Real Estate Lease. (a) Except as could not reasonably be expected to have a Material Adverse Effect, each of the Borrower and its Subsidiaries has (i) good and marketable fee title to all of its owned Real Property Assets and (ii) good and valid title to the leasehold estates in all of the leased Real Property Assets, in each case free and clear of all Liens except Permitted Liens.
(b) Except as could not reasonably be expected to have a Material Adverse Effect, all permits, licenses, franchises or other certifications, accreditations, consents, approvals and authorizations, governmental or private, with respect to the Real Property Assets, necessary to enable the Borrower and its Subsidiaries to lawfully occupy and use such property for all of the purposes for which it is currently occupied and used have been lawfully issued and are in full force and effect. Except as could not reasonably be expected to have a Material Adverse Effect, all the Real Property Assets are in compliance in all material respects with all applicable legal requirements, including the Americans with Disabilities Act of 1990.
(c) Except as could not reasonably be expected to have a Material Adverse Effect, all easements, cross easements, licenses, air rights and rights-of way or other similar property interests, if any, necessary for the full utilization of the improvements for their intended purposes have been obtained and are in full force and effect.
Real Estate Lease. (a) Schedule 5.11 sets forth an accurate description, as of the Closing Date, of the location, by state and street address, of all Real Property Assets owned by the Borrower and the Subsidiaries under the heading "Fee Properties" and all Real Property Assets leased by the Borrower and the Subsidiaries under the heading "Leased Properties", together with, in the case of owned Real Property Assets, a statement as to whether each such Real Property Asset is the subject of a contract of sale (and, if so, a statement as to the status of such sale), and, in the case of the each Real Property Asset, the identity of the lessor and lessee, the term of the lease and the annual rental payments.
(b) The Borrower and each of the Subsidiaries has (i) good and marketable fee title to all of its owned Real Property Assets and (ii) good and valid title to the leasehold estates in all of the leased Real Property Assets, in each case free and clear of all Liens, except Permitted Liens.
(c) All material permits, licenses, franchises or other certifications, consents, approvals and authorizations, governmental or private with respect to the Real Property Assets, necessary to enable the Borrower and any of the Subsidiaries to lawfully occupy and use such property for all of the purposes for which it is currently occupied and used have been lawfully issued and are in full force and effect, other than such permits, licenses, franchises or other certifications, consents, approvals and authorizations, governmental or private, which, if not obtained, would not have a material adverse effect on the intended use or operation of any such Real Property Assets. All the Real Property Assets are in compliance in all material respects with all applicable legal requirements, including the Americans with Disabilities Act of 1990. Except as specifically disclosed in Schedule 5.11, no consent or approval of any landlord or other third party in connection with any leased Property Assets is necessary for any Loan Party to enter into and execute the Loan Documents.
(d) All material easements, cross easements, licenses, air rights and rights-of way or other similar property interests, if any, necessary for the full utilization of the Improvements for their intended purposes have been obtained and are in full force and effect.
Real Estate Lease. Buyer shall have assumed any and all obligations and liabilities of the Company, the Stockholder and/or GTC under that certain Indenture of Lease for real property located at 00 Xxxxx Xxxxxx, Xxxxxxxxx, Xxxxxxxxxxxxx, dated as of March 17, 1986, as amended on September 30, 1993, with the Trustees of 00 Xxxxx Xxxxxx as Lessor, upon such terms and conditions, including security requirements, as may be reasonably required by the Lessor.
Real Estate Lease. At the Closing, Seller will cause NewPage-WI to lease to Buyer, and Buyer will lease from NewPage-WI, the real property and improvements located at Wisconsin Rapids, Wisconsin consisting of the office building and adjacent parking area, together with access to and from a public street (“Leased Office Facility”), to be more fully described in the form of real estate lease to be negotiated in good faith and prepared by the parties consistent with the terms of this Section 5.23 and delivered at the Closing (“Office Lease”). The initial term of the Office Lease will be no less than ten (10) years, subject to extension or renewal by mutual consent of NewPage-WI and Buyer. Base rental during the Office Lease term will be $1,000.00 per year. Buyer will lease the Office Facility “as is” and in its current condition, subject to the existing deed restrictions applicable to the Leased Office Facility and without any warranty or representation whatsoever by NewPage-WI. Buyer will pay to NewPage-WI as additional rental, or pay directly to the provider, all real estate taxes, property perils insurance, and utilities serving the Leased Office Facility. Buyer will at its sole expense maintain the Leased Office Facility throughout the Office Lease term and return the Leased Office Facility to NewPage-WI at the end of the Office Lease term in compliance with applicable Laws and in substantially the same condition as at the commencement of the Office Lease term, except only normal wear and tear, including all necessary repairs and replacements (whether structural or non-structural), and NewPage-WI will have no obligation to make any repairs or replacements to the Leased Office Facility. The Office Lease will include a reasonable right for NewPage-WI to relocate Buyer to alternate office space that is reasonably comparable to the Leased Office Facility. Buyer shall have the right to record a memorandum of this Lease.
Real Estate Lease. Xxxxx Properties shall have entered into an agreement with Buyer to lease 0000 Xxxxx Xxxxxx Xxxxxx and 0000 Xxxxx Xxxxxx Xxxxxx, both of Jacksonville, Texas to Buyer under the terms and provisions of the lease agreement attached in Exhibit 6.1.11 hereto.
Real Estate Lease. It is specifically understood and agreed by the parties hereto that concurrent with the signing of this Agreement, Nostrand Associates and Buyer shall enter into a real estate lease ("Lease") pursuant to which Nostrand Associates shall lease to Buyer, and Buyer shall lease from Nostrand Associates, the Principal Office simultaneously with the Closing of this Agreement.
Real Estate Lease. The real property leasehold interests listed in Schedule 1.01(a)(v) (the "Real Estate Lease");
Real Estate Lease. The Ground Lease Agreement dated December 1, 2006, between Seller and Xxxxxxxx Family Venture, LLC (as amended, the “Ground Lease”) and the Building Lease of even date therewith between Seller and Xxxxxxxx BankFirst Corporation (as amended, the “Building Lease” and, collectively with the Ground Lease, the “Leases”) (a) are legal, binding, enforceable and in full force and effect; (b) neither Seller nor either of the landlord is in default or breach thereunder; (c) no security deposit or portion thereof deposited with respect to such Lease has been applied in respect of a breach or default under such Lease that has not been redeposited in full; and (d) Seller does not owe any brokerage or commission fees with respect to such Lease. There are no claims, governmental investigations, litigation or proceedings which are pending against Seller or, to the knowledge of Seller, threatened against Seller or pending or threatened against either of the landlords, which could reasonably be expected to affect the continued use of the Leased real property in substantially the same manner as presently used by Seller.
Real Estate Lease. Effective as of the Closing Date, Xxxx X. ----------------- Xxxxx, M.D., Ph.D. and the Surviving Company shall enter into an Assignment, Assumption and Amendment of Lease and Consent of Lessor for the real property and improvements currently occupied by MRL in Highland Heights, Kentucky in substantially the form of Exhibit 6.14. ------------
Real Estate Lease. Purchaser shall have executed and delivered the Real Estate Lease.
