Leased Properties. Section 3.22 of the Disclosure Schedule sets forth a list of all of the leases and subleases ("Leases") and each leased and subleased parcel of real property in which the Company has a leasehold or subleasehold interest or to which the Company is a party either as landlord or sublandlord (the "Leased Real Property"). Each of the Leases are in full force and effect, and the Company holds a valid and existing leasehold or subleasehold interest or Landlord or Sublandlord interest as applicable, under each of the Leases described in Section 3.22 of the Disclosure Schedule. The Company has delivered to HK true, correct, complete and accurate copies of each of the Leases. With respect to each Lease set forth on Section 3.22 of the Disclosure Schedule: (i) the Lease is legal, valid, binding, enforceable and in full force and effect; (ii) to the Knowledge of the Company the Lease will continue to be legal, valid, binding, enforceable and in full force and effect on identical terms following the Closing; (iii) neither the Company, nor, to the Knowledge of the Company, any other party to the Lease, is in breach or default, and no event has occurred which, with notice or lapse of time, would constitute such a breach or default by the Company or permit termination, modification or acceleration under the Lease by any other party thereto; (iv) the Company has not, and, to the Knowledge of the Company, no third party has repudiated any provision of the Lease; (v) there are no disputes, oral agreements, or forbearance programs in effect as to the Lease; (vi) the Lease has not been modified in any respect, except to the extent that such modifications are disclosed by the documents delivered to HK; (vii) the Company has not assigned, transferred, conveyed, mortgaged, deeded in trust or encumbered any interest in the Lease (except for Permitted Liens); and (viii) the Lease is fully assignable to HK without the necessity of any consent or the Company shall obtain all necessary consents prior to the Closing.
Leased Properties. Except for short-term space leases entered into by the Company or a Subsidiary in connection with producing a specific Product, Schedule 3.15.2 is a true, correct and complete schedule of all leases, subleases, licenses and other agreements (collectively, the "Real Property Leases") under which the Company or any Subsidiary uses or occupies or has the right to use or occupy, now or in the future, any real property (the land, buildings and other improvements covered by the Real Property Leases being herein called the "Leased Real Property"), which Schedule 3.15 sets forth the date of and parties to each Real Property Lease, the date of and parties to each amendment, modification and supplement thereto, the term and renewal terms (whether or not exercised) thereof and a brief description of the Leased Real Property covered thereby. The Company has heretofore delivered to Metromedia true, correct and complete copies of all Real Property Leases (including all modifications, amendments and supplements). Each Real Property Lease is a legal, valid, binding and enforceable obligation of the Company and is in full force and effect, subject as to enforcement, as to applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors' rights generally and to general principles of equity. All rent and other sums and charges payable by the Company or a Subsidiary as tenant under any Real Property Lease are current, no notice of default or termination under any Real Property Lease is outstanding, no termination event or condition or uncured material default on the part of the Company or the applicable Subsidiary, or to the Knowledge of the Company or the applicable Subsidiary on the part of the landlord, exists under any Real Property Lease, and no event has occurred and no condition exists which, with the giving of notice or the lapse of time or both, would constitute such a default or termination event or condition on the part of the Company or the applicable Subsidiary or, to the Knowledge of the Company or the applicable Subsidiary on the part of the landlord. Except as set forth on Schedule 3.15.2, to the Knowledge of the Company or the applicable Subsidiary, none of the Leased Real Property and the Real Property Leases contravenes any zoning ordinance or other administrative regulation or violates any restrictive covenant, easement or other agreement to which the lessee under any such Real Property Lease is bou...
Leased Properties. As of the Closing Date, each lease of the Loan Parties (other than any lease which is not material to the operations of the Loan Parties taken as a whole) is in good standing in all material respects and all amounts owing thereunder have been paid by the applicable Loan Party except any such amount the payment obligation in respect of which is in bona fide dispute.
Leased Properties. Each Lease is in good standing and all amounts owing under each Lease have been paid by the Borrower, or a Credit Party as applicable.
Leased Properties. 39 Leases..................................................................................................39
Leased Properties. Schedule 3.9 sets forth a true, correct and complete list of all leases, subleases, licenses and other agreements (collectively, the "Real Property Leases") under which the Company or any Subsidiary uses or occupies or has the right to use or occupy, now or in the future, any real property used in or related to the Business (the land, buildings and other improvements covered by the Real Property Leases being herein called the "Leased Real Property"), which Schedule 3.9 sets forth (i) the date of and parties to each Real Property Lease, (ii) the date of and parties to each amendment, modification and supplement thereto, (iii) the term and renewal terms (whether or not exercised) thereof, (iv) the annual rent payable thereunder and (v) a brief description of the Leased Real Property covered thereby. The Company has heretofore delivered to, or caused to be delivered to, the Prior Purchasers true, correct and complete copies of all Real Property Leases (including all modifications, amendments and supplements). Each Real Property Lease is valid, binding and in full force and effect, all rent and other sums and charges payable by the Company and its Subsidiaries as tenant thereunder are current, no notice of default or termination under any Real Property Lease is outstanding, and no termination event or condition or uncured default on the part of the Company or any of its Subsidiaries or, to the Knowledge of the Company, the landlord, exists under any Real Property Lease.
