Leases; Subleases licenses or sublicenses (including the provision of software under an open source license), in each case in the ordinary course of business and which do not materially interfere with the business of the Borrower and its Subsidiaries, taken as a whole.
Leases; Subleases. Except for this Lease, there are no leases or subleases affecting all or any portion of the Leased Property in existence on the date hereof, and no person has any possessory interest in, or right to occupy, the Leased Property except Lessee pursuant to this Lease.
Leases; Subleases. For purposes of this Agreement, "Lease" means any written or oral lease, sublease or rental agreement (and any related contract and agreement) included as part of the Purchased Assets, and all amendments, modifications and supplements thereof and waivers and consents thereunder pursuant to which Seller leases, subleases or rents any real or personal property included in the Purchased Assets, either as lessor, lessee, landlord or tenant. Schedule 1.1(a)(ii) lists all Leases included in the Purchased Assets, except those which (i) can be canceled by Seller upon 30 or fewer days' notice without penalty or the acceleration of rentals, (ii) do not grant an option to purchase the leased property, and (iii) involve an annual rental of $15,000 or less. Schedule 1.1(a)(ii) describes all oral Leases required to be disclosed in Schedule 1.1(a)(ii), and true and complete copies of all written Leases required to be disclosed have been heretofore delivered to Buyer. With respect to each of the Leases: (A) neither Seller nor, to the best of Seller's and Shareholders' Knowledge, any other party is in default in connection with such Lease; (B) no act or event has occurred which, with notice or lapse of time or both, would constitute a default under such Lease with respect to Seller or, to the best of Seller's and Shareholders' Knowledge, any other party; (C) there is no basis for any claim of default under such Lease with respect to Seller or, to the best of Seller's and Shareholders' Knowledge, any other party; (D) Seller has not given or received any notice of cancellation or termination in connection with such Lease; (E) such Lease is the valid and binding agreement of Seller, and, to the best of Seller's and Shareholders' Knowledge, the other party thereto which is in full force and effect and is enforceable in accordance with its terms, except, with respect to such other party, to the extent that such enforceability may be limited by, or subject to: (i) the effect of any applicable bankruptcy, insolvency, reorganization, fraudulent conveyance, moratorium or other similar laws affecting the enforcement of creditors' rights generally; (ii) the availability of the remedies of specific performance or injunctive relief, which may be subject to the discretion of the court before which any proceeding for such remedies may be brought; and (iii) the exercise by any court of equitable judicial discretion before which any proceeding may be brought; (F) except as disclosed on Sch...
Leases; Subleases. The term of each Aircraft Lease/Sublease will be coterminous with the term of the corresponding Carrier Work Order.
Leases; Subleases. Commission shall be computed in accordance with the above rates based upon the gross rental set forth in the lease or sublease including any percentage or additional rental based upon the gross receipts of, or sales by the tenant, but excluding any additional rental payable pursuant to tax and operating expense escalation provisions.
Leases; Subleases. For purposes of this Agreement, "Lease" ----------------- means any written or oral lease, sublease or rental agreement (and any related contract, agreement, commitment, arrangement, undertaking or understanding) and all amendments, modifications and supplements thereof and waivers and consents thereunder pursuant to which the Company or Surgi-Pack leases, subleases or rents any real or personal property, either as lessor, lessee, landlord or tenant. Schedule 2.4(b) lists all Leases. No --------------- Shareholders have executed as individuals, as opposed to on behalf of the Company or Surgi-Pack, any Leases or are otherwise party to any lease, sublease or rental agreement that is used by or for the benefit of the Company or Surgi-Pack. Schedule 2.4(b) describes all oral Leases required to --------------- be disclosed in Schedule 2.4(b), and true and complete copies of all written --------------- Leases required to be disclosed shall be made available prior to the Closing to Buyer. With respect to each of the Leases: (i) each of the Company and Surgi-Pack is not and, to the best knowledge of the Shareholders, Royal Hospitality, the Company and Surgi-Pack, no other party to such Lease is in material default in connection with each Lease; (ii) to the best knowledge of each of the Shareholders, Royal Hospitality, the Company and Surgi-Pack, no act or event has occurred which, with notice or lapse of time or both, would constitute a material default under such Lease with respect to the Company or Surgi-Pack or any other party; (iii) none of the Shareholders, the Company or Surgi-Pack have been given or received any notice of cancellation or termination in connection with such Lease; (iv) such Lease is the valid and binding agreement of the applicable party (Company or Surgi-Pack), is in full force and effect and is enforceable in accordance with its terms, except as enforceability may be limited by (A) the effect of any applicable bankruptcy, insolvency, reorganization, moratorium, rehabilitation or similar laws relating to the enforcement of creditors' rights generally, (B) the availability of the remedies of specific performance or injunctive relief which may be subject to the discretion of the court before which any proceeding for such remedies may be brought, and (C) the exercise by any court of its discretion in invoking general principles of equity; and (v) except as disclosed in Schedule 2.1(g), such --------------- Lease will not require consents of an...
Leases; Subleases. Section 3.16 of the Disclosure Schedule contains a complete list of each lease and sublease pursuant to which the Company or Atari, as the case may be, leases, as lessor or lessee, any real property interest used wholly or primarily in connection with the Company’s Business and each lease pursuant to which the Company or Atari, as the case may be, leases any type of property as to which the Purchasers’ inability to acquire the Company’s or Atari’s rights thereunder would have a Material Adverse Effect on the Purchasers’ ability to conduct the Company’s Business as it is being conducted on the Execution Date. Each such lease or sublease is valid and binding and is in full force and effect. The Company or Atari, as the case may be, is not in default under any such lease or sublease, and such Party has not received any notice from any Person asserting a default by the Company or Atari under any such lease or sublease.
Leases; Subleases. For purposes of this Agreement: (i) "Lease" means any written or oral lease, sublease, rental contract or similar contract and all amendments, modifications, supplements, waivers and covenants to or under them pursuant to which Seller leases or rents either as lessee or tenant, any property; and (ii) "Leased Assets" means the property that Seller leases, subleases or rents pursuant to a Lease, included in the Assumed Agreements. Schedule 3.10.2: (i) lists all written Leases, and (ii) describes all oral leases. Except as set forth on Schedule 3.10.2, Seller is in possession of each Leased Asset, and each Lease grants to Seller the right to possess the Leased Asset without disruption.
Leases; Subleases. The Public Company has no leases or subleases, except as listed in Schedule D.
Leases; Subleases. For purposes of this Agreement, “Lease” means any written or oral lease, sublease or rental agreement (and any related contract, agreement, commitment, arrangement, undertaking or understanding) and all amendments, modifications and supplements thereof and waivers and consents thereunder pursuant to which each Subsidiary leases, subleases or rents any real or personal property, either as lessor, lessee, landlord or tenant. Schedule 3.4(b) annexed hereto lists all Leases. Schedule 3.4(b) describes all oral Leases. True and complete copies of all written Leases have been made available to Buyer. With respect to each of the Leases set forth on Schedule 3.4(b): (i) the Subsidiary is not and, to the Knowledge of the Seller, no other party to such Lease is in material default in connection with such Lease; (ii) to the Knowledge of the Seller, no act or event has occurred which, with notice or lapse of time or both, would constitute a material default under such Lease with respect to the Subsidiary or any other party; (iii) the Subsidiary has not given or received any notice of cancellation or termination in connection with such Lease; and (iv) except as disclosed in Schedule 3.4(b) annexed hereto, such Lease will not require consents of the other parties thereto in connection with consummation of the transactions contemplated by this Agreement.
