Common use of Fixed Assets; Properties Clause in Contracts

Fixed Assets; Properties. (a) The November Balance Sheet reflects all of personal property owned or leased and used by Hardware in its business or otherwise held by Hardware, except for (i) property acquired or disposed of in the ordinary and usual course of the business of Hardware since the date of such Balance Sheet, and (ii) personal property not required under GAAP to be reflected thereon. Except as reflected in the notes to the November Balance Sheet and liens on file with the Colorado Secretary of State reflecting International Business Machines Corporation and Lexmark International, Inc. as secured parties, Hardware has good and marketable title to all assets and properties listed on the November Balance Sheet and thereafter acquired, free and clear of any imperfections of title, lien, claim, encumbrance, restriction, charge or equity of any nature whatsoever, except for the lien of current taxes not yet delinquent. The fixed assets listed in SCHEDULE 3.6 are in good condition and repair for the requirements of the business as presently conducted by Hardware. WMT shall be permitted to use such fixed assets so long as WMT shall sublet the existing facilities of Hardware. (b) Hardware has provided WMT with a full and complete list of all real and personal property leased by Hardware or under option to purchase by Hardware, to the extent it represents an Assigned Contract. All such property leased by Hardware is held under valid, subsisting and enforceable leases. To the best of Hardware's knowledge, the operations of Hardware thereon do not violate any applicable material building code, zoning requirement or classifica- tion, or pollution control ordinance or statute relating to the property or to such operations. (c) To the knowledge of Hardware, there are no Hazardous Substances in, under or about the soil, sediment, surface water or groundwater on, under or around any properties at any time owned, leased or occupied by Hardware. To the knowledge of Hardware, Hardware has not disposed of any Hazardous Substances on or about such property or at any site being investigated or remediated for contamination or possible contamination of the environment. "Hazardous Substances" shall mean any substance regulated or prohibited by any law or designated by any governmental agency to be hazardous, toxic, radioactive, regulated medical waste or otherwise a danger to health or the environment.

Fixed Assets; Properties. (a) Schedule 3.8 sets forth all of the real and personal property owned or leased by IDP. The November IDP Balance Sheet reflects and the Closing Balance Sheet will reflect all of the personal property owned or leased and used by Hardware IDP in its business or otherwise held by HardwareIDP, except for (i) property acquired or disposed of in the ordinary and usual course of the business of Hardware IDP since the date of such Balance Sheet, and (ii) personal property not required under GAAP to be reflected thereon. Except as reflected in the notes to the November IDP and Closing Balance Sheet and liens on file with Sheets, to the Colorado Secretary best of State reflecting International Business Machines Corporation and Lexmark Internationalits knowledge, Inc. as secured parties, Hardware IDP has good and marketable title to all assets and properties listed on the November IDP and Closing Balance Sheet Sheets and thereafter acquired, free and clear of any imperfections of title, lien, claim, encumbrance, restriction, charge or equity of any nature whatsoever, except for the lien of current taxes not yet delinquent. The fixed assets listed described in SCHEDULE 3.6 Schedule 3.8 constitute all of the tangible personal property (other than inventory) currently used in the business. All of the fixed assets reflected on the IDP and Closing Balance Sheets or thereafter acquired are in good condition and repair for the requirements of the business as presently conducted by Hardware. WMT shall be permitted to use such fixed assets so long as WMT shall sublet the existing facilities of HardwareIDP. (b) Hardware IDP has provided WMT with a full and complete list of all real and personal property leased by Hardware IDP or under option to purchase by HardwareIDP. To the best of IDP's knowledge, to the extent it represents an Assigned Contract. All all such property leased by Hardware IDP is held under valid, subsisting and enforceable leases. To the best of Hardware's the IDP Parties' knowledge, the operations of Hardware IDP thereon do not violate any applicable material building code, zoning requirement or classifica- tionclassification, or pollution control ordinance or statute relating to the property or to such operations. (c) To the best knowledge of Hardwarethe IDP Parties and management of IDP, there are no Hazardous Substances in, under or about the soil, sediment, surface water or groundwater on, under or around any properties at any time owned, leased or occupied by HardwareIDP. To the knowledge of Hardware, Hardware IDP has not disposed of any Hazardous Substances on or about such property or property. IDP has not disposed of any materials at any site being investigated or remediated for contamination or possible contamination of the environment. "Hazardous Substances" shall mean any substance regulated or prohibited by any law or designated by any governmental agency to be hazardous, toxic, radioactive, regulated medical waste or otherwise a danger to health or the environment.

