Common use of Equipment; Leasehold Clause in Contracts

Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to the Company are adequate for the uses to which they are being put, are in good condition and repair as of the Closing Date (ordinary wear and tear excepted) and are adequate for the conduct of the Company's business in the manner in which such business is currently being conducted. (b) Part 2.8 of the Disclosure Schedule identifies all real property owned or leased by the Company.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Digital River Inc /De), Merger Agreement (Digital River Inc /De)

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Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to the Company are adequate for the uses to which they are being put, are in good operating condition and repair as of the Closing Date (ordinary wear and tear excepted) and are adequate for the conduct of the Company's business of the Company in the manner in which such business is currently being conducted. (b) The Company does not own any leasehold interest in real property, except for the leasehold created under the real property lease identified in Part 2.8 of the Disclosure Schedule identifies all real property owned or leased by the CompanySchedule.

Appears in 2 contracts

Samples: Merger Agreement (Ask Jeeves Inc), Merger Agreement (Ebay Inc)

Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to the Company are adequate for the uses to which they are being put, are in good condition and repair as of the Closing Date (ordinary wear and tear excepted) and are adequate for the conduct of the Company's business in the manner in which such business is currently being conducted. (b) The Company does not own any real property or any interest in real property, except for the leasehold created under the real property lease identified in Part 2.8 2.10 of the Company Disclosure Schedule identifies all real property owned or leased by the CompanySchedule.

Appears in 2 contracts

Samples: Merger Agreement (Medibuy Com Inc), Merger Agreement (Vitesse Semiconductor Corp)

Equipment; Leasehold. (aA) All material items of equipment and other tangible assets owned by or leased to the Company are adequate for the uses to which they are being put, are in good condition and repair as of the Closing Date (ordinary wear and tear excepted) and are adequate for the conduct of the Company's business in the manner in which such business is currently being conducted. (bB) The Company does not own any real property or any interest in real property, except for the leasehold created under the real property lease identified in Part 2.8 2.10 of the Company and Selling Shareholder Disclosure Schedule identifies all real property owned or leased by the CompanySchedule.

Appears in 1 contract

Samples: Stock Purchase Agreement (Improvenet Inc)

Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to the Company are adequate for the uses to which they are being put, are in good condition and repair as of the Closing Date (ordinary wear and tear excepted) and are adequate for the conduct of the Company's business in the manner in which such business is currently being conducted. (b) Part 2.8 2.8(b) of the Disclosure Schedule identifies all real property owned or leased by the Company.

Appears in 1 contract

Samples: Merger Agreement (Digital River Inc /De)

Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to the Company Companies are adequate for the uses to which they are being put, are in good condition and repair as of the Closing Date (ordinary wear and tear excepted) and are adequate for the conduct of the Company's Companys' business in the manner in which such business is currently being conducted. (b) Neither Company owns any real property or any interest in real property, except for the leasehold interests identified in Part 2.8 2.10 of the Disclosure Schedule identifies all real property owned or leased by the CompanySchedule.

Appears in 1 contract

Samples: Asset Purchase Agreement (Media 100 Inc)

Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to the Company Seller are adequate for the uses to which they are being put, are in good condition and repair as of the Closing Date (ordinary wear and tear excepted) and are adequate for the conduct of the CompanySeller's business in the manner in which such business is currently being conducted. (b) Part 2.8 2.8(b) of the Disclosure Schedule identifies all real property owned or leased by the CompanySeller.

Appears in 1 contract

Samples: Asset Purchase Agreement (Digital River Inc /De)

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Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to the Company are adequate for the uses to which they are being put, are in good condition and repair as of the Closing Date (ordinary wear and tear excepted) and are adequate for the conduct of the Company's business in the manner in which such business is currently being conducted. (b) The Company does not own any real property or any interest in real property, except for the leasehold interests created under the real property leases identified in Part 2.8 2.8(b) of the Company Disclosure Schedule identifies all real property owned or leased by the CompanySchedule.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Qualcomm Inc/De)

Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to the Company are adequate for the uses to which they are being put, are in good condition and repair as of the Closing Date (ordinary wear and tear excepted) and are adequate for the conduct of the Company's business in the manner in which such business is currently being conducted. (b) The Company does not own any real property or any interest in real property, except for the leasehold created under the real property lease identified in Part 2.8 2.9 of the Company Disclosure Schedule identifies all real property owned or leased by the CompanySchedule.

Appears in 1 contract

Samples: Merger Agreement (Medibuy Com Inc)

Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to the Company are adequate for the uses to which they are being put, are in good condition and repair as of the Closing Date (ordinary wear and tear excepted) and are adequate for the conduct of the Company's business in the manner in which such business is currently being conducted. (b) The Company does not own any real property or any interest in real property, except for the leasehold interests identified in Part 2.8 2.10 of the Disclosure Schedule identifies all real property owned or leased by the CompanySchedule.

Appears in 1 contract

Samples: Merger Agreement (Media 100 Inc)

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