Property-Related Matters. The Property, as improved in ------------------------ accordance with the Plans and Specifications, will comply in all material respects with all Legal Requirements (including all applicable zoning and land use laws and Environmental Laws) and Insurance Requirements. The Plans and Specifications have been or will be prepared so as to comply with all applicable Legal Requirements (including all applicable Environmental Laws and building, planning, zoning and fire codes) and upon completion of the applicable Improvements in accordance with the Plans and Specifications, such Improvements on the Property will not encroach in any manner onto any adjoining land (except as permitted by express written easements or variance) and such Improvements and the use thereof by the Lessee and its agents, assignees, employees, invitees, lessees, licensees and tenants will comply in all material respects with all applicable Legal Requirements (including all applicable Environmental Laws and building, planning, zoning and fire codes). There is no action, suit or proceeding (including any proceeding in condemnation or eminent domain or under any applicable Environmental Law) pending or, to the best knowledge of Lessee threatened which adversely affects the title to, or materially affects the use, operation or value of, the Properties. No fire or other casualty with respect to the Properties has occurred which fire or other casualty has had a material adverse effect on the Lessee's ability to perform its obligations under the Agency Agreement and the other Operative Agreements. All utilities serving the Properties, or proposed to serve the Properties in accordance with the Plans and Specifications, are located in, and in the future will be located in, and vehicular access to the Improvements on each of the Properties is provided by, either public rights-of-way abutting the Property or Appurtenant Rights. All applicable material licenses, approvals, authorizations, consents, permits (including, without limitation, building, demolition and environmental permits, licenses, approvals, authorizations and consents), easements and rights-of-way, including proof of dedication, required for (i) the use, treatment, storage, transport, disposal or disposition of any Hazardous Substance on, at, under or from the Properties during the construction of the Improvements thereon and the use and operation of the Improvements following such construction, (ii) the construction of the Improvements ...
Property-Related Matters. Each Construction Period Property will when improved in accordance with the Plans and Specifications, comply, and each Completed Property complies in all material respects, with all Legal Requirements (including all applicable zoning and land use laws and PARTICIPATION AGREEMENT
Property-Related Matters. The Property, as improved in accordance with the Plans and Specifications, will comply in all material respects with all Legal Requirements (including all applicable zoning and land use laws and Environmental Laws) and Insurance Requirements. The Plans and Specifications have been or will be prepared so as to comply with all applicable Legal Requirements (including all applicable Environmental Laws and building, planning, zoning and fire codes) and upon completion of the applicable Improvements in accordance with the Plans and Specifications, such Improvements on the Property will not encroach in any manner onto any adjoining land (except as permitted by
Property-Related Matters. Upon consummation of the Acquisition, the Property Owner will hold good and marketable title to the Property described in the General Disclosure Package and the Prospectus to be owned by it and the improvements (exclusive of improvements owned by tenants, if applicable) located thereon, and the Property will be free and clear of all mortgages, deeds of trust, pledges, liens, security interests, claims, restrictions or encumbrances of any kind except such as (a) are described in the General Disclosure Package and the Prospectus or (b) do not, singly or in the aggregate, materially affect the value of the Property and do not materially interfere with the use made and proposed to be made of the Property by the A-1 Series or any of the Subsidiaries; and no third party, including any tenant at the Property, has any option or right of first refusal to purchase the Property or any portion thereof or interest therein, except as disclosed in the Registration Statement, the General Disclosure Package and the Prospectus or as would not, individually or in the aggregate, result in a Material Adverse Effect. Except as disclosed in the Registration Statement, the General Disclosure Package and the Prospectus, neither the Company nor the A-1 Series knows of any violation of any municipal, state, federal or homeowners’ association law, rule or regulation concerning the Property, except as would not, individually or in the aggregate, result in a Material Adverse Effect; except as disclosed in the Registration Statement, the General Disclosure Package and the Prospectus, the Property complies with all applicable zoning laws, ordinances, regulations and deed restrictions or other covenants, except where the failure to comply would not, individually or in the aggregate, result in a Material Adverse Effect; none of the Company, the A-1 Series or any of the Subsidiaries has received from any governmental authority any written notice of any condemnation of or zoning change affecting the Property, and none of the Company, the A-1 Series or any of the Subsidiaries has received written notice of any such threatened condemnation or zoning change, that, in either case, if consummated, would, individually or in the aggregate, have a Material Adverse Effect. Except as disclosed in the Registration Statement, the General Disclosure Package and the Prospectus, no mortgages encumbering the Property is or will be: (i) convertible (in the absence of foreclosure) into an equity interest in t...
Property-Related Matters. The Property complies with all material Legal Requirements (including all applicable zoning and land use laws and Environmental Laws) and Insurance Requirements. The Improvements on the Property do not encroach in any manner onto any adjoining land (except as permitted by express written easements or variance) and such Improvements and the use thereof by the Lessee and its agents, assignees, employees, invitees, lessees, licensees and tenants do and will comply with all applicable Legal Requirements (including all applicable Environmental Laws and building, planning, zoning and fire codes) in
Property-Related Matters. (a) There is no real property which is owned by Sellers and used or held for use in connection with the Business. Schedule 1.2(a)(i) contains a true, correct and complete list of all real property and interests in real property leased, licensed, occupied, or used by Sellers in connection with the Business, together with its legal description, the address by which it is commonly known and the use for which it is being employed as of the Closing Date. Sellers have a good, valid and existing leasehold estate, as tenant or such other status (as described in Schedule 1.2(a)(i)) in each Leased Real Property, in each case free and clear of all Liens affecting title to or the use and occupancy of such Leased Real Property, except for Permitted Liens. Sellers have provided Purchaser with true, correct and complete copies of each of the leases, subleases, licenses and other Contracts with respect to all Leased Real Property
Property-Related Matters. Lender acknowledges that it has inspected the physical condition of the Property, and is accepting it in its "as is" condition.
Property-Related Matters. There shall be no defects to the Improvements constructed to date including, without limitation, the plumbing, heating, air conditioning and electrical systems thereof and all water, sewer, electric, gas, telephone and drainage facilities and all other utilities required to adequately service such Improvements for its intended use are available pursuant to adequate permits (including any that may be required under applicable Environmental Laws). There is no action, suit or proceeding (including any proceeding in condemnation or eminent domain or under any Environmental Law) pending or threatened which adversely affects the title to, or the use, operation or value of, the Properties. No fire or other casualty with respect to the Properties shall have occurred which fire or other casualty has had a material adverse effect on the Lessees' ability to perform their obligations under the Operative Agreements.
Property-Related Matters. Upon Completion of the Improvements in accordance with the Construction Contracts, the Improvements on the Land will not encroach in any material manner onto any adjoining land (except as permitted by express written easements or variance) or violate any material covenant, restriction, right of way, license, agreement or easement affecting the Property, whether recorded or unrecorded. The Land has legal access to a public road. There is no action, suit or proceeding (including any proceeding in condemnation or eminent domain or under applicable Environmental Law other than as set forth in Schedule III attached hereto) pending or, to Agent's knowledge, threatened which materially and adversely affects the title to, or the use, operation or value of, the Facility. No Casualty or Condemnation with respect to the Property has occurred which would constitute an Event of Loss.
Property-Related Matters. (a) The Acquired Assets are free and clear of all Encumbrances created by or arising through Seller other than (i) Encumbrances that are to be released at or prior to the Closing and (ii) Permitted Encumbrances (except for those described in clause (c) of the definition thereof);
