Equipment and Other Tangible Property. Except as otherwise set forth on Schedule 4.16, the Company’s equipment, furniture, machinery, vehicles, structures, fixtures and other tangible property included in the Properties (the “Tangible Company Properties”), other than Inventory, is suitable for the purposes for which intended and in good operating condition and repair consistent with normal industry standards, except for ordinary wear and tear, and except for such Tangible Company Properties as shall have been taken out of service on a temporary basis for repairs or replacement consistent with the Company’s prior practices and normal industry standards. To the Knowledge of the Company and the Stockholder, the Tangible Company Properties are free of any structural or engineering defects, and during the past five years there has not been any significant interruption of the Company’s business due to inadequate maintenance or obsolescence of the Tangible Company Properties.
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Samples: Amended and Restated Agreement and Plan of Merger (GenuTec Business Solutions, Inc.), Amended and Restated Agreement and Plan of Merger (GenuTec Business Solutions, Inc.)
Equipment and Other Tangible Property. Except as otherwise set forth on Schedule 4.164.15, the Company’s equipment, furniture, machinery, vehicles, structures, fixtures and other tangible property included in the Properties (the “Tangible Company Properties”), other than Inventory, is suitable for the purposes for which intended and in good operating condition and repair consistent with normal industry standards, except for ordinary wear and tear, and except for such Tangible Company Properties as shall have been taken out of service on a temporary basis for repairs or replacement consistent with the Company’s prior practices and normal industry standards. To the Knowledge of the Company and the StockholderCompany, the Tangible Company Properties are free of any structural or engineering defects, and during the past five years there has not been any significant interruption of the Company’s business due to inadequate maintenance or obsolescence of the Tangible Company Properties.
Appears in 2 contracts
Samples: Stock Exchange Agreement (Solar Thin Films, Inc.), Stock Exchange Agreement (Solar Thin Films, Inc.)
Equipment and Other Tangible Property. Except as otherwise set forth on Schedule 4.163.16, the Company’s 's equipment, furniture, machinery, vehicles, structures, fixtures and other tangible property included in the Properties (the “"Tangible Company Properties”"), other than Inventory, is are suitable for the purposes for which intended and in good operating condition and repair consistent with normal industry standards, except for ordinary wear and tear, and except for such Tangible Company Properties as shall have been taken out of service on a temporary basis for repairs or replacement consistent with the Company’s 's prior practices and normal industry standards. To the Knowledge of the Company and the StockholderCompany, the Tangible Company Properties are free of any structural or engineering defects, and during the past five years there has not been any significant interruption of the Company’s 's business due to inadequate maintenance or obsolescence of the Tangible Company Properties.
Appears in 1 contract
Samples: Stock Purchase Agreement (Sunglass Hut International Inc)
Equipment and Other Tangible Property. Except as otherwise set forth on Schedule 4.163.16, the Company’s 's equipment, furniture, machinery, vehicles, structures, fixtures and other tangible property included in the Properties (the “"Tangible Company Properties”"), other than Inventory, is suitable for the purposes for which intended and in good operating condition and repair consistent with normal industry standards, except for ordinary wear and tear, and except for such Tangible Company Properties as shall have been taken out of service on a temporary basis for repairs or replacement consistent with the Company’s 's prior practices and normal industry standards. To the Knowledge of the Company and the StockholderCompany, the Tangible Company Properties are free of any structural or engineering defects, and during the past five years there has not been any significant interruption of the Company’s 's business due to inadequate maintenance or obsolescence of the Tangible Company Properties.
Appears in 1 contract
Equipment and Other Tangible Property. Except as otherwise set forth on Schedule 4.163.16, the Company’s equipment, furniture, machinery, vehicles, structures, fixtures and other tangible property included in the Properties (the “Tangible Company Properties”), other than Inventory, is suitable for the purposes for which intended and in good operating condition and repair consistent with normal industry standards, except for ordinary wear and tear, and except for such Tangible Company Properties as shall have been taken out of service on a temporary basis for repairs or replacement consistent with the Company’s prior practices and normal industry standards. To the Knowledge of the Company and the StockholderCompany, the Tangible Company Properties are free of any structural or engineering defects, and during the past five years there has not been any significant interruption of the Company’s business due to inadequate maintenance or obsolescence of the Tangible Company Properties.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Spectrum Sciences & Software Holdings Corp)
Equipment and Other Tangible Property. Except as otherwise set forth on Schedule 4.164.14 attached hereto, the Company’s equipment, furniture, machinery, vehicles, structures, fixtures fixtures, and other tangible property included in the Properties (the “Tangible Company Properties”), other than Inventory, is suitable for the purposes for which intended and in good operating condition and repair consistent with normal industry standards, except for ordinary wear and tear, and except for such Tangible Company Properties as shall have been taken out of service on a temporary basis for repairs or replacement consistent with the Company’s prior practices and normal industry standards. To the Knowledge of the Company and the StockholderCompany, the Tangible Company Properties are free of any known structural or engineering defects, and during since the past five years Company’s inception, there has not been any significant interruption of the Company’s business due to inadequate maintenance or obsolescence of the Tangible Company Properties.
Appears in 1 contract
Samples: Membership Interest Purchase Agreement (Spongetech Delivery Systems Inc)
Equipment and Other Tangible Property. Except as otherwise set forth on Schedule 4.16, the The Company’s equipment, furniture, machinery, vehicles, structures, fixtures and other tangible property included in the Properties (the “Tangible Company Properties”), other than Inventoryinventory, is suitable for the purposes for which intended and in good operating condition and repair consistent with normal industry standards, except for ordinary wear and tear, and except for such Tangible Company Properties as shall have been taken out of service on a temporary basis for repairs or replacement consistent with the Company’s prior practices and normal industry standards. To the Knowledge of the Company and the StockholderCompany, the Tangible Company Properties are free of any structural or engineering defects, and during the past five years there has not been any significant interruption of the Company’s business due to inadequate maintenance or obsolescence of the Tangible Company Properties. A list of the Tangible Company Properties was previously provided to the Buyer and is herein attached as Schedule 3.18.
Appears in 1 contract
Samples: Membership Interest Purchase Agreement (Telava Networks Inc)
Equipment and Other Tangible Property. Except as otherwise set forth on Schedule 4.163.16, the Company’s equipment, furniture, machinery, vehicles, structures, fixtures fixtures, and other tangible property included in the Properties (the “Tangible Company Properties”), other than Inventory, is suitable for the purposes for which intended and in good operating condition and repair consistent with normal industry standards, except for ordinary wear and tear, and except for such Tangible Company Properties as shall have been taken out of service on a temporary basis for repairs or replacement consistent with the Company’s prior practices and normal industry standards. To the Knowledge of the Company and the StockholderCompany, the Tangible Company Properties are free of any structural or engineering defects, and during the past five years there has not been any significant interruption of the Company’s business due to inadequate maintenance or obsolescence of the Tangible Company Properties.
Appears in 1 contract
Samples: Asset Purchase Agreement (Smith & Wesson Holding Corp)