Property Lease. Except with respect to that certain leasehold for the premises located at 0000 X. Xxxxxx Xxxx. #0, Xxxxxxxxxx, Xxxxxxxxxx 00000 (the 4 "Lease") by and between the Company, as tenant, and JB Management LP, as landlord, the Company is not party to any leasehold obligation and does not own any real or intellectual property.
Property Lease. As defined in Section 2.2.
Property Lease. 11 2.3 Independent Consideration.............................. 11
Property Lease. With the premise that the Lessee fulfills its obligations under the Contract, the Lessor agrees that the Property will be possessed and used by the Lessee in accordance with the provisions of the Contract, and the Lessee agrees to possess and use the Property from the Lessor within the lease period specified in the Contract and pay Rental and property management fees.
Property Lease. For each Property, a Property Lease, executed and acknowledged by Buyer.
Property Lease. (a) On or prior to the Closing Date, Parent agrees to cause the sale of equipment to Textron Financial Corporation or one of its Affiliates for the purposes of the transactions described in the terms sheets attached hereto as Exhibit 12, and immediately thereafter cause the Subsidiary which sold the assets to enter into a lease with Textron Financial Corporation or one of its Affiliates on terms consistent with Exhibit 12. To the extent that the leverage ratio (as determined under the definitive financing documentation for the debt financing of the Transactions, assuming EBITDA of $377.1 million) exceeds 3.82:1.00 on or shortly prior to the Closing Date, the parties will use their commercially reasonable best efforts to cause additional property and/or equipment of Parent or its Subsidiaries to be made subject to the described leasing transactions for the purpose of reducing the requisite debt financing so as to comply with such ratio as a condition precedent set forth in the Debt Commitment Letters. It is agreed that in no event shall the fair market value of the property or the equipment subject to the leasing transactions be less than eighty six million nine hundred thousand dollars ($86,900,000). The documents required to be executed to consummate the transactions referred to in the attached term sheets on the terms described therein are referred to as the "Leasing Documents."
(b) C&A Products will use commercially reasonable efforts to locate a third party to purchase the property subject to the Leasing Documents from Textron Financial Corporation, or, if unsuccessful, obtain funding to enable C&A Products to purchase said property on or prior to the second anniversary of the Closing Date. Such sale may (but need not be) effected subject to the Leasing Documents or new leasing documentation may be entered into by C&A Products and its Subsidiaries with the new owner. Nothing herein shall be construed as requiring that C&A Products is obligated to purchase any such property.
Property Lease. Lessor hereby leases to Lessee said Property for the purpose of manufacturing. If the lessee is willing to change the function of the property, it should get the agreement in writing from the Lessor and pay all the government taxes, fees, assessments related to the function transfer. The Lessee should safely keep and carefully use the Property.
Property Lease. Notwithstanding anything herein to the contrary, it is understood and agreed that Transferee, as lessor, and APGM LLC, as lessee, shall be entering into one or more leases for the Property and the Paloma Properties (collectively, the "Property Lease") commencing upon the Closing Date, in form and substance designated by Transferee (which shall be in substantially the same form as heretofore agreed upon for the Crofton, Maryland golf course property). In the event APGM LLC desires an entity other than APGM LLC or a wholly owned affiliate of APGM LLC to be the "Lessee" under the Property Lease, APGM LLC shall deliver notice to Transferee, within thirty (30) days following the Contract Date, identifying the entity which they proposes to be the lessee under the Property Lease, and APGM LLC shall thereafter deliver to Transferee such other information concerning such proposed lessee as Transferee may request. Transferee shall have the right to approve any entity designated by APGM LLC (other than a wholly owned affiliate of APGM LLC) to be the lessee under the Property Lease, which approval shall not be unreasonably withheld. Upon such approval (or, in case of any wholly owned affiliate of APGM LLC, where no approval of Transferee shall be required), the entity so designated shall be the "Lessee" under the Property Lease being entered into at Closing, and, at Closing, Transferors and Transferee shall convey all of their respective right, title and interest in and to the Lessee Property to said Lessee by assignment or other conveyance documents acceptable to Lessee and Transferee. If Transferee does not so approve the proposed entity as lessee under the Lease, then APGM LLC or a wholly owned affiliate of APGM LLC (as designated by APGM LLC) shall be the "Lessee" thereunder.
Property Lease. The Buyer shall have either assumed the real estate leases for the property listed on Exhibit H or shall have entered into new leases with the landlords for the property.
