Common use of Real Property Leases Clause in Contracts

Real Property Leases. Except pursuant to the Leases described in the SEC Documents (the “Company Leases”), the Company does not lease any Real Property. With respect to each of the Company Leases, except as disclosed in the SEC Documents, (i) the Company has been in peaceful possession of the property leased thereunder and neither the Company nor, to the Company’s knowledge, the landlord is in default thereunder; (ii) no waiver, indulgence or postponement of any of the Obligations thereunder has been granted by the Company or landlord thereunder; and (iii) there exists no event, occurrence, condition or act known to the Company which, upon notice or lapse of time or both, would be or could become a default thereunder or which could result in the termination of the Company Leases, or any of them, or have a Material Adverse Effect on the business of the Company, its Assets or its operations or financial results. The Company has not violated nor breached any provision of any such Company Leases, and all Obligations required to be performed by the Company under any of such Company Leases have been fully, timely and properly performed. If requested by any of the Buyers, the Company has delivered to such Buyers true, correct and complete copies of all Company Leases, including all modifications and amendments thereto, whether in writing or otherwise. The Company has not received any written or oral notice to the effect that any of the Company Leases will not be renewed at the termination of the term of such Company Leases, or that any of such Company Leases will be renewed only at higher rents.

Appears in 11 contracts

Samples: Securities Purchase Agreement (Invizyne Technologies Inc), Securities Purchase Agreement (theMaven, Inc.), Securities Purchase Agreement (Hancock Jaffe Laboratories, Inc.)

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Real Property Leases. Except pursuant for ordinary office Leases disclosed to the Leases described Buyer in writing prior to the SEC Documents date hereof (the “Company Leases”), the Company does not lease any other Real Property. With respect to each of the Company Leases, except as disclosed in the SEC Documents, : (i) the Company has been in peaceful possession of the property leased thereunder and neither the Company nor, to the Company’s knowledge, nor the landlord is in default thereunder; (ii) no waiver, indulgence or postponement of any of the Obligations thereunder has been granted by the Company or landlord thereunder; and (iii) there exists no event, occurrence, condition or act known to the Company which, upon notice or lapse of time or both, would be or could become a default thereunder or which could result in the termination of the Company Leases, or any of them, or have a Material Adverse Effect on the business of the Company, its Assets or its operations or financial results. The Company has not violated nor breached any provision of any such Company Leases, and all Obligations required to be performed by the Company under any of such Company Leases have been fully, timely and properly performed. If requested by any of the Buyers, the The Company has delivered to such Buyers the Buyer true, correct and complete copies of all Company Leases, including all modifications and amendments thereto, whether in writing or otherwise. The Company has not received any written or oral notice to the effect that any of the Company Leases will not be renewed at the termination of the term of such Company Leases, or that any of such Company Leases will be renewed only at higher rents.

Appears in 7 contracts

Samples: Securities Purchase Agreement (Growlife, Inc.), Securities Purchase Agreement (Pervasip Corp), Securities Purchase Agreement (Medytox Solutions, Inc.)

Real Property Leases. Except pursuant to for the Leases described in the SEC Documents (the “Company Leases”), the Company does not lease any other Real Property. With respect to each of the Company Leases, except as disclosed in the SEC Documents, : (i) the Company has been in peaceful possession of the property leased thereunder and neither the Company nor, to the Company’s knowledge, nor the landlord is in default thereunder; (ii) no waiver, indulgence or postponement of any of the Obligations thereunder has been granted by the Company or landlord thereunder; and (iii) there exists no event, occurrence, condition or act known to the Company which, upon notice or lapse of time or both, would be or could become a default thereunder or which could result in the termination of the Company Leases, or any of them, or have a Material Adverse Effect on the business of the Company, its Assets or its operations or financial results. The Company has not violated nor breached any provision of any such Company Leases, and all Obligations required to be performed by the Company under any of such Company Leases have been fully, timely and properly performed. If requested by any of the Buyers, the Company has delivered to such Buyers true, correct and complete copies of all Company Leases, including all modifications and amendments thereto, whether in writing or otherwise. The Company has not received any written or oral notice to the effect that any of the Company Leases will not be renewed at the termination of the term of such Company Leases, or that any of such Company Leases will be renewed only at higher rents.

