Leased Property. Upon and subject to the terms and conditions hereinafter set forth, Landlord leases to Tenant and Tenant leases from Landlord all of Landlord's right, title and interest in and to all of the following (collectively, the "Leased Property"):
(a) the land that is more particularly described in Exhibit C, attached hereto and made a part hereof (the "Land");
(b) all buildings, structures and other improvements of every kind including, but not limited to, the Retirement Community, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and off-site), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the "Leased Improvements");
(c) all easements, rights and appurtenances relating to the Land and the Leased Improvements;
(d) all equipment, machinery, fixtures, and other items of property, now or hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which, to the maximum extent permitted by law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto, but specifically excluding all items included within the category of Tenant's Personal Property (collectively, the "Fixtures");
(e) all machinery, equipment, furniture, furnishings, moveable walls or partitions, computers or trade fixtures located on or in the Leased Improvements, and all modifications, replacements, alterations and additions to such property, except items, if any, included within the category of Fixtures, but specifically excluding all items included within the category of Tenant's Personal Property (collectively, the "Leased Personal Property"); and
(f) all of the Leased Intangible Property.
Leased Property. The AGENCY shall not modify, or change from its original structural condition or configuration, any property leased with the assistance of COUNTY funds including, but not limited to, buildings, trailers, real estate or equipment, without prior written approval by the COUNTY’S Manager of the CCC.
Leased Property. 1.2. Term.............................................................. 1.3.
Leased Property. Section 2.1 of the Consolidated Lease is hereby amended by deleting subsection (a) in its entirety and replacing it with the following:
(a) those certain tracts, pieces and parcels of land as more particularly described in Exhibits A-1 through A-95 attached hereto and made a part hereof (the “Land”).
Leased Property. 16 2.2 Condition of Leased Property.............................17 2.3
Leased Property. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Leased Property, subject, however, to the Permitted Exceptions and subject to the terms and conditions of this Lease.
Leased Property. Section 2.1(a) of the Lease is hereby amended by deleting the reference to “Exhibits A-1 through A-38” in the second line thereof and replacing it with a reference to “Exhibits A-1 through A-39.”
Leased Property. (i) ss.4(k)(ii) of the Disclosure Schedule sets forth the address of each parcel of Leased Real Property, and a true and complete list of all Leases for each such Leased Real Property (including the date and name of the parties to such Lease document). Sellers have delivered to Buyer a true and complete copy of each such Lease document, and in the case of any oral Lease, a written summary of the material terms of such Lease. Except as set forth in ss.4(k)(ii) of the Disclosure Schedule, with respect to each of the Leases:
(A) such Lease is legal, valid, binding, enforceable and in full force and effect;
(B) the transaction contemplated by this Agreement does not require the consent of any other party to such Lease (except for those Leases for which Lease Consents (as hereinafter defined) are obtained), will not result in a breach of or default under such Lease, and will not otherwise cause such Lease to cease to be legal, valid, binding, enforceable and in full force and effect on identical terms following the Closing;
(C) Target's possession and quiet enjoyment of the Leased Real Property under such Lease has not been disturbed and, to the Knowledge of Sellers and the directors and officers of Target, there are no disputes with respect to such Lease;
(D) to the Knowledge of Sellers and the directors and officers of Target, neither Target, or any other party to the Lease is in breach or default under such Lease, and, to the Knowledge of Sellers and the directors and officers of Target, no event has occurred or circumstance exists which, with the delivery of notice, the passage of time or both, would constitute such a breach or default, or permit the termination, modification or acceleration of rent under such Lease;
(E) no security deposit or portion thereof deposited with respect to such Lease has been applied in respect of a breach or default under such Lease which has not been redeposited in full;
(F) Target does not owe, or will owe in the future, any brokerage commissions or finder's fees with respect to such Lease;
(G) the other party to such Lease is not an affiliate of, and otherwise does not have any economic interest in Target;
(H) Target has not subleased, licensed or otherwise granted any Person the right to use or occupy such Leased Real Property or any portion thereof; and
(I) Target has not collaterally assigned or granted any other Lien in such Lease or any interest therein.
(ii) The Leased Real Property identified in ss.4(k)(ii) of the Dis...
Leased Property. For Property leased by Borrower or any Subsidiary and necessary in the ordinary course of the business of Borrower and its Subsidiaries, Borrower and each such Subsidiary enjoy peaceful and undisturbed possession under all of such Leases under which they are operating, all of which permit the customary operations of Borrower and any Subsidiary, as applicable. None of such Leases is in material default that could have a Material Adverse Effect.
Leased Property. Section 3.15 of the Company Schedule contains --------------- ------------ a complete and accurate list of all real property currently leased by Company, and with respect to each Company Lease, the aggregate monthly rental payable thereunder and the expiration date thereof. The Company has furnished or made available to Parent a complete and accurate copy of all leases (each, a "Company ------- Lease" and collectively, the "Company Leases") pursuant to which the Company or ----- -------------- any of its subsidiaries lease any real property. All of the Company Leases are valid and enforceable in accordance with their respective terms, and there is not, under any of the Company Leases, any existing material default or event of default on the part of the Company or any of its subsidiaries or, to the knowledge of the Company, on the part of any other party to any such Company Lease (or any event which with notice or lapse of time, or both, would constitute a material default and in respect of which the Company or any of its subsidiaries has not taken adequate steps to prevent such default from occurring). No term or condition of any Company Lease has been modified, amended or waived except as shown in such documents heretofore furnished or made available to Parent. Each Company Lease constitutes the entire agreement of the landlord and the tenant thereunder, and there are no other Contracts whatsoever relating to the Company's use or occupancy of any of the premises described in the Company Leases. The Company has not transferred or assigned any interest in any Company Lease, nor has the Company subleased or otherwise granted rights of use or occupancy of any of the premises described therein to any other person. As of the date of this Agreement, to the knowledge of Company, the landlord under each Company Lease has complied with all of the material requirements, conditions, representations, warranties and covenants of the landlord thereunder, including, without limitation, the timely completion of construction of the leased premises in a good and workmanlike manner and otherwise in accordance with the Company Leases.
