Leases of Property. No asset of Parent or any of its Subsidiaries is (i) required to be treated as being owned by any other Person pursuant to any provision of applicable Law (including, but not limited to, the “safe harbor” leasing provisions of Section 168(f)(8) of the Code, as in effect prior to the repeal of those “safe harbor” leasing provisions), (ii) subject to Section 168(g)(1)(A) of the Code, or (iii) subject to a disqualified leaseback or long-term lease agreement as defined in Section 467 of the Code.
Leases of Property. Schedule 3.12 sets forth a correct and complete list of all leases and subleases of real or personal property by each Grantor as lessee or sublessee (other than any Excluded Assets, and other than any leases of personal property as to which it is lessee or sublessee for which the value of such personal property is less than $500,000), and all leases and subleases of real or personal property by each Grantor as lessor or sublessor. Each of such leases and subleases is valid and enforceable in accordance with its terms (except as limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws and to the effect of general principles of equity whether applied by a court of law or equity) and is in full force and effect, and, to the Grantors’ knowledge, no default by any party to any such lease or sublease exists. Each Grantor party to any lease of Real Estate between Grantors subordinates its right, title and interest under such lease to the Lien of the Collateral Agent and agrees that such lease shall, at the election of the Collateral Agent, so long as an Event of Default has occurred and is continuing, be terminated by notice from the Collateral Agent to such Grantors.
Leases of Property. Neither any Borrower nor any Guarantor will lease (y) as tenant, all or any portion of Real Estate other than pursuant to Ground Leases, or (z) as landlord, lease any Real Estate other than pursuant to a Lease with an OpCo Affiliate. Neither any Borrower nor any Guarantor will, or permit any Operator to, without the prior written consent of Administrative Agent, which consent shall not be unreasonably withheld, delayed or conditioned, (a) amend, supplement or otherwise modify any now existing or future Lease (other than amendments required under such Lease solely in the form of acknowledgments entered into by the parties thereto to confirm changes made in accordance with the provisions thereof that were approved by Administrative Agent) at any Collateral Property or any Villa Unit complex or any now existing or future IGT Document, or, except for subleases permitted under clause (b) below, enter into any Lease that (i) was not in a form approved by Administrative Agent, which approval shall not be unreasonably withheld, delayed or conditioned, or (ii) does not require quarterly and annual financial statements and underlying EBITDA and cash flow results (specifically or by reference to the requirements of financing documents), (b) allow or suffer to exist any sublicense or sublease of any Collateral Property or Villa Unit complex except for (i) subleases in connection with an IGT Transaction, so long as (A) the sublease is an IGT Document, (B) the applicable OpCo Affiliate will receive a Lien from the applicable IGT Hospital pursuant to the IGT Documents, and such Lien will secure all of the obligations of such IGT Hospital under such documents and (C) a Uniform Commercial Code financing statement describing the assets subject to such Lien and naming such IGT Hospital as debtor and such OpCo Affiliate as a secured party is filed and such Lien will be subject to the grant by such OpCo Affiliate to the applicable Borrower of a security interest in such OpCo Affiliate’s personal property relating to the applicable Collateral Property or Villa Unit complex, and (ii) immaterial subleases and sublicenses for providers of resident services such as haircare and occupancy agreements with residents, (c) grant any concessions to or waive the performance of any obligations of any tenant, lessee or licensee under any now existing or future Lease at any Collateral Property or Villa Unit complex or any IGT Hospital under any IGT Document or any other approved sublease, (d...
Leases of Property. Enter into or be or become obligated under or with respect to any lease of equipment, trade fixtures or personal property or any lease of real property, except: (i) existing leases of equipment, trade fixtures and personal property identified on Schedule 8.2(d)-1 attached to this Agreement and any replacements thereof, or replacements by lease of owned equipment in existing retail stores, and (ii) existing leases of real property identified on Schedule 8.2(d)-2 attached to this Agreement.
Leases of Property. Following the Agreement Date, Seller will not enter into, modify, extend or renew, or terminate (other than upon expiration of the term of a Seller Lease) any Seller Lease without the prior written consent of Buyer, which consent Buyer shall not unreasonably withhold and which shall be deemed to have been given if Buyer does not reject a proposal within five (5) days of the date Seller gives Buyer written notice of the proposal accompanied by reasonable detail as to the proposal. Seller will not enter into any amendment or extension of the Jamul Lease prior to Closing without the prior written consent of Buyer.
Leases of Property. 1. Pre-Closing Lease, dated April 21, 2023, by and between American Battery Technology Company and Linico Corporation, in connection with the property located at 2500 Peru Dr., McCarran, Nevada.
2. Facilities and Equipment Use Agreement, dated March 10, 2023, by and between American Battery Technology Company and the Board of Regents of the Nevada System of Higher Education on behalf of the University of Nevada, Reno, Nevada Center for Applied Research (“NCAR”), in connection with Rooms 315 and 310 as part of the Entrepreneurial Laboratory System in the Applied Research Facility.
3. Facilities and Equipment Use Agreement, dated March 10, 2023, by and between American Battery Technology Company and NCAR, in connection with Rooms 309, 312, and 314 as part of the Entrepreneurial Laboratory System in the Applied Research Facility, and Rooms 103 and 329 as part of the Biosciences Entrepreneurial Laboratory in the Applied Research Facility.
4. Facilities and Equipment Use Agreement, dated March 10, 2023, by and between American Battery Technology Company and NCAR in connection with Room 317 as part of the Entrepreneurial Laboratory System in the Applied Research Facility.
5. Commercial Lease and Deposit Receipt, dated November 3, 2021, by and between American Battery Technology Company and Cypress Investments Oregon, LLC, in connection with the property located at 100 Washington Street, Suite 100, Reno, Nevada.
6. Commercial Lease Agreement, dated January 1, 2023, by and between American Battery Technology Company and Barbara Anne Craig, in connection with the property located at 1552 Ketten Road, Tonopah, Nevada.