Appears in 7 contracts

Samples: Securities Purchase Agreement (Mobivity Holdings Corp.), Securities Purchase Agreement (Mobivity Holdings Corp.), Securities Purchase Agreement (Mobivity Holdings Corp.)

Real Property Leases. Except pursuant to the Leases described in the SEC Documents (the “Company Leases”), the Company does not lease any Real Property. With respect to each of the Company Leases, except as disclosed in the SEC Documents, : (i) the Company has been in peaceful possession of the property leased thereunder and neither the Company nor, to the Company’s knowledge, the landlord is in default thereunder; (ii) no waiver, indulgence or postponement of any of the Obligations thereunder has been granted by the Company or landlord thereunder; and (iii) there exists no event, occurrence, condition or act known to the Company which, upon notice or lapse of time or both, would be or could become a default thereunder or which could result in the termination of the Company Leases, or any of them, or have a Material Adverse Effect on the business of the Company, its Assets or its operations or financial results. The Company has not violated nor breached any provision of any such Company Leases, and all Obligations required to be performed by the Company under any of such Company Leases have been fully, timely and properly performed. If requested by any of the Buyers, the Company has delivered to such Buyers true, correct and complete copies of all Company Leases, including all modifications and amendments thereto, whether in writing or otherwise. The Company has not received any written or oral notice to the effect that any of the Company Leases will not be renewed at the termination of the term of such Company Leases, or that any of such Company Leases will be renewed only at higher rents.

Appears in 5 contracts

Samples: Securities Purchase Agreement, Securities Purchase Agreement (Resonant Inc), Securities Purchase Agreement (Resonant Inc)

Real Property Leases. Except pursuant to for the Leases described in the SEC Documents Schedule 6.12(b) (the “Company Leases”), the Company does not lease any other Real Property. With respect to each of the Company Leases, except as disclosed in the SEC Documents, : (i) the Company has been in peaceful possession of the property leased thereunder and neither the Company nor, to the Company’s knowledge, nor the landlord is in default thereunder; (ii) no waiver, indulgence or postponement of any of the Obligations thereunder has been granted by the Company or landlord thereunder; and (iii) there exists no event, occurrence, condition or act known to the Company which, upon notice or lapse of time or both, would be or could become a default thereunder or which could result in the termination of the Company Leases, or any of them, or have a Material Adverse Effect on the business of the Company, its Assets or its operations or financial results. The Company has not violated nor breached any provision of any such Company Leases, and all Obligations required to be performed by the Company under any of such Company Leases have been fully, timely and properly performed. If requested by any of the Buyers, the The Company has delivered to such Buyers the Buyer true, correct and complete copies of all Company Leases, including all modifications and amendments thereto, whether in writing or otherwise. The Company has not received any written or oral notice to the effect that any of the Company Leases will not be renewed at the termination of the term of such Company Leases, or that any of such Company Leases will be renewed only at higher rents.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Aqualiv Technologies, Inc.), Securities Purchase Agreement (Aqualiv Technologies, Inc.), Securities Purchase Agreement (Tootie Pie Company, Inc.)

Real Property Leases. Except pursuant to for the Leases leases described in the SEC Documents Schedule 7.17(b) (the “Company Borrower Leases”), the Company Borrower does not lease any other Real Property. With respect to each of the Company Borrower Leases, except as disclosed in the SEC Documents, : (i) the Company Borrower has been in peaceful possession of the property leased thereunder and neither the Company nor, to the Company’s knowledge, Borrower nor the landlord is in default thereunder; (ii) no waiver, indulgence or postponement of any of the Obligations obligations thereunder has been granted by the Company Borrower or landlord thereunder; and (iii) there exists no event, occurrence, condition or act known to the Company Borrower which, upon notice or lapse of time or both, would be or could become a default thereunder or which could result in the termination of the Company Borrower Leases, or any of them, or have a Material Adverse Effect on the business of the Company, its Assets or its operations or financial resultsEffect. The Company Borrower has not violated nor breached any provision of any such Company Borrower Leases, and all Obligations obligations required to be performed by the Company Borrower under any of such Company Borrower Leases have been fully, timely and properly performed. If requested by any of the Buyers, the Company Borrower has delivered to such Buyers the Lender true, correct and complete copies of all Company Borrower Leases, including all modifications and amendments thereto, whether in writing or otherwise. The Company Borrower has not received any written or oral notice to the effect that any of the Company Borrower Leases will not be renewed at the termination of the term of such Company Borrower Leases, or that any of such Company the Borrower Leases will be renewed only at higher rents.

