the ADCS Group or any ADCS Group Subsidiary leases an asset (other than leased real property) having replacement cost of $50,000 or more. The leases and other agreements or instruments under which the ADCS Group or any ADCS Group Subsidiary holds, leases, subleases or is entitled to the use of any of the assets having a replacement cost of $50,000 or more are in full force and effect, and all rentals, royalties or other payments payable thereunder have been duly paid or provided for by adequate reserves. No default or event of default by the ADCS Group or any ADCS Group Subsidiary exists, and no event which, with notice or lapse of time or both, would constitute a default by the ADCS Group or any ADCS Group Subsidiary, has occurred and is continuing, under terms or provisions, express or implied, of any lease, agreement or other instrument or under the terms or provisions of any agreement to which any of its assets is subject which leases, agreements or other instruments individually or in the aggregate involve assets having a book value of $50,000 or more, nor has the ADCS Group or any ADCS Group Subsidiary received notice of any claim of such default.