Leases and Subleases. Certain of the Schedules shall incorporate by reference separately executed lease arrangements (each, a “Lease”) or sublease agreements (each, a “Sublease”) with respect to certain office spaces identified in the applicable Schedule in accordance with the specific language in the applicable Schedule. Each such Lease or Sublease shall be substantially in the form attached to the applicable Schedule, with modifications to the form as may be necessary in order to comply with the requirements of the Group occupying the applicable space, or with the requirements of a particular Lease for any such space or of a third party landlord, or as may be beneficial to the Parties based on the provisions of any such Lease. Notwithstanding the form attached to a Schedule, the executed Lease or Sublease shall be the document incorporated into the applicable Schedule, and, notwithstanding anything to the contrary contained in this Agreement or the applicable Schedule, the rights and obligations of the Groups with respect to the occupancy of any particular office space shall be governed by the applicable Lease or Sublease. In the event of any inconsistency between the terms of this Agreement, the applicable Schedule and/or the applicable Lease or Sublease, the terms of the applicable Lease or Sublease shall control and be binding on both Parties and their respective Groups. Each Party shall take all reasonable actions to assure that all property occupied by personnel of both Groups are clearly marked to delineate the separation between them.
Leases and Subleases. The Property is not subject to any Leases other than the Master Lease. To Borrower’s knowledge, the Property is not subject to any Subleases other than the Subleases set forth on Schedule IV attached hereto. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Master Lease and the Subleases. The Master Lease and, to Borrower’s knowledge, the current Subleases are in full force and effect and to Borrower’s knowledge, there are no material defaults thereunder by either party (other than as expressly disclosed on Schedule IV or in the estoppel certificates, if any, delivered to Lender in connection with the closing of the Loan) and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute material defaults thereunder. No Master Lease Rent has been paid more than one (1) month in advance of its due date, except as disclosed in the Master Lease SNDA delivered to Lender in connection with the closing of the Loan. There has been no prior sale, transfer or assignment, hypothecation or pledge by Borrower (or in the case of the Maryland Property, the Maryland Loan Guarantor) or Master Lessee of the Master Lease or of the Master Lease Rents received therein, which will be outstanding following the funding of the Loan, other than those being assigned to Lender concurrently herewith. To Borrower’s knowledge, no Tenant under any Sublease has a right or option pursuant to such Sublease or otherwise to purchase all or any part of the Property of which the leased premises are a part. Master Lessee does not have a right or option pursuant to the Master Lease or otherwise to purchase all or any part of the Property of which the leased premises are a part.
Leases and Subleases. (a) Seller shall cause the members of the Seller Group that are party to the lease in Section 5.20(a) of the Seller Disclosure Schedule to effect an amendment to such Lease on such terms as set forth in Section 5.20(a) of the Seller Disclosure Schedule and in such form as is reasonably acceptable to Seller and the Purchaser.
(b) Seller shall use commercially reasonable efforts, at Purchaser’s expense, to obtain the required consents to effect an assignment and amendment of the office lease set forth in Section 5.20(b) of the Seller Disclosure Schedule in such form as is reasonably acceptable to Seller and Purchaser.
(c) Upon prior written notice from the Purchaser, Seller shall take commercially reasonable efforts to provide the notice as set forth in Section 5.20(c) of the Seller Disclosure Schedule.
Leases and Subleases. Each lease or sublease pursuant to which the Seller or CRM leases or subleases any real or personal property, either as lessor or lessee, is valid and binding in accordance with its terms, and there is not under such lease or sublease any existing default or breach of covenant by the Seller or CRM or by the other party thereto, or any condition, event, or act that with notice or lapse of time or both would constitute default. Schedule 2.5(b) hereto contains a true, correct and complete list of each lease of real property and personal property to which the Seller or CRM is a party and in which capacity.
Leases and Subleases. Buyer shall have delivered to Sellers the leases and subleases described in Sections 9.9 and 9.12.
Leases and Subleases. 1.1 BANK and JMC intend to enter into lease agreements in substantially the form set forth in Appendix A hereto (hereafter each lease so entered into shall be referred to as a "Lease") and sublease agreements substantially in the form set forth in Appendix B hereto (hereafter each sublease so entered into shall be referred to as a "Sublease"). Neither this Agreement nor any Lease or Sublease is intended to represent or create a partnership or joint venture between BANK and JMC. No sales activity hereunder shall take place at a Branch (as defined in Section 1.2 hereof) unless or until a Lease or Sublease for such Branch is fully executed by all necessary parties.
