Operating Facilities. 1. Xxxxxxxx has the right to transfer all property owned by Landlord and given to Tenant for Tenant's use that qualifies or could qualify as operating equipment or otherwise as chattel for tax purposes to a special purpose entity and to give such property to Tenant in Landlord's own name (in trust) or in the name of the special purpose entity (directly through the special purpose entity). The landlord may exercise this right at any time without restriction, once or several times.
2. The Tenant must support the Landlord to the best of his abilities in carrying out the transfer and, in particular, make all explanations, including to third parties, which may be required for this purpose. The Landlord makes it clear that the rent for these operating facilities agreed upon after the transfer in the aforementioned sense is owed by the Tenant in each case including value added tax at the legal rate.
Operating Facilities. The term “Operating Facilities” shall include, but not be limited to, any signs (electrical or otherwise) used to identify the Contractor's business; all machinery, carwash and maintenance equipment, and fuel tanks used in connection with the fueling and servicing of automotive vehicles on or about the Site, whether or not such machinery or equipment is bolted or otherwise attached to the Site; any portable lift, hoist, compressor or other mechanical device used to service said automotive vehicles; and all other miscellaneous equipment that may be removed from the Site without causing material injury to the Site.
Operating Facilities. Schedule 3.13 contains a true and complete list of all owned or leased restaurant, office and other operating facilities of the Borrower and each Subsidiary and, as to each such facility, describes (a) the address of the facility, (b) the type of facility, (c) whether it is owned or leased by the Borrower or such Subsidiary, and (d) the identity of such owner or lessee.
Operating Facilities. Title to the Operating Facilities shall vest in the Contractor during the Contract Term, and, at the expiration or termination of this Contract, shall remain with the Contractor.
Operating Facilities. The parties agree that all Operating Facility Indebtedness under all Operating Facilities shall be guaranteed under the Loan Party Guarantee and secured by the Security and shall, as to the Security, rank pari passu with the Obligations, the Swap Indebtedness and the Cash Management Facility Indebtedness.
Operating Facilities. Operating Facilities" includes the Contractor's trade fixtures and Contractor owned equipment that the Contractor may remove from the Premises without material injury to the Premises.
Operating Facilities. The business at each Leased Premises is set out on Section 3.9 of the Disclosure Schedules. Each Lease is valid and binding on Seller in accordance with its terms and is in full force and effect. Neither Seller nor, to Seller’s knowledge, any other party thereto is in breach of or default under (or is alleged to be in breach of or default under) in any material respect, or has provided or received any notice of any intention to terminate, any Lease. No event or circumstance has occurred that would constitute an event of default under any Lease or result in a termination thereof. Complete and correct copies of each Lease (including all modifications, amendments, and supplements thereto and waivers thereunder) have been made available to Buyer. There are no material disputes pending or threatened under any Lease.
Operating Facilities. (a) The Vendor and Covenantor shall obtain consents from the lenders under the Operating Facilities in respect of the sale and purchase contemplated hereunder as soon as practicable.
(b) The Vendor and Covenantor shall procure ST Mak, WS Mak, Raymond, Kincross Inc., King Glare Limited, Janocean Xxxxxxxxxx Limited, Excel Kind Limited, Group World Limited, Freder Sign Centre Limited, Ad-Prom Specialty Ltd. and any other Person controlled by any of them to maintain the security required by the lenders under the Operating Facilities for an aggregate minimum principal amount of Ten Million Hong Kong Dollars (HK$10,000,000) for a period of not less than six (6) months following the Closing.
(c) The Covenantor shall maintain sufficient security required by the lenders under the Operating Facilities for an aggregate minimum principal amount of Ten Million Hong Kong Dollars (HK$10,000,000) for a period of not less than seven (7) years following the Closing.
Operating Facilities. The term “Operating Facilities” shall include, but not be limited to, any signs used to identify Lessee’s business; all trade fixtures, furniture, appliances, machinery, vehicles, , and other equipment on or about the Premises, whether or not such machinery or equipment is bolted or otherwise attached to the Premises; any portable lift, hoist, compressor or other mechanical devices; and all other miscellaneous equipment that may be removed from the Premises without causing material injury to the Premises. Lessee shall have the right at any time during the Term to replace or remove any of its Operating Facilities; provided that any damage caused to the Premises by such removal or replacement shall promptly be repaired by Lessee at its cost and expense. During the Term and at the termination or earlier expiration of the Lease, title to the Operating Facilities shall remain with Lessee.
Operating Facilities. Schedule 8.22 contains a true and complete list of all owned or leased restaurant, office and other operating facilities of the Borrower and each Subsidiary (other than those acquired since the last date on which financial statements were required to be delivered pursuant to Sections 9.1(a) or (b)) and, as to each such facility, describes (a) the type of facility, (b) whether it is owned or leased by the Borrower or such Subsidiary, (c) the identity 57 64 of such owner or lessee, and (d) as to leased facilities, (i) the name and address of the lessor, (ii) the expiration date of the related lease, and (iii) the rental or other payments (whether fixed or percentage) payable thereunder. Since the Closing Date no leases have expired or been terminated or otherwise have ceased to be in full force and effect other than expirations and terminations in the ordinary course of business, and no default or defaults in the performance, observance or fulfillment of any of the terms or conditions thereof has occurred and is continuing beyond any applicable grace period, in any case which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.
