Common use of Real Estate Leases Clause in Contracts

Real Estate Leases. Schedule 6.10 sets forth a correct and complete list of all Real Estate owned by each Obligated Party, all leases and subleases of real or personal property by each Obligated Party as lessee or sublessee (other than leases of personal property as to which it is lessee or sublessee for which the value of such personal property in the aggregate is less than $1,000,000), and all leases and subleases of real or personal property by each Obligated Party as lessor, or sublessor. To the best of each Obligated Party's knowledge, each of such leases and subleases is valid and enforceable in accordance with its terms and is in full force and effect, and no default by any party to any such lease or sublease exists. Each Obligated Party has good and indefeasible title in fee simple to the Real Estate identified on Schedule 6.10 as owned by such Obligated Party, or valid leasehold interests in all Real Estate designated therein as "leased" by such Obligated Party, in each case free and clear of any and all Liens except Permitted Liens. Each Obligated Party has good, indefeasible, and merchantable title to all of its other property reflected on the October 31, 2002 Financial Statements of the Parent and its Subsidiaries delivered to the Agent and the Lenders, except as disposed of in the ordinary course of business since the date thereof, free of all Liens except Permitted Liens.

Real Estate Leases. Schedule 6.10 sets forth a correct and complete list of all Real Estate owned by each Obligated Party, all leases and subleases of real or personal property by each Obligated Party as lessee or sublessee (other than leases of personal property as to which it is lessee or sublessee for which the value of such personal property in the aggregate is less than $1,000,000), and all leases and subleases of real or personal property by each Obligated Party as lessor, or sublessor. To the best of each Obligated Party's ’s knowledge, each of such leases and subleases is valid and enforceable in accordance with its terms and is in full force and effect, and no default by any party to any such lease or sublease exists. Each Obligated Party has good and indefeasible title in fee simple to the Real Estate identified on Schedule 6.10 as owned by such Obligated Party, or valid leasehold interests in all Real Estate designated therein as "“leased" ” by such Obligated Party, in each case free and clear of any and all Liens except Permitted Liens. Each Obligated Party has good, indefeasible, and merchantable title to all of its other property reflected on the October 31September 30, 2002 2004 Financial Statements of the Parent and its Subsidiaries delivered to the Agent and the Lenders, except as disposed of in the ordinary course of business since the date thereofthereof or as otherwise permitted by the Agent or approved by the Agent or the Required Lenders (as may be required herein), which property is free of all Liens except Permitted Liens.

Real Estate Leases. As of the Closing Date, Schedule 6.10 6.9 sets forth a correct and complete list of all Real Estate owned by each Obligated Party, all leases and subleases of real or personal property by each Obligated Party as lessee or sublessee (other than leases of personal property as to which it is lessee or sublessee for which the value of such personal property in the aggregate is less than $1,000,000), and all leases and subleases of real or personal property by each Obligated Party as lessor, or sublessor. To the best of each Obligated Party's knowledge, each Each of such leases and subleases is valid and enforceable in accordance with its terms and is in full force and effect, and no default by any party to any such lease or sublease exists. Each Obligated Party has good and indefeasible title in fee simple to the Real Estate identified on Schedule 6.10 6.9 as owned by such Obligated Party, or valid leasehold interests in all Real Estate designated therein as "leased" by such Obligated Party, in and each case free and clear of any and all Liens except Permitted Liens. Each Obligated Party has good, indefeasible, and merchantable title to all of its other property reflected on the October December 31, 2002 2001 Financial Statements of the Parent and its Subsidiaries delivered to the Agent and the Lenders, except as disposed of in the ordinary course of business since the date thereof, free of all Liens except Permitted Liens.