Appears in 2 contracts

Samples: Credit Agreement (Wowio, Inc.), Credit Agreement (Jammin Java Corp.)

Real Property Leases. Except pursuant for ordinary office Leases disclosed to the Leases described Buyer in writing prior to the SEC Documents date hereof (the "Company Leases"), the Company does not lease any other Real Property. With respect to each of the Company Leases, except as disclosed in the SEC Documents, : (i) the Company has been in peaceful possession of the property leased thereunder and neither the Company nor, to the Company’s knowledge, nor the landlord is in default thereunder; (ii) no waiver, indulgence or postponement of any of the Obligations thereunder has been granted by the Company or landlord thereunder; and (iii) there exists no event, occurrence, condition or act known to the Company which, upon notice or lapse of time or both, would be or could become a default thereunder or which could result in the termination of the Company Leases, or any of them, or have a Material Adverse Effect on the business of the Company, its Assets or its operations or financial results. The Company has not violated nor breached any provision of any such Company Leases, and all Obligations required to be performed by the Company under any of such Company Leases have been fully, timely and properly performed. If requested by any of the Buyers, the The Company has delivered to such Buyers the Buyer true, correct and complete copies of all Company Leases, including all modifications and amendments thereto, whether in writing or otherwise. The Company has not received any written or oral notice to the effect that any of the Company Leases will not be renewed at the termination of the term of such Company Leases, or that any of such Company Leases will be renewed only at higher rents.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Artec Global Media, Inc.), Securities Purchase Agreement (Myecheck, Inc.)

Real Property Leases. Except pursuant Section 3.1(n) of the Disclosure Schedules sets forth a true and complete description of locations that are the subject of leases, subleases and other agreements under which any Group Company uses or occupies or has the right to use or occupy any real property (each lease a “Real Property Lease” and the properties governed by such Real Property Leases described in the SEC Documents (the are referred to herein as Company LeasesLeased Properties”), in each case including (i) the Company does not lease address of each such Leased Property and (ii) the general nature of the current use of each such Leased Property. There is no material breach nor any material non-observance of any covenant, condition or agreement contained in any Real PropertyProperty Lease on the part of either the relevant landlord or the Group Company. There are no restrictions in any Real Property Lease which prevent the Leased Properties from being used for their present use. With respect to each of the Company Leases, except as disclosed in the SEC Documents, Real Property Lease: (i) the Group Company has been in peaceful possession of the property leased thereunder and neither the Group Company nor, to the Company’s knowledge, nor the landlord is in default thereunder; (ii) no waiver, indulgence or postponement of any of the Obligations thereunder has been granted by the Group Company or landlord thereunder; and (iii) there exists no event, occurrence, condition or act known to the Group Company which, upon notice or lapse of time or both, would be or could become a default thereunder or which could result in the termination of the Company Real Property Leases, or any of them, or have a Material Adverse Effect on the business of the Group Company, its Assets or its operations or financial results. The Group Company has not violated nor breached any provision of any such Company Real Property Leases, and all Obligations required to be performed by the Group Company under any of such Company Real Property Leases have been fully, timely and properly performed. If requested by any of the BuyersPurchaser, the Group Company has delivered to such Buyers Purchaser true, correct and complete copies of all Company Real Property Leases, including all modifications and amendments thereto, whether in writing or otherwise. The Group Company has not received any written or oral notice to the effect that any of the Company Real Property Leases will not be renewed at the termination of the term of such Company Real Property Leases, or that any of such Company Real Property Leases will be renewed only at higher rents. All the material properties leased or occupied by each Group Company are under valid and enforceable leases or agreements.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Luokung Technology Corp.), Securities Purchase Agreement (Luokung Technology Corp.)

