Interests in Real Property. (a) Schedule 3.11 sets forth a true and complete list of all real properties owned and all material real property leased by the Company or any of its Subsidiaries. Each of the Company and its Subsidiaries has good and marketable title in fee simple to all real properties owned by it, free and clear of all Liens, except for Permitted Liens, and valid and enforceable leasehold interests in all real estate leased by it, except where the lack of such title or the invalidity or unenforceability of such leasehold interests could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
(b) None of the real properties owned by, or the leasehold estates of, the Company or any Subsidiary are subject to (i) any Liens or (ii) any easements, rights of way, licenses, grants, building or use restrictions, exceptions, reservations, limitations or other impediments that, in either case (i) or (ii), will materially adversely affect the value thereof for their present use, taken as a whole, or that materially interfere with or impair the present and continued use thereof, taken as a whole, in the usual and normal conduct of the business of any such person.
(c) To the best knowledge of the Company, all improvements on such real properties and the operations therein conducted conform in all material respects to all applicable health, fire, environmental, safety, zoning and building laws, ordinances and administrative regulations (whether through grandfathering provisions, permitted use exceptions, variances or otherwise), except for possible nonconforming uses or violations that do not and will not interfere with the present use, operation or maintenance thereof as now used, operated or maintained or access thereto, and that do not and will not materially affect the value thereof for their present use. Neither the Company nor any Subsidiary has received notice of any violation of or noncompliance with any such laws, ordinances or administrative regulations from any applicable governmental or regulatory authority, except for notices of violations or failures so to comply, if any, that could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Interests in Real Property. (a) Section 5.23(a) of the Company Disclosure Memorandum sets forth a true and complete list of all real properties owned by the Company Entities (the "Owned Real Property"). Section 5.23(a) of the Company Disclosure Memorandum sets forth (i) the street address and use description of each Owned Real Property, (ii) the name of the entity which holds the interest in each Owned Real Property (each, an "Owner" and, collectively, the "Owners"), and (iii) the approximate square footage of each Owned Real Property. Except as disclosed in Section 5.23(a) of the Company Disclosure Memorandum, the Owners own good, marketable and insurable fee simple title to each of the Owned Real Property and such interests are not subject to any Liens. Except as disclosed in Section 5.23(a) of the Company Disclosure Memorandum, none of the Owned Real Property is subject to any lease, sublease, license or other agreement granting to any person any right to the use, occupancy or enjoyment thereof (or any portion thereof).
(i) Company has made available to Parent all plans, specifications and architectural drawings and all warranties relating to the Owned Real Property or the buildings, structures, improvements, equipment, facilities, plants and fixtures comprising, situated at or located thereon, to the extent in Company's possession.
(ii) All Owned Real Property includes all utilities and rights of access to public roads, streets or the like or valid easements over private streets, roads or other private property for such ingress to and egress from the Real Property, except as would not materially impair the ability to use any such Real Property as presently conducted.
(b) Section 5.23(b) of the Company Disclosure Memorandum sets forth a true and complete list of all real properties leased or subleased by each Company Entity (the "Leased Real Property" and, together with the Owned Real Property, collectively, the "Real Property"). Section 5.23(b) of the Company Disclosure Memorandum sets forth (i) the street address and use description of each Leased Real Property, (ii) the name of the entity which holds the interest in each Leased Real Property (each, a "Lessee" and, collectively, the "Lessees"), (iii) the approximate square footage of each Leased Real Property.
(c) Other than the Real Property Leases, no Company Entity (or their subsidiaries) is a party to any lease, sublease, license or other agreement granting to any Person any right to the use, occupancy or enjoyment of real p...
Interests in Real Property. US WIRELESS does not own or lease any real property, except for that listed on an attachment hereto.
Interests in Real Property. Except as listed in attachment hereto does not own any item of real property.