Leased Properties. The "Leased Property Schedule" attached hereto sets forth a list of all of the leases and subleases ("Leases") and each leased and subleased parcel of real property in which the Company or any of it Subsidiaries have a leasehold and subleasehold interest (the "Leased Real Property"). With respect to each Lease listed on the Leased Property Schedule: (i) the Lease is legal, valid, binding, enforceable and in full force and effect; (ii) the Lease will continue to be legal, valid, binding, enforceable and in full force and effect on identical terms following the Closing; (iii) neither the Company nor any of its Subsidiaries nor, to the best of the Company's knowledge, any other party to the Lease is in breach or default, and no event has occurred which, with notice or lapse of time, would constitute such a breach or default or permit termination, modification or acceleration under the Lease; (iv) to the best of the Company's knowledge, no party to the Lease has repudiated any provision thereof; (v) to the best of the Company's knowledge, there are no disputes, oral agreements, or forbearance programs in effect as to the Lease; (vi) the Lease has not been modified in any respect, except to the extent that such modifications are disclosed by the documents delivered to the Lenders; and (vii) neither the Company nor any of it Subsidiaries has assigned, transferred, conveyed, mortgaged, deeded in trust or encumbered any interest in the Lease.
Leased Properties. (i) The Cosi Disclosure Letter sets forth a true, correct and complete list of all leases, subleases, sub-subleases, licenses, revocable use permits and other agreements (collectively, the "Cosi Real Property Leases") under which Cosi uses or occupies any real property, together with the date of and parties to each Cosi Real Property Lease and the effective and expiration dates of and parties to each lease (a "Cosi Overlease") under which such real property has been subleased or sub-sxxxxxxxx to Cosi. (The buildings, structures and other material improvements covered by the Cosi Real Property Leases are defined as the "Cosi Improvements" and the Cosi Improvements together with the land covered by such leases are defined as the "Cosi Leased Real Property"). Cosi has heretofore made available to Xando and its counsel true, correct and complete copies of all Cosi Real Property Leases (including all modifications thereof and all amendments and supplements thereto), and promptly after the execution hereof, Cosi shall have delivered to counsel for Xando such copies of the Cosi Real Property Leases. No written notice of default or termination is outstanding with respect to any Cosi Real Property Lease, and all rent and other sums and charges due and payable by Cosi under each Cosi Real Property Lease are current. Each Cosi Real Property Lease is valid, binding and in full force and effect and with respect to each Cosi Real Property Lease, neither the landlord nor Cosi is in default in its obligations, and no event has occurred nor does any condition exist which, with the giving of notice or the lapse of time or both, would constitute a default under any Cosi Real Property Lease. Cosi holds the leasehold estate under and interest in each Cosi Real Property Lease free and clear of all Encumbrances except (1) Encumbrances listed in the Cosi Disclosure Letter with respect to which, to Cosi's knowledge, no default (or event that, with the giving of notice or lapse of time or both, would constitute a default) exists, (2) Encumbrances securing taxes, assessments, governmental charges or levies, or the claims of materialmen, carriers, landlords and like persons, all of which are not yet due and payable, (3) restrictions on use contained in Cosi Real Property Leases that do not restrict the property subject thereto from being used as such property is currently used or (4) imperfections of title and other Encumbrances that do not materially detract from the value or impair...
Leased Properties. Except as disclosed in the SEC Reports filed prior to the date of this Agreement, the Corporation is the valid lessee of all material leasehold estates reflected in the latest audited financial statements included in such SEC Reports or acquired after the date thereof (except for leases that have expired without default by their terms since the date thereof) and is in valid possession of the properties purported to be leased thereunder, and each such lease is in full force and effect and without default thereunder in any material respect by the lessee or, to the Corporation's knowledge, the lessor.
Leased Properties. The Financial Statements and Schedule 2.1(ag) hereto together list all personal property (including equipment leases) and real property leased by the Company or by the Selling Shareholders in connection with the Business (the "Leased Properties") and the aggregate annual rent or other fees payable under all such leases. The Company has a valid leasehold or ownership interest in all of the Leased Properties, free and clear of any liens.