Real Estate Leases. As of the Closing Date, Schedule 6.10 7.10 sets forth a correct and complete list of all Real Estate owned by each Obligated Party, all leases and subleases of real or personal property by each Obligated Party as lessee or sublessee (other than leases of personal property as to which it such Obligated Party is lessee or sublessee for which the value of such personal property under any such lease in the aggregate is less than $1,000,00050,000), and all leases and subleases of real or personal property by each Obligated Party as lessor, or sublessor. To the best of each Obligated Party's knowledge, each Each of such leases and subleases is valid and enforceable in accordance with its terms and is in full force and effect, and no default by any party to any such lease or sublease exists. Each Obligated Party has good and indefeasible title in fee simple to the Real Estate identified on in Schedule 6.10 7.10 as owned “owned” by such Obligated Party, or valid leasehold interests in all Real Estate designated therein identified in Schedule 7.10 as "“leased" ” by such Obligated Party, in and each case free and clear of any and all Liens except Permitted Liens. Each Obligated Party has good, indefeasible, and merchantable title to all of its other property reflected on the October July 31, 2002 2005 Financial Statements of the Parent and its Subsidiaries delivered to the Administrative Agent and the Lenders, except as disposed of in the ordinary course of business since the date thereof, free of all Liens except Permitted Liens.

Real Estate Leases. As of the Closing Date, Schedule 6.10 5.1(i) ------------------- --------------- sets forth a correct and complete list of all Real Estate owned by each Obligated Loan Party, all leases and subleases of real or personal property by each Obligated Loan Party as lessee or sublessee (other than leases of personal property as to which it is lessee or sublessee for which the value of such personal property in the aggregate is less than $1,000,000150,000), and all leases and subleases of real or personal property by each Obligated Loan Party as lessor, or sublessor. To the best of each Obligated Party's knowledge, each Each of such leases and subleases is valid and enforceable in accordance with its terms and is in full force and effect, and no material default by any party to any such lease or sublease exists. Each Obligated Loan Party has good and indefeasible marketable title in fee simple to the Real Estate identified on Schedule 6.10 5.1(i) --------------- as owned by such Obligated Loan Party, or valid leasehold interests in all Real Estate designated therein as "leased" by such Obligated Loan Party, in and each case free and clear of any and all Liens except Permitted Liens. Each Obligated Loan Party has good, indefeasible, and merchantable title to all of its other property reflected on the October December 31, 2002 2001 Financial Statements of the Parent and its Subsidiaries delivered to the Agent and the LendersPurchaser, except as disposed of in the ordinary course of business since the date thereof, free of all Liens except Permitted Liens.

Real Estate Leases. As of the Closing Date, Schedule 6.10 6.9 sets forth a correct and complete list of all Real Estate owned by each Obligated Party, all leases and subleases of real or personal property by each Obligated Party as lessee or sublessee (other than leases of personal property as to which it such Obligated Party is lessee or sublessee for which the value of such personal property under any such lease in the aggregate is less than $1,000,0005,000,000), and all leases and subleases of real or personal property by each Obligated Party as lessor, or sublessor. To the best of each Obligated Party's knowledge, each Each of such leases and subleases is valid and enforceable in accordance with its terms and is in full force and effect, and no default by any party to any such lease or sublease exists. Each Obligated Party has good and indefeasible title in fee simple to the Real Estate identified on Schedule 6.10 6.9 as owned by such Obligated Party, or valid leasehold interests in all Real Estate designated therein on Schedule 6.9 as "leased" by such Obligated Party, in and each case free and clear of any and all Liens except Permitted Liens. Each Obligated Party has good, indefeasible, and merchantable title to all of its other property reflected on the October 31February 28, 2002 2003 Financial Statements of the Parent and its Subsidiaries delivered to the Administrative Agent and the Lenders, except as disposed of in the ordinary course of business since the date thereof, free of all Liens except Permitted Liens.