Real Property Leases. Except pursuant to the Leases described in the SEC Documents (the “Company Leases”), the Company does not lease any Real Property. With respect to each of the Company Leases, except as disclosed in the SEC Documentsset forth on Schedule 6.12, (i) the Company has been in peaceful possession of the property leased thereunder and neither the Company nor, to the Company’s knowledge, the landlord is in default thereunder; (ii) no waiver, indulgence or postponement of any of the Obligations thereunder has been granted by the Company or landlord thereunder; and (iii) there exists no event, occurrence, condition or act known to the Company which, upon notice or lapse of time or both, would be or could become a default thereunder or which could result in the termination of the Company Leases, or any of them, or have a Material Adverse Effect on the business of the Company, its Assets or its operations or financial results. The Company has not violated nor breached any provision of any such Company Leases, and all Obligations required to be performed by the Company under any of such Company Leases have been fully, timely and properly performed. If requested by any of the Buyers, the Company has delivered to such Buyers true, correct and complete copies of all Company Leases, including all modifications and amendments thereto, whether in writing or otherwise. The Company has not received any written or oral notice to the effect that any of the Company Leases will not be renewed at the termination of the term of such Company Leases, or that any of such Company Leases will be renewed only at higher rents.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Imprimis Pharmaceuticals, Inc.), Securities Purchase Agreement (Imprimis Pharmaceuticals, Inc.)

Real Property Leases. Except pursuant to the Leases described for ordinary leases for office space disclosed in the SEC Documents (the “Company Borrower Leases”), the Company does not lease no Borrower leases any other Real Property. With respect to each of the Company Borrower Leases, except as disclosed in the SEC Documents, : (i) the Company each Borrower has been in peaceful possession of the property leased thereunder and neither the Company nor, to the Company’s knowledge, Borrower nor the landlord is in default thereunder; (ii) no waiver, indulgence or postponement of any of the Obligations obligations thereunder has been granted by the Company any Borrower or landlord thereunder; and (iii) there exists no event, occurrence, condition or act known to the Company any Borrower which, upon notice or lapse of time or both, would be or could become a default thereunder or which could result in the termination of the Company Borrower Leases, or any of them, or have a Material Adverse Effect on the business of the Company, its Assets or its operations or financial resultsEffect. The Company No Borrower has not violated nor breached any provision of any such Company Borrower Leases, and all Obligations obligations required to be performed by the Company any Borrower under any of such Company Borrower Leases have been fully, timely and properly performed. If requested by any of the Buyers, the Company Each Borrower has delivered to such Buyers the Lender true, correct and complete copies of all Company Borrower Leases, including all modifications and amendments thereto, whether in writing or otherwise. The Company No Borrower has not received any written or oral notice to the effect that any of the Company Borrower Leases will not be renewed at the termination of the term of such Company Borrower Leases, or that any of such Company the Borrower Leases will be renewed only at higher rents.

Appears in 2 contracts

Samples: Credit Agreement (Wild Craze, Inc.), Credit Agreement (M Line Holdings Inc)

Real Property Leases. Except pursuant to the Leases described in the SEC Documents or in Section 6.12 of the Disclosure Schedules (the “Company Leases”), the Company does not lease any Real Property. With respect to each of the Company Leases, except as disclosed in the SEC Documents, : (i) the Company has been in peaceful possession of the property leased thereunder and neither the Company nor, to the Company’s knowledge, the landlord is in default thereunder; (ii) no waiver, indulgence or postponement of any of the Obligations thereunder has been granted by the Company or landlord thereunder; and (iii) there exists no event, occurrence, condition or act known to the Company which, upon notice or lapse of time or both, would be or could become a default thereunder or which could result in the termination of the Company Leases, or any of them, or have a Material Adverse Effect on the business of the Company, its Assets or its operations or financial results. The Company has not violated nor breached any provision of any such Company Leases, and all Obligations required to be performed by the Company under any of such Company Leases have been fully, timely and properly performed. If requested by any of the Buyers, the Company has delivered to such Buyers true, correct and complete copies of all Company Leases, including all modifications and amendments thereto, whether in writing or otherwise. The Company has not received any written or oral notice to the effect that any of the Company Leases will not be renewed at the termination of the term of such Company Leases, or that any of such Company Leases will be renewed only at higher rents.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Interlink Electronics Inc), Securities Purchase Agreement (Clean Diesel Technologies Inc)

