of Property. The Company and each of its Subsidiaries has good record and marketable title in fee simple to, or valid leasehold interests in, all real property necessary or used in the ordinary conduct of its business, except for such defects in title as could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
of Property. I shall begin by focusing on the claims that Xxxxx makes about property in the fifth chapter of the Second Treatise, ‘Of Property’, and the implications of these claims. Xxxxx makes relevant claims elsewhere in the Second Treatise, and in other works, too, and these have sometimes been considered necessary to a full understanding of Xxxxx’x views on property. I shall address these further claims below, where relevant, but first I shall address the ‘Of Property’ claims, on the grounds they represent an apposite summary of what is standardly considered to be Lockean property theory, and represent a substantial late statement of his views on the matter. I shall divide these claims into two broad categories:
1. Basic propositions — relating to Xxxxx’x understanding of how the domain of property has developed historically, and how he thinks it should be organised
2. Underlying justifications — relating to Xxxxx’x views about why a property regime is, or should be, organised in a certain manner Some of these claims therefore are descriptive, reporting property matters as Xxxxx perceives them actually to be, owing to what he takes to be the (then) current state of affairs, the relevant facts of history, and any moral and religious beliefs on which his understanding of these matters depends. Others, however, are normative, relating to Xxxxx’x principled views about how property matters ought to be.
1. God gave the Earth and its resources to humankind in common; these things are held in common (i.e., ‘common-ownership’)1
2. Human beings own their person (i.e., ‘self ownership’), and their labour2
3. When things are commonly-owned, individuals are not able to act on their status as owners of these things in terms of exercising individual powers of ownership3
4. Without individual acquisition, the human need for sustenance will not be met, 4 and economic progress and consequent human flourishing will likely not occur5
5. A method is required to enable human beings to acquire individually the commonly-owned things they need and want6 1 Xxxxx, Second Treatise, 21-22 (§34). 2 Xxxxx, 19 (§27). 3 Xxxxx, 18-19 (§26). 4 Xxxxx, 18-19 (§26). 5 e.g., Xxxxx, 25-28 (§40-45). 6 Xxxxx, 18-19, and 21-22 (§26 and §34).
6. The method of individual acquisition consists in relevant kinds of involvement — typically involving labour — with the particular external thing an individual seeks to acquire7
7. If someone ‘mixes’ their labour with some thing, they can individually acquire it (i....
of Property. Borrower will not sell, transfer, pledge or otherwise dispose of any of its interest in the Real Property or any of its other assets except in the ordinary course of its business.
of Property. Donative Transfers § 12.1 cmt. g (Tentative Draft No. 1, 1995). [¶35] The trial court must determine if there is clear and convincing evidence the Clairmonts, misapprehended the meaning of “brothers and sisters,” believed it meant full-blooded siblings and intended only their lineal descendants would benefit from the trusts. These are all factual findings for the trial court to make. [¶36] The trial court in its memorandum opinion made the following findings of fact after its discussion of the law of interpretation and reformation of trusts and the testimony at trial:
of Property. The following is added to the end of clause (vii) of paragraph 6C(5) of the Agreement: “Notwithstanding the foregoing, no sale, lease, transfer or other disposition of Property during the fiscal year ended December 31, 2008 and after the Amendment No. 3 Effective Date shall be permitted under this clause (vii) other than sales, leases, transfers and dispositions of Property for consideration not exceeding $20,000,000 in the aggregate, in each case only if consummated in accordance with the waivers given under the Waiver and Letter Amendment No. 3 to this Agreement.”
of Property. Xxxxx & Other Donative Transfers § 12.1, cmt
of Property. The Company will not sell, lease, transfer or otherwise dispose of, or permit any Subsidiary to sell, lease, transfer or otherwise dispose of, any of its Property, except for the following:
of Property. Donative Transfers § 12.1, cmt. i, illustration 7; Br. for Appellant ¶¶ 49-51. [15] Xxxxxx relies on N.D.C.C. § 9-03-14 for his argument that the Clairmonts did not make a mistake of law at the time they created the trusts. N.D.C.C. § 9-03-14 does not provide a definition for a mistake of law. Instead, N.D.C.C. § 9-03-14 provides the two circumstances in which a party can use a mistake of law in order to nullify a contract under Article 9 of the North Dakota Century Code. As N.D.C.C. § 9-03-14 does not provide a definition of a mistake of law and only provides the two circumstances a party can claim a mistake of law under Article 9 of the North Dakota Century Code, it has no applicability to other provisions of the North Dakota Century Code. [16] N.D.C.C. § 9-03-14 is the legislatures attempt to limit the circumstances in which a party can attempt to nullify a contract based on an alleged mistake of law. The Clairmonts are not requesting the Court nullify the trusts. The Clairmonts are only requesting the Court reform the trusts in order to match the Clairmonts original intent that the term “brothers and sisters” only encompass their grandchildren and not the children of their ex-son-in-law from a subsequent marriage.
of Property. As of the Closing no part of the Property, or any interest of Seller therein, shall be encumbered by any lien, pledge, security interest, financing or due and unpaid charge, tax or other imposition (other than Permitted Exceptions and items which will be removed on or prior to the Closing Date), or materially damaged as described in Section 8.2 and not repaired to Buyer's satisfaction or taken in any material respect in condemnation or other like proceeding and no such proceeding shall be pending or threatened, except as otherwise provided in Section 8.2 hereof. There shall be no material default, or event that with the giving of notice or the passage of time or both would constitute a material default, under any Major Lease or any event that with the giving of notice or the passage of time or both would allow any party to any Major Lease to terminate such Lease, with or without notice. A "Major Lease" refers to any of the Leases demising 5,000 square feet or more of the Improvements.
of Property. Upon termination or expiration of this Agreement shall: Immediately deliver or cause to be delivered to the Company all property belonging to the Company, the confidential information and the Materials which are in the possession, charge, control or custody of the Cease to represent itself as providing Work and Services to the Company and cease to use any documentation or advertising identifying itself as a to the Company; Provide a status report to the Company of the current state of the Work and Services at the time of termination. The provisions of this Article shall survive expiration or termination of this Agreement.
