Leasehold Interests Sample Clauses
Leasehold Interests. Each lease or agreement to which the Company is a party under which it is a lessee of any property, real or personal, is a valid and subsisting agreement without any default of the Company thereunder and, to the best of the Company's knowledge, without any default thereunder of any other party thereto. No event has occurred and is continuing which, with due notice or lapse of time or both, would constitute a default or event of default by the Company under any such lease or agreement or, to the best of the Company's knowledge, by any other party thereto. The Company's possession of such property has not been disturbed and, to the best of the Company's knowledge, no claim has been asserted against the Company adverse to its rights in such leasehold interests.
Leasehold Interests. With respect to any ground lease to which a Mortgaged Property may be subject: (i) the Mortgagor is the owner of a valid and subsisting leasehold interest under such ground lease: (ii) such ground lease is in full force and effect, unmodified and not supplemented by any writing or otherwise; (iii) all rent, additional rent and other charges reserved therein have been fully paid to the extent payable as of the Closing Date; (iv) the Mortgagor enjoys the quiet and peaceful possession of the leasehold estate, subject to any sublease; (v) the Mortgagor is not in default under any of the terms of such ground lease, and there are no circumstances which, with the passage of time or the giving of notice, or both, would result in a default under such ground lease; (vi) the lessor under such ground lease is not in default under any of the terms or provisions of such ground lease on the part of the lessor to be observed or performed; (vii) the lessor under such ground lease has satisfied any repair or construction obligations due as of the Closing Date pursuant to the terms of such ground lease; and (viii) the execution, delivery and performance of the Mortgage do not require the consent (other than those consents which have been obtained and are in full force and effect) under, and will not contravene any provision of or cause a default under, such ground lease
Leasehold Interests. 6 SECTION 2.10. Insurance......................................................................6 SECTION 2.11. Taxes..........................................................................7
Leasehold Interests. (a) Subject to all of the terms and conditions of this Agreement, and that certain Fiber Optic Access and Purchase Agreement entered into by Colonial and PTI contemporaneously herewith (the "Fiber Optic Access and Purchase Agreement"), Colonial agrees to lease to PTI the right to use portions of the currently existing Colonial Rights-of-Way and Related Facilities for the uses and purposes described herein (each such portion leased to PTI pursuant to the terms hereof being a "Leasehold Interest"). The Leasehold Interests to be granted hereby include the non-exclusive use of a strip of land five (5) feet on either side of the centerline of the telecommunication conduits and appurtenances to be installed hereunder within the designated Colonial Rights-of-Way, or such larger area as may be reasonably necessary for the construction and operation of the "Telecommunications Network" (as defined in Section 1.5 hereof), as approved by Colonial in accordance with Article III hereof; provided that, if necessary along a particular "Segment" (as hereinafter defined), PTI may request that Colonial attempt to acquire additional right-of-way at PTI's expense, to be included as part of the Colonial Rights-of-Way for the purposes hereof.
(b) In the event that Colonial expands the Colonial System beyond its current boundaries as of the date hereof, and should PTI desire to utilize such expansion, then Colonial and PTI will negotiate in good faith to extend the Leasehold Interests to be granted hereunder to include the additional Colonial Rights-of-Way applicable to such extensions of the Colonial System and to determine the compensation to be received by Colonial therefor.
(c) PTI's rights in the Colonial Rights-of-Way and Related Facilities hereunder consist solely of Leasehold Interests subject to the terms of this Agreement and PTI does not acquire hereby any other or additional rights in or to any portion of the Colonial Rights-of-Way or any Related Facilities. PTI further acknowledges that Colonial hereby reserves such access and other rights as are necessary to enable Colonial to reasonably commercialize the "Colonial Conduit" (as defined in the Fiber Optic Access and Purchase Agreement), including, without limitation, full rights of access with respect to any portion of the Colonial Rights-of-Way otherwise leased to PTI in order to allow Colonial (or its assignee(s) or licensee(s) to maintain, operate, repair, replace and upgrade the Colonial Conduit as necessary or a...
Leasehold Interests. Each lease or agreement to which the Company is a party under which it is a lessee of any property, real or personal, is a valid subsisting agreement, without any material default of the Company thereunder and, to the knowledge of the Company, without any default thereunder of any other party thereto. No event has occurred and is continuing which, with due notice or lapse of time or both, would constitute a default or event of default under any such lease or agreement. The Company's possession of such property has not been disturbed nor has any claim been asserted against the Company adverse to its rights in such leasehold interests.
Leasehold Interests. The representations, warranties, and statements of Sellers regarding the Leasehold Interests are complete, current, and accurate, do not contain or will not contain any untrue statement of material fact, and do not omit or will not omit to state any fact necessary to make each such representation, warranty, or statement accurate and not misleading in any material respect. As to the Leasehold Interests: (a) all leases under which the Sellers lease any real property (the “Real Property Leases”) are valid and in full force and effect and constitute binding obligations of the Sellers and the counterparties thereto, and Seller enjoys peaceful and undisturbed possession of the Real Property Leases, in accordance with their respective terms; (b) there are not any existing default by the Sellers under any of the Real Property Leases that would give the lessor under such Real Property Lease the right to terminate such Real Property Lease or amend or modify such Real Property Lease in a manner adverse to the Sellers or Buyer (after Closing); (c) no event has occurred which, after notice or lapse of time or both, would constitute a default by Sellers under any Real Property Lease, where such default if uncured would give the lessor under such Real Property Lease the right to terminate such Real Property Lease or amend or modify such Real Property Lease in a manner adverse to the Sellers or Buyer (after Closing); (d) Sellers have not subleased, assigned or otherwise granted to any person the right to use or occupy such Real Property Leases or any portion thereof; and (e) Sellers have not pledged, mortgaged or otherwise granted an encumbrance on its leasehold interest in any Real Property Lease.
Leasehold Interests. 6 2.10. Taxes...............................................................................7 2.11.
Leasehold Interests. Each lease or agreement to which the Company or Bartxxx, xxspectively, is a party under which it is a lessee of any property, real or personal (a list of all such leases being attached hereto as Schedule 2.9), is a valid and subsisting agreement without any material default of the Company or Bartxxx, xxspectively, thereunder and, to the knowledge of the Company, without any material default thereunder of any other party thereto. No event has occurred and is continuing which, with due notice or lapse of time or both, would constitute a default or event of default by the Company or Bartxxx, xxspectively, under any such lease or agreement or, to the knowledge of the Company, by any other party thereto.
Leasehold Interests. With respect to any ground lease to which a Mortgaged Property may be subject: (i) the Mortgagor is the owner of a valid and subsisting leasehold interest under such ground lease: (ii) such ground lease is in full force and effect; (iii) all rent, additional rent and other charges reserved therein have been fully paid to the extent payable as of the Closing Date; (iv) the Mortgagor enjoys the quiet and peaceful possession of the leasehold estate, subject to any sublease; (v) the Mortgagor is not in default under any of the terms of such ground lease, and there are no circumstances which, with the passage of time or the giving of notice, or both, would result in a default under such ground lease; (vi) the lessor under such ground lease is not in default under any of the terms or provisions of such ground lease on the part of the lessor to be observed or performed and (vii) the term of such lease does not terminate earlier than 5 years following the maturity date of the Mortgage Note.
Leasehold Interests. (A) List of leases under which Mortgagor is lessor; (B) List of leases where Mortgagor is lessee.