Real Property Leases. Except pursuant (a) Schedule 4.10(a) sets forth the address of each parcel of Leased Real Property, and a true and complete list of all Leases for each such Leased Real Property (including the date and name of the parties to such Lease document). The Acquired Companies have delivered to the Leases described Buyer a true and complete copy of each such Lease document, and in the SEC Documents case of any oral Lease, a written summary of the material terms of such Lease. (the “Company Leases”b) Except as set forth in Schedule 4.10(b), the Company does not lease any Real Property. With with respect to each of the Company Leases, except as disclosed in the SEC Documents, : (i) such Lease is in full force and effect and is the Company has been in peaceful possession legal, valid, enforceable and binding obligation of the property leased thereunder Acquired Companies; (ii) the transactions contemplated by this Agreement do not require the consent of any other party to such Lease and will not result in a breach of or default under such Lease; (iii) neither the Company Acquired Companies nor, to Seller’s Knowledge, any other party to the CompanyLease is in breach or default under such Lease, and no event under Seller’s knowledgecontrol has occurred, or, to Seller’s Knowledge, no event under any other party’s control has occurred, and no circumstance exists that, with the delivery of notice, the landlord is in default thereunder; (ii) no waiver, indulgence or postponement of any of the Obligations thereunder has been granted by the Company or landlord thereunder; and (iii) there exists no event, occurrence, condition or act known to the Company which, upon notice or lapse passage of time or both, would be constitute such a breach or could become a default thereunder or which could result in the termination of the Company Leasesdefault, or permit the termination, modification or acceleration of rent under such Lease; (iv) the Acquired Companies have not subleased, licensed or otherwise granted any of them, Person the right to use or occupy such Leased Real Property or any portion thereof; (v) the Acquired Companies have a Material Adverse Effect not collaterally assigned or granted any other Lien in such Lease or any interest therein; and (vi) there are no Liens on the business of the Company, its Assets estate or its operations or financial results. The Company has not violated nor breached any provision of any interest created by such Company Leases, and all Obligations required to be performed by the Company under any of such Company Leases have been fully, timely and properly performed. If requested by any of the Buyers, the Company has delivered to such Buyers true, correct and complete copies of all Company Leases, including all modifications and amendments thereto, whether in writing or otherwise. The Company has not received any written or oral notice to the effect that any of the Company Leases will not be renewed at the termination of the term of such Company Leases, or that any of such Company Leases will be renewed only at higher rentsLease.

Appears in 1 contract

Samples: Stock Purchase Agreement (Refac Optical Group)

Real Property Leases. Except pursuant for ordinary and customary office leases for the Company’s offices delivered to Buyer with the Leases described in the SEC Documents Due Diligence Materials (the “Company Leases”), the Company does not lease any other Real Property. With respect to each of the Company Leases, except as disclosed in the SEC Documents, : (i) the Company has been in peaceful possession possess ion of the property leased thereunder and neither the Company nor, to the Company’s knowledge, nor the landlord is in default thereunder; (ii) no waiver, indulgence or postponement of any of the Obligations thereunder has been granted by the Company or landlord thereunder; and (iii) there exists no event, occurrence, condition or act known to the Company which, upon notice or lapse of time or both, would be or could become a default thereunder or which could result in the termination of the Company Leases, or any of them, or have a Material Adverse Effect on the business of the Company, its Assets or its operations or financial results. The Company has not violated nor breached any provision of any such Company Leases, and all Obligations required to be performed by the Company under any of such Company Leases have been fully, timely and properly performed. If requested by any of the Buyers, the The Company has delivered to such Buyers the Buyer true, correct and complete copies of all Company Leases, including all modifications and amendments thereto, whether in writing or otherwise. The Company has not received any written or oral notice to the effect that any of the Company Leases will not be renewed at the termination of the term of such Company Leases, or that any of such Company Leases will be renewed only at higher rents.

Appears in 1 contract

Samples: Securities Purchase Agreement (Millennium Healthcare Inc.)