Real Estate Leases. Schedule 6.10 6.11 sets forth a correct and complete list of all Real Estate owned by each the Obligated PartyParties and all Real Estate owned by any of their Subsidiaries, all leases and subleases of real or personal property held by each any Obligated Party as lessee or sublessee (other than leases of personal property as to which it such Obligated Party is lessee or sublessee for which the value of such personal property in the aggregate is less than $1,000,000250,000), and all leases and subleases of real or personal property held by each the Obligated Party Parties as lessor, or sublessor. To the best of each Obligated Party's knowledge, each Each of such leases and subleases is valid and enforceable in accordance with its terms and is in full force and effect, and no default by any party to any such lease or sublease exists. Each Obligated Party has good and indefeasible marketable title in fee simple to the Real Estate identified on Schedule 6.10 6.11 as owned “owned” by such Obligated Party, or valid leasehold interests in all Real Estate designated therein as "“leased" ” by such Obligated Party, in Party and each case free and clear of any and all Liens except Permitted Liens. Each Obligated Party has good, indefeasible, and merchantable title to all of its other property reflected on the October 31, 2002 Financial Statements as of the Parent and its Subsidiaries September 30, 2006, delivered to the Agent and the Lenders, except as disposed of in the ordinary course of business since the date thereof, free of all Liens except Permitted Liens.

Real Estate Leases. As of the Closing Date and the date of any update to Schedule 6.10 pursuant to Section 5.4, Schedule 6.10 sets forth a correct and complete list of all Real Estate owned by each Obligated Loan Party, all leases and subleases of real or personal property by each Obligated Loan Party as lessee or sublessee (other than leases of personal property as to which it is lessee or sublessee for which the value of such personal property in the aggregate is less than $1,000,000)sublessee, and all leases and subleases of real or personal property by each Obligated Loan Party as lessor, or sublessor. To the best of each Obligated Party's knowledge, each Each of such leases and subleases is valid and enforceable in accordance with its terms and is in full force and effect, and no default by any party to any such lease or sublease exists, except as could not reasonably be expected to result in a Material Adverse Effect. Each Obligated As of the Closing Date and the date of any update to Schedule 6.10 pursuant to Section 5.4, each Loan Party has good and indefeasible marketable title in fee simple to the Real Estate identified on Schedule 6.10 as owned by such Obligated Loan Party, or valid leasehold interests in all Real Estate designated therein as "leased" by such Obligated Loan Party, in and each case free and clear of any and all Liens except Permitted Liens. Each Obligated Loan Party has good, indefeasible, and merchantable title to all of its other property reflected on the October 31, 2002 most recent Financial Statements of the Parent and its Subsidiaries delivered to the Agent and the Lenders, except as disposed of in the ordinary course of business since the date thereof, free of all Liens except Permitted Liens.

Real Estate Leases. As of the Closing Date, Schedule ------------------- -------- 6.10 sets forth a correct and complete list of all Real Estate owned by each Obligated Party---- Borrower, all leases and subleases of real or personal property by each Obligated Party Borrower as lessee or sublessee (other than leases of personal property as to which it is lessee or sublessee for which the value of such personal property in the aggregate is less than $1,000,000150,000), and all leases and subleases of real or personal property by each Obligated Party Borrower as lessor, or sublessor. To the best of each Obligated Party's knowledge, each Each of such leases and subleases is valid and enforceable in accordance with its terms and is in full force and effect, and no material default by any party to any such lease or sublease exists. Each Obligated Party Borrower has good and indefeasible marketable title in fee simple to the Real Estate identified on Schedule 6.10 as owned by such Obligated PartyBorrower, or valid ------------- leasehold interests in all Real Estate designated therein as "leased" by such Obligated PartyBorrower, in and each case free and clear of any and all Liens except Permitted Liens. Each Obligated Party Borrower has good, indefeasible, and merchantable title to all of its other property reflected on the October December 31, 2002 2001 Financial Statements of the Parent and its Subsidiaries delivered to the Agent and the Lenders, except as disposed of in the ordinary course of business since the date thereof, free of all Liens except Permitted Liens.