Leasehold Properties. (i) Section 3.13(b) of the Sellers’ Disclosure Schedule sets forth a list of all Properties that are leased or otherwise occupied by the Company or any of its Subsidiaries other than any freehold properties (referred to in this Section 3.13 as (“Leased Properties”), identifying the date of the agreement by which such Properties are occupied (each a “Property Lease”), the location, parties, base rent, term and any options to extend relating thereto, together with such details applicable to any superior titles. The Company and its Subsidiaries have paid their respective rents in full and up to date and has observed and performed the covenants on the part of the lessee and the conditions contained in any leases (which expression includes underleases) under which the Leased Properties are held and the last demands for rent (or receipts if issued) were unqualified and all such leases are valid and in full force in accordance with their respective terms.
(ii) All licenses, consents and approvals required from the lessors and any superior lessors under the Property Leases and from their respective mortgagees (if any) have been obtained and the covenants on the part of the lessee contained in such licenses, consents and approvals have been duly performed and observed.
(iii) There are no notices, negotiations or proceedings pending in relation to rent reviews nor is any rent liable at the date hereof to be reviewed and time is not of the essence in respect of any steps to be taken in the conduct of rent reviews.
(iv) There is no obligation to reinstate any of the Leased Properties by removing or dismantling any alteration made to the same by the Company, any of its Subsidiaries or any predecessor in title to the Company.
(v) There is no outstanding, unobserved or unperformed obligation necessary to comply with any notice or other requirement given by the lessor under any Property Leases.
(vi) There are no circumstances which would entitle any such lessor to exercise any powers of entry or take possession or which would otherwise restrict the continued possession and enjoyment of the Leased Properties. To the Knowledge of the Sellers, there are no indications that any creditor of the lessor of the business premises of the Company’s German Subsidiary in Nürnberg, Germany, intends to enforce its rights against such lessor by selling such business premises (or parts thereof) in a public auction.
(vii) There are no laws, statutes, regulations or orders now in existence ...
Leasehold Properties. Where the interest of the Group Companies in any Property is leasehold, the requisite details have been completed in Part 2 of Schedule 3 and, so far as the Seller is aware:
(i) no Group Company has received any subsisting notice alleging a material breach on the part of the tenant of any covenants, conditions and agreements contained in the relevant leases; and
(ii) the rent has been paid up to date.
Leasehold Properties. 8.3.1 Where any of the Properties is leasehold, particulars of each lease vested in a Group Company are set out in PART 2 of SCHEDULE 3 and in relation to each such lease:-
(a) the landlord and all superior landlords had good title to grant the lease and any superior leases respectively and all abstracts and epitomes of all superior titles have been placed with the title deeds to the Property to which the lease relates;
(b) any consent necessary for the grant of the lease has been obtained and a copy of the consent is with the title deeds to the Property to which the lease relates;
(c) where the current annual rent is not the same as the annual rent originally reserved in the lease, evidence of its agreement or determination has been placed with the documents of title and no rent reviews are or should be currently under negotiation or the subject of a reference to an expert or arbitrator or the Courts;
(d) the receipt for the payment of rent which fell due immediately prior to the date hereof is unqualified;
(e) no notices of breaches of any covenants or conditions contained in the lease have been given or received on the part of either the landlord or the relevant Group Company and the landlord has not refused to accept rent or made any complaint of breach of covenant;
(f) no alterations, improvements or additions have been made to the Property to which the lease relates since the grant of the lease or in respect of all such alterations, improvements or additions made all necessary consents and approvals have first been obtained where required;
(g) sections 24 to 28, Landlord and Xxxxxx Xxx 0000 have not been excluded; and
(h) no surety has been released either expressly or by implication.
Leasehold Properties. 5.1 Each of the Properties is held under the leases details of which are set out in schedule 8 and no licence or supplementary agreements or concessions have been entered into or granted in respect of those leases.
5.2 The Company is not engaged in any negotiation for review of the rent payable under any lease under which it holds any of the Properties and no negotiations for such review have been concluded changing the rent from that set out in schedule 8 or in the Disclosure Letter.
5.3 So far as the Sellers are aware, the landlord of each of the Properties has complied with the obligations and covenants of the landlord in each of the leases details of which are set out in schedule 8.
Leasehold Properties. Each of the Properties which is leasehold is held under the lease brief details of which are set out in schedule 6 and no licences or collateral arrangements or concessions have been entered into or granted, each such lease being a head lease and containing no rights of determination on the part of the landlord, and there are no rent reviews which are or will at the date of Completion be in the course of being determined.
Leasehold Properties. In relation to those Properties which are leasehold:
Leasehold Properties. Most of these items ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■
Leasehold Properties. (a) All leases (which expression includes underleases and tenancy agreements) under which any Group Company holds any of the Properties are valid and in full force and effect. Complete and accurate copies of such leases (other than the lease of the property at Picton Board Premises, Xxxxxxx Xxxxx Avenue, Brymenyn Industrial Estate, Bridgend in respect of which a memorandum of the main terms is contained in the Data Room) are set out in the Data Room.
(b) No Group Company has given or received a written notice of default under any leases of the Properties and an outstanding unobserved or unperformed obligation comply with any notice or other requirement given by any landlord under any lease of the Properties.
Leasehold Properties. (a) Each of the Properties which is leasehold is held under the lease brief details of which are set out in schedule 5.
(b) Any lease of any of the Properties which is a new tenancy for the purposes of the L&T Covenants Act is stated so to be in schedule 5.
(c) The Company has paid the principal rent due and has received no notice from the landlord claiming any outstanding breach of any of the other covenants and obligations on the part of the tenant contained in the relevant lease.
(d) In relation to each of the Properties which is leasehold, there has been no written complaint by the landlord received by the tenant alleging any breach nor any refusal to accept rent.
(e) There are no outstanding notices given by the landlord or the tenant or proceedings pursuant to the Landlord and Xxxxxx Xxx 0000 or, in the case of Cyberview Czech, the Act No. 116/1990 Coll., on lease of non-residential premises, as amended, of the Czech Republic.
(f) Any consents required for the granting of any lease were duly obtained.