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Real Property Leases. Except pursuant to the for ordinary office Leases described in the SEC Documents (the “Company Leases”), the Company does not lease any other Real Property. With respect to each of the Company Leases, except as disclosed in the SEC Documents, : (i) the Company has been in peaceful possession of the property leased thereunder and neither the Company nor, to the Company’s knowledge, nor the landlord is in default thereunder; (ii) no waiver, indulgence or postponement of any of the Obligations thereunder has been granted by the Company or landlord thereunder; and (iii) there exists no event, occurrence, condition or act known to the Company which, upon notice or lapse of time or both, would be or could become a default thereunder or which could result in the termination of the Company Leases, or any of them, or have a Material Adverse Effect on the business of the Company, its Assets or its operations or financial results. The Company has not violated nor breached any provision of any such Company Leases, and all Obligations required to be performed by the Company under any of such Company Leases have been fully, timely and properly performed. If requested by any of the Buyers, the The Company has delivered to such Buyers the Buyer true, correct and complete copies of all Company Leases, including all modifications and amendments thereto, whether in writing or otherwise. The Company has not received any written or oral notice to the effect that any of the Company Leases will not be renewed at the termination of the term of such Company Leases, or that any of such Company Leases will be renewed only at higher rents.

Appears in 1 contract

Samples: Securities Purchase Agreement (Revolutions Medical CORP)

Real Property Leases. Except pursuant to for the Leases described in the SEC Documents Schedule 6.12(b) (the “Company Leases”), the Company does not lease any other Real Property. With respect to each of the Company Leases, except as disclosed in the SEC Documents, : (i) the Company has been in peaceful possession of the property leased thereunder and neither the Company nor, to the Company’s knowledge, nor the landlord is in default thereunder; (ii) no waiver, indulgence or postponement of any of the Obligations thereunder has been granted by the Company or landlord thereunder; and (iii) there exists no event, occurrence, condition or act known to the Company which, upon notice or lapse of time or both, would be or could become a default thereunder or which could result in the termination of the Company Leases, or any of them, or have a Material Adverse Effect on the business of the Company, its Assets or its operations or financial results; and (iv) the Company has clear and marketable title to its leasehold interest for any such Leases, free and clear of all Encumbrances. The Company has not violated nor breached any provision of any such Company Leases, and all Obligations required to be performed by the Company under any of such Company Leases have been fully, timely and properly performed. If requested by any of the Buyers, the The Company has delivered to such Buyers the Buyer true, correct and complete copies of all Company Leases, including all modifications and amendments thereto, whether in writing or otherwise. The Company has not received any written or oral notice to the effect that any of the Company Leases will not be renewed at the termination of the term of such Company Leases, or that any of such Company Leases will be renewed only at higher rents.

Appears in 1 contract

Samples: Securities Purchase Agreement (American Natural Energy Corp)

Real Property Leases. Except pursuant to for the Leases described in the SEC Documents (the “Company Leases”), the Company does not lease any other Real Property. With respect to each of the Company Leases, except as disclosed in the SEC Documents, : (i) the Company has been in peaceful possession of the property leased thereunder and neither the Company nor, to the Company’s knowledge, nor the landlord is in default thereunder; (ii) no waiver, indulgence or postponement of any of the Obligations thereunder has been granted by the Company or landlord thereunder; and (iii) there exists no event, occurrence, condition or act known to the Company which, upon notice or lapse of time or both, would be or could become a default thereunder or which could result in the termination of the Company Leases, or any of them, or have a Material Adverse Effect on the business of the Company, its Assets or its operations or financial results. The Company has not violated nor breached any provision of any such Company Leases, and all Obligations required to be performed by the Company under any of such Company Leases have been fully, timely and properly performed. If requested by any of the BuyersBuyer, the Company has delivered to such Buyers Buyer true, correct and complete copies of all Company Leases, including all modifications and amendments thereto, whether in writing or otherwise. The Company has not received any written or oral notice to the effect that any of the Company Leases will not be renewed at the termination of the term of such Company Leases, or that any of such Company Leases will be renewed only at higher rents.

Appears in 1 contract

Samples: Securities Purchase Agreement (Nemus Bioscience, Inc.)

