Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to the Acquired Corporations are, in the reasonable judgment of the Acquired Corporations, adequate for the uses to which they are being put, are in good condition and repair (ordinary wear and tear excepted) and are adequate for the conduct of the business of the Acquired Corporations in the manner in which such businesses are currently being conducted. (b) None of the Acquired Corporations own any real property or any interest in real property, except for the leaseholds created under the real property leases identified in Part 2.8 of the Company Disclosure Schedule.
Appears in 3 contracts
Samples: Agreement and Plan of Merger and Reorganization (Dna Sciences Inc), Agreement and Plan of Merger and Reorganization (Axys Pharmecueticals Inc), Merger Agreement (Pharmaceutical Product Development Inc)
Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to the Acquired Corporations are, in the reasonable judgment each of the Acquired Corporations, Company and the Subsidiaries are adequate for the uses to which they are being put, are in good operating condition and repair in all material respects (ordinary wear and tear excepted) ), and are adequate for the conduct of the Company’s and the Subsidiaries’ respective business of the Acquired Corporations in the manner in which such businesses are business is currently being conducted.
(b) None of Neither the Acquired Corporations own Company nor any Subsidiary owns any real property or any interest in real property, except for the leaseholds leasehold interests created under the real property leases identified in Part 2.8 of the Company Disclosure ScheduleSchedule 2.8(b).
Appears in 2 contracts
Samples: Merger Agreement (Xse, LLC), Merger Agreement (Xhibit Corp.)
Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to any of the Acquired Corporations are, in the reasonable judgment (i) are free of the Acquired Corporations, adequate for the uses to which they are being put, are any material defects and deficiencies and in good condition and repair (ordinary wear and tear excepted), and (ii) comply in all material respects with, and are adequate for the conduct of the business of the Acquired Corporations being operated and otherwise used in the manner in which such businesses are currently being conductedsubstantial compliance with, all applicable Legal Requirements.
(b) None of the Acquired Corporations own owns any real property or any interest in real property, except for the leaseholds leasehold interests created under the real property leases identified in Part 2.8 2.8(b) of the Company Disclosure Schedule.
Appears in 1 contract
Samples: Merger Agreement (Titan Corp)