Fixed Assets; Properties. (a) Schedule 3.8 sets forth the real and personal property, including fixed assets and equipment, owned or leased by Star. The November Star Balance Sheet reflects and the Closing Balance Sheet will reflect all of the personal property owned or leased and used by Hardware Star in its business or otherwise held by HardwareStar, except for (i) property acquired or disposed of in the ordinary and usual course of the business of Hardware Star since the date of such Balance Sheet, and (ii) personal property not required under GAAP to be reflected thereon. Except as reflected in the notes to the November Star and Closing Balance Sheet and liens on file with the Colorado Secretary of State reflecting International Business Machines Corporation and Lexmark InternationalSheets, Inc. as secured parties, Hardware Star has good and marketable title to all assets and properties listed on the November Star and Closing Balance Sheet Sheets and thereafter acquired, free and clear of any imperfections of title, lien, claim, encumbrance, restriction, charge or equity of any nature whatsoever, except for the lien of current taxes not yet delinquent. The fixed assets listed described in SCHEDULE 3.6 Schedule 3.8 constitute all of the tangible personal property (other than inventory) currently used in the business. To the best of the Star Parties' knowledge, all of the fixed assets reflected on the Star and Closing Balance Sheets or thereafter acquired are in good condition and repair for the requirements of the business as presently conducted by Hardware. WMT shall be permitted to use such fixed assets so long as WMT shall sublet the existing facilities of HardwareStar. (b) Hardware Star has provided WMT with a full and complete list of all real and personal property leased by Hardware Star or under option to purchase by Hardware, to the extent it represents an Assigned ContractStar. All such property leased by Hardware Star is held under valid, subsisting and enforceable leases. To the best of Hardware's the Star Parties' knowledge, the operations of Hardware Star thereon do not violate any applicable material building code, zoning requirement or classifica- tionclassification, or pollution control ordinance or statute relating to the property or to such operations. (c) To the knowledge of HardwareStar or the Star Shareholders, there are no Hazardous Substances in, under or about the soil, sediment, surface water or groundwater on, under or around any properties at any time owned, leased or occupied by HardwareStar. To the knowledge of Hardware, Hardware Star has not disposed of any Hazardous Substances on or about such property or property. Star has not disposed of any materials at any site being investigated or remediated for contamination or possible contamination of the environment. "Hazardous Substances" shall mean any substance regulated or prohibited by any law or designated by any governmental agency to be hazardous, toxic, radioactive, regulated medical waste or otherwise a danger to health or the environment.

Fixed Assets; Properties. (a) Schedule 3.8 sets forth the real and personal property, including fixed assets and equipment, owned or leased by TSI. The November TSI Balance Sheet reflects and the Closing Date Balance Sheet will reflect all of the personal property owned or leased and used by Hardware TSI in its business or otherwise held by HardwareTSI, except for (i) property acquired or disposed of in the ordinary and usual course of the business of Hardware TSI since the date of such Balance Sheet, and (ii) personal property not required under GAAP to be reflected thereon. Except as reflected in the notes to the November TSI Balance Sheet and liens on file with the Colorado Secretary of State reflecting International Business Machines Corporation and Lexmark InternationalClosing Date Balance Sheet, Inc. as secured parties, Hardware TSI has good and marketable title to all assets and properties listed on the November TSI Balance Sheet and Closing Date Balance Sheet and thereafter acquired, free and clear of any imperfections of title, lien, claim, encumbrance, restriction, charge or equity of any nature whatsoever, except for the lien of current taxes not yet delinquent. The fixed assets listed described in SCHEDULE 3.6 Schedule 3.8 constitute all of the tangible personal property (other than inventory) currently used in the business. To the best of the TSI Parties' knowledge, all of the fixed assets reflected on the TSI Balance Sheet and Closing Date Balance Sheet or thereafter acquired are in good condition and repair for the requirements of the business as presently conducted by Hardware. WMT shall be permitted to use such fixed assets so long as WMT shall sublet the existing facilities of HardwareTSI. (b) Hardware TSI has provided WMT with a full and complete list of all real and personal property leased by Hardware TSI or under option to purchase by Hardware, to the extent it represents an Assigned ContractTSI. All such property leased by Hardware TSI is held under valid, subsisting existing and enforceable leases. To the best of Hardware's the TSI Parties' knowledge, the operations of Hardware TSI thereon do not violate any applicable material building code, zoning requirement or classifica- tionclassification, or pollution control ordinance or statute relating to the property or to such operations. (c) To the knowledge of HardwareTSI or Xxxxx, there are no Hazardous Substances in, under or about the soil, sediment, surface water or groundwater on, under or around any properties at any time owned, leased or occupied by HardwareTSI. To the knowledge of Hardware, Hardware TSI has not disposed of any Hazardous Substances on or about such property or property. TSI has not disposed of any materials at any site being investigated or remediated for contamination or possible contamination of the environment. "Hazardous Substances" shall mean any substance regulated or prohibited by any law or designated by any governmental agency to be hazardous, toxic, radioactive, regulated medical waste or otherwise a danger to health or the environment.