Real Property Leases. Except pursuant (a) The Company Disclosure Schedule lists all Leases. The Company has delivered to Parent true, correct and complete copies of the Leases described in the SEC Documents (the “Company Leases”), the Company does not lease any Real Property. With respect to each of the Company LeasesLease, except as disclosed set forth in the SEC Documents, Company Disclosure Schedule: (i) such Lease is in full force and effect and is legal, valid, binding, and enforceable against the Company has been in peaceful possession and, to the Knowledge of the property leased thereunder Company, each of the other parties thereto until it expires and the base rent and any other amounts payable under each Lease are consistent with the fair market lease rates and terms for comparable facilities; (ii) such Lease will continue to be legal, valid, binding, enforceable and in full force and effect immediately following the Closing in accordance with the terms thereof as in effect immediately prior to the Closing; (iii) no consent or approval is required with respect to the transactions contemplated hereby from the other parties to any Lease of real property, and no material filing with any Governmental Entity is required with respect to the transactions contemplated hereby; (iv) neither the Company nor, to the Company’s knowledge, the landlord is in default thereunder; (ii) no waiver, indulgence or postponement of any of the Obligations thereunder has been granted by the Company or landlord thereunder; and (iii) there exists no event, occurrence, condition or act known to the Company which, upon notice or lapse of time or both, would be or could become a default thereunder or which could result in the termination of the Company Leases, or any of them, or have a Material Adverse Effect on the business Knowledge of the Company, its Assets any other party, is in breach or its operations violation of, or financial results. The default under, any such Lease in any material respect, and no act or omission has occurred, and no condition exists, is pending or, to the Company’s Knowledge, is threatened, which, after the giving of notice, with the lapse of time, or otherwise, would constitute a breach or default by the Company or, to the Knowledge of the Company, any other party under such Lease, which individually or in the aggregate would have a Company Material Adverse Effect; (v) there are no disputes, oral agreements or forbearance programs in effect as to such Lease; (vi) the Company has not violated nor breached assigned, transferred, conveyed, mortgaged, deeded in trust or encumbered any provision interest in any leasehold or subleasehold; and (vii) to the Knowledge of the Company, all facilities leased or subleased thereunder are supplied with utilities and other services adequate for the operation of said facilities. (b) Except as set forth in the Company Disclosure Schedule, to the Knowledge of the Company, there are no material defects in the physical condition of any such Company Leasesland, and all Obligations required buildings, or improvements constituting Leased Real Property which are material to be performed by the Company under any Company’s use of such Company Leases have been fully, timely and properly performed. If requested by any of the Buyers, the Company has delivered to such Buyers true, correct and complete copies of all Company Leases, including all modifications and amendments thereto, whether in writing or otherwise. The Company has not received any written or oral notice to the effect that any of the Company Leases will not be renewed at the termination of the term of such Company Leases, or that any of such Company Leases will be renewed only at higher rentsLeased Real Property.

Appears in 1 contract

Samples: Stock Purchase Agreement (FusionStorm Global, Inc.)

Real Property Leases. Except pursuant to for the Leases described in the SEC Documents Schedule 6.12(b) (the "Company Leases"), the Company does not lease any other Real Property. With respect to each of the Company Leases, except as disclosed in the SEC Documents, : (i) the Company has been in peaceful possession of the property leased thereunder and neither the Company nor, to the Company’s knowledge, nor the landlord is in default thereunder; (ii) no waiver, indulgence or postponement of any of the Obligations thereunder has been granted by the Company or landlord thereunder; and (iii) there exists no event, occurrence, condition or act known to the Company which, upon notice or lapse of time or both, would be or could become a default thereunder or which could result in the termination of the Company Leases, or any of them, or have a Material Adverse Effect on the business of the ofthe Company, its Assets or its operations or financial results. The Company has not violated nor breached any provision of any such Company Leases, and all Obligations required to be performed by the Company under any of such Company Leases have been fully, timely and properly performed. If requested by any of the Buyers, the The Company has delivered to such Buyers the Buyer true, correct and complete copies of all Company Leases, including all modifications and amendments thereto, whether in writing or otherwise. The Company has not received any written or oral notice to the effect that any of the Company Leases will not be renewed at the termination of the term of such Company Leases, or that any of such Company Leases will be renewed only at higher rents.

Appears in 1 contract

Samples: Securities Purchase Agreement (Dynamic Ventures Corp.)

