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. 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, duly authorized and entered into, 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. 11 2.11. Insurance.......................................................11 2.12. Taxes...........................................................11 2.13.
Leasehold Interests. 6 2.10. Taxes...............................................................................6 2.11.
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. (A) List of leases under which Mortgagor is lessor; (B) List of leases where Mortgagor is lessee.
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. (a) Schedule 3.18(a) sets forth a true and complete list of all material leases, subleases, rental or other occupancy agreements relating to any real property and any rights to use or occupy real property, or rights or interests therein, held by the Company or any of its Subsidiaries as lessee or sublessee (in each case, whether recorded or unrecorded) and used or held for use in or relating to the Business and, with respect to each such lease, sublease, rental or other occupancy or use agreement, briefly describes the use of such interest in the operation of the Business, any leased reserves, and certain other details as set forth in Schedule 3.18(a) (the "Leasehold Interests"). All of the Leasehold Interests are in full force and effect in accordance with their terms and neither the applicable lessee or sublessee, nor, to the Knowledge of the Company, any other party thereto is in default or breach with respect to any of its obligations thereunder and there has not occurred any event which, with notice or lapse of time or both, would constitute such default or breach. All payments required under all Leasehold Interests, including all rents, royalties, taxes, maintenance or concession fees, annual filings, and additional rents have been made in accordance with the terms of the applicable lease or use agreement, as required by such Governmental Authority, or as required by the grantor of such concession. For all Leasehold Interests relating to mining rights that are not actively mined, such right to mine has not been terminated, expired or forfeited, except for such terminations, expirations or forfeitures which would not be reasonably likely to, individually or in the aggregate, have a Material Adverse Effect. The Company has not received any written notice that there are any underlying mortgages or deeds of trust affecting any leased real property and having priority over the Leasehold Interest, or rights or interests therein, used by the Company. The Company is in full use or possession of the real property or portion thereof subject to the Leasehold Interests, or rights or interests granted therein. To the Knowledge of the Company, the Company is not using any real property or interest therein subject to a Leasehold Interest in violation of any Applicable Law.
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.
