Real Property; Encumbrances. Enter into any agreement for the purchase, sale or lease of any real property, or place or allow the creation of any Encumbrance (other than Permitted Encumbrances) on any of its properties;
Real Property; Encumbrances. (a) Neither the Company nor any of its Subsidiaries owns or has owned, in whole or in part, any Real Property.
(b) Section 3.7(b) of the Company Disclosure Schedule sets forth a correct and complete listing of all Company Leased Real Property (including street address, lessor, rent and the Company or the applicable Subsidiary’s use thereof). Except as, individually or in the aggregate, has not been and would not be reasonably likely to have a Material Adverse Effect, the Company and each of its Subsidiaries, as applicable, has a valid leasehold interest to the leasehold estate in the Company Leased Real Property granted to the Company or such Subsidiary, as applicable, pursuant to the applicable Real Property Lease (subject to Permitted Liens), a true and correct copy of which (including all material amendments and modifications thereof or material waivers thereto) has been provided to Parent prior to the date hereof. Except as set forth on Section 3.7(b) of the Company Disclosure Schedule, there are no parties other than the Company and its Subsidiaries in possession of any portion of the Company Leased Real Property, and, to the knowledge of the Company, no Contract grants any Person (other than the Acquired Companies) the right of use or occupancy of any portion of the Company Leased Real Property.
(c) To the knowledge of the Company, there are no pending or threatened condemnation proceedings, lawsuits or administrative actions relating to any portion of the Company Leased Real Property, nor has the Company or any of its Subsidiaries received notice of any pending or threatened special assessment proceedings affecting any portion of the Company Leased Real Property.
Real Property; Encumbrances. (a) Neither Seller nor any Affiliate of Seller owns any Real Property. Section 2.6(a) of the Disclosure Schedule sets forth a true, correct and complete listing of all Seller Leased Real Property (including street address, legal description (where known), lessor, rent and Seller’s use thereof) and all documents comprising or affecting each Real Property Lease with respect thereto (including all amendments thereto and guarantees thereof). Seller has a valid leasehold interest to the leasehold estate in the Seller Leased Real Property granted to Seller pursuant to each Real Property Lease. Seller has not assigned, transferred, conveyed, mortgaged, deeded in trust or encumbered any Real Property Lease or any interest in any Seller Leased Real Property.
(b) The Seller Leased Real Property includes all interests in real property necessary, used or useful to conduct the business and operations of Seller (including the Business). No Affiliate of Seller leases, subleases, licenses or occupies any real property used or useful to the conduct of the business and operations of Seller (including the Business). There are no parties other than Seller in possession of any portion of the Seller Leased Real Property, and no Contract grants any Person (other than Seller) the right of use or occupancy of any portion of the Seller Leased Real Property.
(c) The Seller Leased Real Property and all uses and operations of the Seller Leased Real Property have complied in all material respects with all applicable Laws, covenants, conditions, restrictions, easements, disposition agreements and similar matters affecting the Seller Leased Real Property. Seller has obtained all Permits (including certificates of use and occupancy, licenses and permits) required in connection with its use, occupation and operation of the Seller Leased Real Property. There are no pending or, to the knowledge of Seller, threatened condemnation, fire, health, safety, building, zoning or other land use or regulatory proceedings, lawsuits or administrative actions relating to any portion of the Seller Leased Real Property or any other matters which do or may adversely affect the current use, occupancy or value thereof, nor has Seller received notice of any pending or threatened special assessment proceedings affecting any portion of the Seller Leased Real Property.
(d) There are no outstanding options or rights of first offer or refusal to lease or purchase any portion of the Seller Leased Real Property or an...
Real Property; Encumbrances. Schedule 5.15 describes any -------------------------- Permitted Encumbrances on the Real Property. Copies of any surveys in the Seller's possession or any policies of title insurance currently in force and in the possession of the Seller with respect to such Real Property have been delivered by the Seller to the Buyer.
Real Property; Encumbrances. Schedule 5.15 lists all real property encumbrances affecting the Real Property including matters contained in deeds, easements and options. True and correct copies of all current surveys, abstracts, title opinions and policies of title insurance currently in force with respect to such Real Property have been delivered by the Seller to the Buyer. None of the Permitted Encumbrances materially adversely affect the existing use of the Real Property.
Real Property; Encumbrances. (a) The Company does not own any Real Property.
(b) Section 2.6(b) of the Disclosure Schedule sets forth a correct and complete listing of all Company Leased Real Property. The Company has a valid leasehold interest to the leasehold estate in the Company Leased Real Property granted to the Company pursuant to the applicable Real Property Lease (subject to Permitted Liens). Except as set forth on Section 2.6(b) of the Disclosure Schedule, there are no parties other than the Company in possession of any portion of the Company Leased Real Property, and, to the knowledge of the Company, no Contract grants any Person the right of use or occupancy of any portion of the Company Leased Real Property (other than common areas pursuant to the terms of the Real Property Leases).
(c) To the knowledge of the Company, there are no pending or threatened condemnation proceedings, lawsuits or administrative actions relating to any portion of the Company Leased Real Property.
Real Property; Encumbrances. Schedule 5.15 describes the -------------------------- indentures of trust concerning the Pollution Control Facilities at the Xxxx Xxxxxxx Station (the "Bond Indentures") and the Indenture. At or before Closing, Seller shall cause the Purchased Assets to be released from the liens of the Indenture and the Bond Indentures. Copies of any surveys in the Seller's possession or any policies of title insurance currently in force and in the possession of the Seller with respect to the Real Property will be delivered by the Seller to the Buyer pursuant to Section 7.14.
Real Property; Encumbrances. Schedule 5.15 describes the -------------------------- indentures of trust concerning the pollution control facilities at the North Valmy Station (the "Bond Indentures") and the Indenture. At or before Closing, Seller shall cause the Purchased Assets to be released from the liens of the Indenture and the Bond Indentures. Copies of any surveys in the Seller's possession or any policies of title insurance currently in force and in the possession of the Seller with respect to the Real Property will be delivered by the Seller to the Buyer pursuant to Section 7.14.
Real Property; Encumbrances. Schedule 5.15 describes the -------------------------- indentures of trust concerning the Pollution Control Facilities at the Xxxxx Bundle (the "Bond Indentures") and the Indenture. At or before Closing, Seller shall cause the Purchased Assets to be released from the liens of the Indenture and the Bond
Real Property; Encumbrances. Seller covenants and agrees that Seller shall not cause, to the extent it has the power to do so, a Property Owner to subject its respective Real Property to an Encumbrance, except for Permitted Encumbrances, from and after the date of this Agreement through the Closing.