Interests in Real Property. LICENSEE shall acquire or settle all property, property rights and all damages to property affected by the installation, construction, maintenance, and operation of the Facilities. The cost of said property, property rights and damages to property shall be borne by LICENSEE. RAILWAY, insofar as it has the legal right so to do, shall permit LICENSEE to enter upon lands owned or operated by RAILWAY to construct and occupy its property with sufficient width to permit construction and maintenance of the Facilities. LICENSE and RAILWAY shall enter into good faith negotiations for a price to be consistent with the property interest determined by LICENSEE to be needed for the proposed improvement. However, the price to be paid by LICENSEE to RAILWAY for said conveyances (representing the fair market value thereof plus damages, if any, to the residue) shall be as mutually agreed upon within nine (9) months from the date of occupancy by LICENSEE, and if agreement as to price is reached, an additional period of ninety (90) days shall be allowed for settlement, it being agreed however, that if no agreement as to price is reached within the aforesaid nine (9) month period, LICENSEE will within ninety (90) days thereafter institute an eminent domain proceeding authorized by law for the determination of the value of same. The provisions of this Agreement shall survive the institution of such eminent domain proceeding. LICENSEE shall furnish the plans and descriptions for any such conveyance. It is understood, however, that the foregoing right of entry is a permissive use only, and this Section is not intended to convey or obligate RAILWAY to convey any interest in its land.
Interests in Real Property. Except as set forth and described in Schedule 2.13 hereto, the Company has no interest in any owned or leased real properties and is not in material violation of any covenant, agreement, or other obligation with respect to any such interests in real properties.
Interests in Real Property. (a) Schedule 3.11 sets forth a true and complete list of all real properties leased by the Company or any of its Subsidiaries. Neither the Company nor any of its Subsidiaries owns any real property.
(b) None of the leasehold estates of the Company or any Subsidiary are subject to (i) any Liens or (ii) any easements, rights of way, licenses, grants, building or use restrictions, exceptions, reservations, limitations or other impediments that, in either case (i) or (ii), will materially adversely affect the value thereof for their present use, taken as a whole, or that materially interfere with or impair the present and continued use thereof, taken as a whole, in the usual and normal conduct of the business of any such person.
(c) To the knowledge of the Company, all improvements on such real properties and the operations therein conducted conform in all material respects to all applicable health, fire, environmental, safety, zoning and building laws, ordinances and administrative regulations (whether through grandfathering provisions, permitted use exceptions, variances or otherwise), except for possible nonconforming uses or violations that do not and will not interfere with the present use, operation or maintenance thereof as now used, operated or maintained or access thereto, and that do not and will not materially affect the value thereof for their present use. Neither the Company nor any Subsidiary has received notice of any violation of or noncompliance with any such laws, ordinances or administrative regulations from any applicable Governmental Authority, except for notices of violations or failures so to comply, if any, that could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Interests in Real Property. (a) The Company does not own and has never owned any real property. Section 3.10 of the Disclosure Schedule sets forth a true and complete list of all real properties leased by the Company. Except as disclosed in Section 3.10 of the Disclosure Schedule, the Company has good and transferable leaseholds in all real property shown in Section 3.10 of the Disclosure Schedule as leased by it (all such leases being referred to herein as "Real Property Leases"). To any Seller's knowledge each of the Real Property Leases is valid and enforceable. To any Seller's knowledge there does not exist under any Real Property Lease any default by the Company or any landlord or any event which with notice or lapse of time or both would constitute a default by either the Company or the landlord. Except as disclosed in Section 3.10 of the Disclosure Schedule, none of the Company's interests in real property leased by the Company is subject to any liens (other than a lien of current property Taxes and assessments not in default, if any), mortgages or encumbrances; and none of such real properties is subject to any easement, right of way, license, grant, building or use restriction, exception, reservation, limitation or other impediment which materially and adversely affects the value thereof to the Company or which interferes with or impairs the present and continued use thereof in the usual and normal conduct of the business of the Company. Sellers have no reason to believe, nor have they attempted to determine whether improvements on all real property leased or used by the Company and the operations therein conducted fail to conform in all material respects to all applicable health, fire, environmental, safety, zoning and building laws, ordinances and administrative regulations, except for nonconforming uses or violations which do not and will not expose any person or property to injury or damage, adversely affect any insurance coverage, give rise to strict liability, penalties or fines, jeopardize any Licenses or Environmental Permits, or interfere materially in any respect with the present use, operation or maintenance thereof by the Company as now used, operated or maintained, or which do not and will not materially and adversely affect the value thereof. All buildings, structures, improvements and fixtures owned, leased or used by the Company in the conduct of its business are in good operating condition and repair.
(b) There are no outstanding requirements or recommendati...
Interests in Real Property. HFT owns all real property purported to be owned by it as of the date hereof, in each case free and clear of all liens, except for those liens described in Schedule 3.10.
Interests in Real Property. 2a. Any direct or indirect interests in real property worth more than $1,000 where the real property is located within the City of Chico or within two miles of the City of Chico’s boundaries.