Real Property Leases. Except pursuant to the for ordinary and customary office Leases for market rent, and as otherwise described in the SEC Documents (the “Company Leases”), the Company does not lease any other Real Property. With respect to each of the Company Leases, except as disclosed in the SEC Documents, : (i) the Company has been in peaceful possession of the property leased thereunder and neither the Company nor, to the Company’s knowledge, nor the landlord is in default thereunder; (ii) no waiver, indulgence or postponement of any of the Obligations thereunder has been granted by the Company or landlord thereunder; and (iii) there exists no event, occurrence, condition or act known to the Company which, upon notice or lapse of time or both, would be or could become a default thereunder or which could result in the termination of the Company Leases, or any of them, or have a Material Adverse Effect on the business of the Company, its Assets or its operations or financial results. The Company has not violated nor breached any provision of any such Company Leases, and all Obligations required to be performed by the Company under any of such Company Leases have been fully, timely and properly performed. If requested by any of the Buyers, the The Company has delivered to such Buyers the Buyer true, correct and complete copies of all Company Leases, including all modifications and amendments thereto, whether in writing or otherwise. The Company has not received any written or oral notice to the effect that any of the Company Leases will not be renewed at the termination of the term of such Company Leases, or that any of such Company Leases will be renewed only at higher rents.

Appears in 1 contract

Samples: Securities Purchase Agreement (POSITIVEID Corp)

Real Property Leases. Except pursuant to the for ordinary office Leases described in the SEC Documents from which the Company operates its business (the “Company Leases”), the Company does not lease any other Real Property. With respect to each of the Company Leases, except as disclosed in the SEC Documents, : (i) the Company has been in peaceful possession of the property leased thereunder and neither the Company nor, to the Company’s knowledge, the landlord landlord, is in default thereunder; (ii) no material waiver, indulgence or postponement of any of the Obligations obligations thereunder has been granted by the Company or landlord thereunder; and (iii) there exists no event, occurrence, condition or act known to the Company which, upon notice or lapse of time or both, would be or could become a default thereunder or which could would result in the termination of the Company Leases, or any of them, or have a Material Adverse Effect on the business of the Company, its Assets or its operations or financial results. The Company has not violated nor breached any provision of any such Company Leases, and all Obligations obligations required to be performed by the Company under any of such Company Leases have been fully, timely and properly performed. If requested by any of the Buyers, the The Company has made available or delivered to such Buyers the Buyer true, correct and complete copies of all Company Leases, including all modifications and amendments thereto, whether in writing or otherwise. The Company has not received any written or oral notice to the effect that any of the Company Leases will not be renewed at the termination of the term of such Company Leases, or that any of such Company Leases will be renewed only at higher rents.

Appears in 1 contract

Samples: Securities Purchase Agreement (Cyclone Power Technologies Inc)

Real Property Leases. Except pursuant to the Leases described in the SEC Documents or in Section 5.12 of the Disclosure Schedules (the “Company Leases”), the Company does not lease any Real Property. With respect to each of the Company Leases, except as disclosed in the SEC Documents, : (i) the Company has been in peaceful possession of the property leased thereunder and neither the Company nor, to the Company’s knowledge, the landlord is in default thereunder; (ii) no waiver, indulgence or postponement of any of the Obligations thereunder has been granted by the Company or landlord thereunder; and (iii) there exists no event, occurrence, condition or act known to the Company which, upon notice or lapse of time or both, would be or could become a default thereunder or which could result in the termination of the Company Leases, or any of them, or have a Material Adverse Effect on the business of the Company, its Assets or its operations or financial results. The Company has not violated nor breached any provision of any such Company Leases, and all Obligations required to be performed by the Company under any of such Company Leases have been fully, timely and properly performed. If requested by any of the Buyers, the Company has delivered to such Buyers true, correct and complete copies of all Company Leases, including all modifications and amendments thereto, whether in writing or otherwise. The Company has not received any written or oral notice to the effect that any of the Company Leases will not be renewed at the termination of the term of such Company Leases, or that any of such Company Leases will be renewed only at higher rents.

Appears in 1 contract

Samples: Securities Purchase Agreement (TOMI Environmental Solutions, Inc.)

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