Common use of PROPERTIES; ABSENCE OF ENCUMBRANCES Clause in Contracts

PROPERTIES; ABSENCE OF ENCUMBRANCES. The Rocky Mountain I Disclosure Letter sets forth a complete list of all real property owned by or leased to Rocky Mountain I, and, with respect to all properties leased by Rocky Mountain I, a description of the term of such lease and the monthly rental thereunder. Rocky Mountain I is not in default (and will not be in default with the passage of time or the receipt of notice or both) and has not received notice of default, under any lease of real property. All real property leased to Rocky Mountain I is available for immediate use in the operation of its business and for the purpose for which such property currently is being utilized. Subject in the case of leased property to the terms and conditions of the respective leases, Rocky Mountain I has full legal and practical access to all such real property.

PROPERTIES; ABSENCE OF ENCUMBRANCES. The Rocky Mountain I II Disclosure Letter sets forth a complete list of all real property owned by or leased to Rocky Mountain III, and, with respect to all properties leased by Rocky Mountain III, a description of the term of such lease and the monthly rental thereunder. Rocky Mountain I II is not in default (and will not be in default with the passage of time or the receipt of notice or both) and has not received notice of default, under any lease of real property. All real property leased to Rocky Mountain I II is available for immediate use in the operation of its business and for the purpose for which such property currently is being utilized. Subject in the case of leased property to the terms and conditions of the respective leases, Rocky Mountain I II has full legal and practical access to all such real property.

PROPERTIES; ABSENCE OF ENCUMBRANCES. The Rocky Mountain I II Disclosure Letter sets forth a complete list of all real property owned by or leased to Rocky Mountain III , and, with respect to all properties leased by Rocky Mountain III, a description of the term of such lease and the monthly rental thereunder. Rocky Mountain I II is not in default (and will not be in default with the passage of time or the receipt of notice or both) and has not received notice of default, under any lease of real property. All real property leased to Rocky Mountain I II is available for immediate use in the operation of its business and for the purpose for which such property currently is being utilized. Subject in the case of leased property to the terms and conditions of the respective leases, Rocky Mountain I II has full legal and practical access to all such real property.