Common use of Plant and Equipment Clause in Contracts

Plant and Equipment. Except as set forth in Schedule 3.25 and except for ordinary wear and tear, the plants, structures and equipment of the Company are in good operating condition and repair in all material respects, comply in all material respects with Pamphlet 58 and applicable state law, and are adequate for the uses to which they are being put, except where non-compliance would not have a material adverse effect on the Company and its Subsidiaries. The Company has received no notification that it is in violation of any applicable building, zoning or other law, ordinance or regulation in respect of its plants and or structures or their operations and, to the Company's Knowledge, no such violation exists. Except as set forth in Schedule 3.25, the Company has received no recommendation from any insurance carrier or any consultant hired by the Company proposing changes in its methods of operation or relating to changes with respect to any of the Company's properties, including the Real Estate or the properties leased under the Real Estate Leases (excluding information received from any insurance carrier mailed to its customers or the public generally).

Appears in 2 contracts

Samples: Merger Agreement (Heritage Propane Partners L P), Merger Agreement (Heritage Propane Partners L P)

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Plant and Equipment. Except as set forth in Schedule 3.25 and except for ordinary wear and tear, the plants, structures and equipment of the Company are in good operating condition and repair in all material respects, comply in all material respects with Pamphlet 58 and applicable state law, and are adequate for the uses to which they are being put, except where non-compliance would not have a material adverse effect on the Company and its Subsidiaries. The Company has received no notification that it is in violation of any applicable building, zoning or other law, ordinance or regulation in respect of its plants and or structures or their operations and, to the Company's Knowledge, no such violation exists. Except as set forth in Schedule 3.25, the Company has received no recommendation from any insurance carrier or any consultant hired by the Company proposing changes in its -20- 27 methods of operation or relating to changes with respect to any of the Company's properties, including the Real Estate Estate, or the properties real property leased under the Real Estate Leases Leases, that are included in the Assets (excluding information received from any insurance carrier mailed to its customers or the public generally).

Appears in 1 contract

Samples: Asset Purchase Agreement (Heritage Propane Partners L P)

Plant and Equipment. Except as set forth in Schedule 3.25 and except for ordinary wear and tear, the plants, structures and equipment of the Company are in good operating condition and repair in all material respects, comply in all material respects with Pamphlet 58 and applicable state law, and are adequate for the uses to which they are being put, except where non-compliance would not have a material adverse effect on the Company and its Subsidiaries. The Company has -20- 26 received no notification that it is in violation of any applicable building, zoning or other law, ordinance or regulation in respect of its plants and or structures or their operations and, to the Company's Sellers' Knowledge, no such violation exists. Except as set forth in Schedule 3.25, the Company has received no recommendation from any insurance carrier or any consultant hired by the Company proposing changes in its methods of operation or relating to changes with respect to any of the Company's properties, including the Real Estate or the properties leased under the Real Estate Leases (excluding information received from any insurance carrier mailed to its customers or the public generally).

Appears in 1 contract

Samples: Stock Purchase Agreement (Heritage Propane Partners L P)

Plant and Equipment. Except as set forth in Schedule 3.25 and except for ordinary wear and tear, the plants, structures and equipment of the Company are in good operating condition and repair in all material respects, comply in all material respects with Pamphlet 58 and applicable state law, and are adequate for the uses to which they are being put, except where non-compliance would not have a material adverse effect on the Company and its Subsidiaries. The Company has received no notification that it is in violation of any applicable building, zoning or other law, ordinance or regulation in respect of its plants and or structures or their operations and, to the Company's Sellers' Knowledge, no such violation exists. Except as set forth in Schedule 3.25, the Company has received no recommendation from any insurance carrier or any consultant hired by the Company proposing changes in its methods of operation or relating to changes with respect to any of the Company's properties, including the Real Estate or the properties leased under the Real Estate Leases (excluding information received from any insurance carrier mailed to its customers or the public generally).

Appears in 1 contract

Samples: Stock Purchase Agreement (Heritage Propane Partners L P)

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Plant and Equipment. Except as set forth in Schedule 3.25 and except for ordinary wear and tear, the plants, structures and equipment of the Company are in good operating condition and repair in all material respects, comply in all material respects with Pamphlet 58 and applicable state law, and are adequate for the uses to which they are being put, except where non-compliance would not have a material adverse effect on the Company and its Subsidiaries. The Company has received no notification that it is in violation of any applicable building, zoning or other law, ordinance or regulation in respect of its plants and or structures or their operations and, to the Company's Knowledge, no such violation exists. Except as set forth in Schedule 3.25, the Company has received no recommendation from any insurance carrier or any consultant hired by the Company proposing changes in its methods of operation or relating to changes with respect to any of the Company's properties, including the Real Estate Estate, or the properties real property leased under the Real Estate Leases Leases, that are included in the Assets (excluding information received from any insurance carrier mailed to its customers or the public generally).

Appears in 1 contract

Samples: Asset Purchase Agreement (Heritage Propane Partners L P)

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