FIXED ASSETS AND FACILITY PROPERTY Sample Clauses

FIXED ASSETS AND FACILITY PROPERTY. (a) The Assets constitute substantially all the assets (other than the Excluded Assets) of Seller used in the Business. Except as described on Schedule 3.10(a), all of Seller's containers, vehicles, machinery and equipment necessary for the operation of the Business are in good working order and condition, normal wear and tear excepted, and all of the motor vehicles and other rolling stock of Seller is in material compliance with all applicable laws, rules and regulations. All such vehicles, machinery and equipment are substantially fit for the purposes for which they are utilized and are free from defects which could cause them to fail.
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FIXED ASSETS AND FACILITY PROPERTY. (a) Schedule 3.10(a) lists, as of the Closing Date, substantially all the fixed assets (other than real estate) of Sellers used in the Business, including, without limitation, identification of each vehicle by description and serial number, identification of machinery, equipment and general descriptions of parts, supplies and inventory. All of Sellers' containers, vehicles, machinery and equipment to be acquired by Buyer will be delivered to the Buyer "as is, where is". All leases of fixed assets are in full force and effect and binding upon the parties thereto; neither Sellers nor any other party to such leases is in breach of any of the material provisions thereof.
Sample 1
FIXED ASSETS AND FACILITY PROPERTY. (a) Schedule 3.10(a) lists, as of the Signing Date, substantially all the fixed assets (other than real estate) of Seller used in the Business, including, without limitation, identification of each vehicle by description and serial number, identification of machinery, equipment and general descriptions of parts, supplies and inventory. Except as described on Schedule 3.10(a), all of Seller's containers, vehicles, machinery and equipment necessary for the operation of the Business are in good working order and condition, normal wear and tear excepted, and all of the motor vehicles and other rolling stock of Seller is in material compliance with all applicable laws, rules and regulations. All such vehicles, machinery and equipment are substantially fit for the purposes for which they are utilized and are free from defects which could cause them to fail. All leases of fixed assets are in full force and effect and binding upon the parties thereto; neither Seller nor any other party to such leases is in breach of any of the material provisions thereof.
Sample 1
FIXED ASSETS AND FACILITY PROPERTY. (a) Schedule 3.10(a) lists, as of the Closing Date, substantially all the fixed assets (other than real estate) of Sellers used in the Business, including, without limitation, identification of each vehicle by description and serial number, identification of machinery, equipment and general descriptions of parts, supplies and inventory. Except as described on Schedule 3.10(a), all of Sellers' containers, vehicles, machinery and equipment necessary for the operation of the Business are in good working order and condition, normal wear and tear excepted, and all of the motor vehicles and other rolling stock of Sellers is in material compliance with all applicable laws, rules and regulations. All such vehicles, machinery and equipment are substantially fit for the purposes for which they are utilized. All leases of fixed assets are in full force and effect and binding upon the parties thereto; neither Sellers nor any other party to such leases is in breach of any of the material provisions thereof.
Sample 1
FIXED ASSETS AND FACILITY PROPERTY. (a) Schedule 3.10(a) lists, as of the Signing Date, substantially all the fixed assets (other than real estate) of Seller used in the Business, including, without limitation, identification of each vehicle by description and serial number, identification of machinery, equipment and general descriptions of parts, supplies and inventory. Except as described on Schedule 3.10(a), all of Seller's containers, vehicles, machiner y and equipment necessary for the operation of the Business are in good working order and condition, normal wear and tear excepted, and all of the motor vehicles and other rolling stock of Seller is in material compliance with all applicable laws, rules and regulations. All such vehicles, machinery and equipment are substantially fit for the purposes for which they are utilized and are free from defects which could cause them to fail. Without limiting the generality of the foregoing, the Purchased Trucks are fully automated side loaders, are fully operable and comply in all material respects with regulations applicable to their operation. All leases of fixed assets are in full force and effect and binding upon the parties thereto; neither Seller nor any other party to such leases is in breach of any of the material provisions thereof.
Sample 1

Related to FIXED ASSETS AND FACILITY PROPERTY

  • Leased Assets The term "Leased Assets" shall have the meaning ascribed thereto in Section 3.6.

  • Property Locations (a) Provide to Administrative Agent at least ten (10) days’ prior written notice before adding any new offices or business or Collateral locations, including warehouses (unless such new offices or business or Collateral locations qualify as Excluded Locations).

  • Fixed Assets 7 3.11. Leases ............................................................. 8 3.12. Change in Financial Condition and Assets ........................... 8

  • Assets and Properties The Borrower and each of its Subsidiaries has good and marketable title to all of its assets and properties (tangible and intangible, real or personal) owned by it or a valid leasehold interest in all of its leased assets (except insofar as marketability may be limited by any laws or regulations of any Governmental Authority affecting such assets), and all such assets and property are free and clear of all Liens, except Liens permitted under Section 7.3(C). Substantially all of the assets and properties owned by, leased to or used by the Borrower and/or each such Subsidiary of the Borrower are in adequate operating condition and repair, ordinary wear and tear excepted. Neither this Agreement nor any other Loan Document, nor any transaction contemplated under any such agreement, will affect any right, title or interest of the Borrower or such Subsidiary in and to any of such assets in a manner that could reasonably be expected to have a Material Adverse Effect.

  • Real Property; Assets (a) Neither the Company nor any of its Subsidiaries owns any real property.

  • Included Assets The Assets referred to in Section 1.1(a)(ii) shall include, without limitation, the following assets, properties and rights of Seller used directly or indirectly in the conduct of, or generated by or constituting, the Business, except as otherwise expressly set forth in this Agreement:

  • Property and Equipment (a) The Company has good and valid title to, or in the case of leased property has valid leasehold interests in, all property and assets (whether real or personal, tangible or intangible) reflected on the Balance Sheet or acquired after the Balance Sheet Date. None of such properties or assets is subject to any Liens, except:

  • New Collateral Locations Borrower may open any new location within the continental United States provided Borrower (a) gives Lender thirty (30) days prior written notice of the intended opening of any such new location and (b) executes and delivers, or causes to be executed and delivered, to Lender such agreements, documents, and instruments as Lender may deem reasonably necessary or desirable to protect its interests in the Collateral at such location, including UCC financing statements.

  • Real Estate Assets In order to create in favor of Collateral Agent, for the benefit of Secured Parties, a valid and, subject to any filing and/or recording referred to herein, perfected First Priority security interest in certain Real Estate Assets, Collateral Agent shall have received from Borrower and each applicable Guarantor:

  • Collateral Locations All of such Grantor’s locations where Collateral is located are listed on Exhibit A. All of said locations are owned by such Grantor except for locations (i) which are leased by the Grantor as lessee and designated in Part VII(b) of Exhibit A and (ii) at which Inventory is held in a public warehouse or is otherwise held by a bailee or on consignment as designated in Part VII(c) of Exhibit A.

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