1.2 Each branch ("Branch") of BANK for which a Lease or Sublease is signed shall, if and to the extent necessary for regulatory purposes only, be deemed a branch of JMC and accordingly may be inspected, during normal business hours, by governmental authorities with which JMC is registered or licensed to conduct business and by any self-regulatory organizations of which JMC is a member. JMC, by virtue hereof, shall have the right to inspect each Branch during normal business hours, to ensure that BANK is in compliance with the terms of this Agreement. At each Branch, BANK shall provide an area with reasonable office furnishings for use by one JMC Employee ("Sales Specialist"). Each such area shall be in a segregated and distinct area of the Branch. A sign on or near the desk, or on the office itself, will disclose that JMC is a distinct and separate entity from and not affiliated in any way with BANK. The nature, size and location of such signs shall be determined by mutual agreement of the parties hereto. The Sales Specialists will also carry and distribute business cards to distinguish themselves from employees of BANK. Additional Branches may be added hereto from time to time by mutual consent of the parties provided that a Lease or Sublease for each additional Branch is fully executed by all necessary parties.
Leases and Subleases a. Effective as of the date of execution of this Agreement, the Operator subleased from ABG or a subsidiary of ABG those Existing Locations which are leased by ABG or a subsidiary of ABG as noted on Exhibit B attached hereto. The terms and conditions of the subleases are comparable to the terms of the lease agreements for such properties; provided, however, the monthly rents for the subleases are as follows: (i) for the Charleston area locations identified as Gold Strike/Lucky I, Ponderosa and Beacon I, the monthly rent is equal to $100 multiplied by the number of Machines operated at the respective location during the month, but in no event less than the number of Machines operated at the respective location on the date of execution of this Agreement, which monthly rent per Machine shall increase at each anniversary date of the respective sublease by the consumer price index for the applicable region for the prior twelve-month period plus one percent; and (ii) for the Augusta area locations identified as Lucky 4, Double 7/Wild Cherry and Golden Palace, the monthly rent is equal to the monthly rent set forth in the underlying lease agreement for each such location. The Operator hereby agrees that it will not take any action, or fail to take any action, which in any way may jeopardize the effectiveness of any of the leases underlying these subleases. In addition, ABG and the Company each agree that they will take all reasonable efforts to obtain the necessary consents required for these respective locations to be subleased to the Operator under the existing underlying leases, and to maintain and preserve the leases underlying these subleases. Upon termination of the lease underlying a sublease, it is understood that the respective sublease will also terminate and that accordingly this Agreement will terminate with respect to that respective Existing Location.
b. Effective as of the date of execution of this Agreement, the Operator leased from ABG or a subsidiary of ABG the Existing Location at 1470 Xxxxxxxxxx Xxxxxxx xx Xxxx Xxxxxxxx, Xxxxx Xxxxxxxx. Xxe Operator and ABG or its subsidiary, as applicable, entered into a lease agreement for this location. The monthly rent for this lease is equal to $100 multiplied by the number of Machines operated at the location during the month, but in no event less than the number of Machines operated at the location on the date of execution of this Agreement, which monthly rent per Machine shall increase at each annivers...
Leases and Subleases. It enjoys quiet and undisturbed possession under all leases and subleases under which it is operating, and all of such leases and subleases are valid and subsisting and not in default.
Leases and Subleases. All interests of Xxxxxx X. Xxxxxx, Xxxxxxx Xxxxxx Xxxxxx and Food Facts in leases and subleases of personal property with respect to the El Dorado, Camden, and Magnolia locations, and all interests of Xxxxxx X. Xxxxxx, Xxxxxxx Xxxxxx Xxxxxx and Food Facts in real property leases and subleases in the El Dorado, Camden and Magnolia locations.
Leases and Subleases. All right, title and interest of Seller in, to and under (a) the Leases (other than the Leases for “Xxxx Cinemas 16” and “Mililani 14” (both as defined in Exhibit A-1 attached hereto)), and (b) the subleases described on Exhibit A-2 attached hereto (the “Subleases”), including, in the case of the Subleases, any and all claims held by Seller in its capacity as the sublandlord under such Subleases;
