Real Property Agreements. Schedule 4.8 lists, as of the date of this Agreement, all real property leases, easements, licenses and other rights in real property (collectively, the “Real Property Agreements”) to which any Seller is a party (directly or as a successor or assignee) and which (i) are to be transferred and assigned to Buyer on the Closing Date, (ii) affect all or any part of any Real Property and (iii) provide for annual payments of more than $100,000. Except as set forth in Schedule 4.8, all such Real Property Agreements are valid, binding and enforceable in accordance with their terms, and are in full force and effect, and may be transferred or assigned to Buyer at the Closing without the consent or approval of the other parties thereto; there are no existing material defaults by Sellers or any other party thereunder; and no event has occurred which (whether with or without notice, lapse of time or both) would constitute a material default by Sellers or any other party thereunder.
Appears in 1 contract
Samples: Asset Purchase Agreement (Niagara Mohawk Power Corp /Ny/)
Real Property Agreements. Schedule 4.8 lists, as of the date of this Agreement, all real property leases, easements, licenses and other rights in real property (collectively, the “"Real Property Agreements”") to which any Seller is a party (directly or as a successor or assignee) and which (i) are to be transferred and assigned to Buyer on the Closing Date, (ii) affect all or any part of any Real Property and (iii) provide for annual payments of more than $100,000. Except as set forth in Schedule 4.8, all such Real Property Agreements are valid, binding and enforceable in accordance with their terms, and are in full force and effect, and may be transferred or assigned to Buyer at the Closing without the consent or approval of the other parties thereto; there are no existing material defaults by Sellers Seller or any other party thereunder; and no event has occurred which (whether with or without notice, lapse of time or both) would constitute a material default by Sellers Seller or any other party thereunder.
Appears in 1 contract
Samples: Asset Purchase Agreement (Niagara Mohawk Power Corp /Ny/)
Real Property Agreements. Schedule 4.8 lists, as of the date of this Agreement, all real property leases, easements, licenses and other rights in real property (collectively, the “Real Property Agreements”"REAL PROPERTY AGREEMENTS") to which any Seller is a party (directly or as a successor or assignee) and which (i) are to be transferred and assigned to Buyer on the Closing Date, (ii) affect all or any part of any Real Property and (iii) provide for annual payments of more than $100,000. Except as set forth in Schedule 4.8, all such Real Property Agreements are valid, binding and enforceable in accordance with their terms, and are in full force and effect, and may be transferred or assigned to Buyer at the Closing without the consent or approval of the other parties thereto; there are no existing material defaults by Sellers or any other party thereunder; and no event has occurred which (whether with or without notice, lapse of time or both) would constitute a material default by Sellers or any other party thereunder.
Appears in 1 contract
Real Property Agreements. Schedule 4.8 lists, as of the date of this ------------------------ Agreement, all real property leases, easements, licenses and other rights in real property (collectively, the “"Real Property Agreements”") to which any Seller ------------------------ is a party (directly or as a successor or assignee) and which (i) are to be transferred and assigned to Buyer on the Closing Date, (ii) affect all or any part of any Real Property and (iii) provide for annual payments of more than $100,000. Except as set forth in Schedule 4.8, all such Real Property Agreements are valid, binding and enforceable in accordance with their terms, and are in full force and effect, and may be transferred or assigned to Buyer at the Closing without the consent or approval of the other parties thereto; there are no existing material defaults by Sellers or any other party thereunder; and no event has occurred which (whether with or without notice, lapse of time or both) would constitute a material default by Sellers or any other party thereunder.
Appears in 1 contract
Samples: Asset Purchase Agreement (Rochester Gas & Electric Corp)