Common use of Real Property Owned or Leased Clause in Contracts

Real Property Owned or Leased. (a) The Company does not own any real property. (b) The Company leases the manufacturing and office facilities located at 0000 Xxxxx Xxxxxxxx Xxx, Xxx Xxxxxx, Xxxxxxxxx (the "Leased Property") upon terms and conditions contained in the lease agreement attached hereto and made a part here of as Schedule 3.14 (the "Lease"). (c) The Company represents that: (i) The Lease is in full force and effect, and that, to the best of the Company's knowledge, the Company is not aware of any material default thereunder. To the best of the Company's knowledge, none of the rights or benefits accorded the Company under the Lease will be impaired by the Merger and no consent to the Merger is required from any other party to the Lease, and that after the Merger, the Lease will be and shall remain in full force and effect. (ii) The Company has the right of quiet enjoyment to each parcel of Leased Property. (iii) All improvements, fixtures, structures, machinery and equipment used by the Company in carrying on its business are located on the Leased Property. (iv) The Company has the right to use the Leased Property for all of the operations now conducted therefrom and the Company, by virtue of the Lease, possesses all easements, licenses, rights of way and rights in, to, and over the Property which are necessary for the conduct of the business in the ordinary course. The Leased Property and Improvements are adequate and sufficient for all operations now conducted by the Company. (v) Neither the whole nor any portion of any of the Leased Property is the subject of a pending condemnation or eminent domain proceeding, and to the best of the Company's knowledge, the Company does not know nor has any grounds to believe that any such condemnation or taking is threatened or contemplated. (vi) None of the Leased Property is occupied by any entity or person other than the Company, nor does any other person or entity have any rights to occupy any portion of the Leased Property, except that certain space which is not exclusive to the Company, is leased to other tenants by the Landlord, none of which, however, interferes with the operations of the Company's business in its ordinary course as shown on Schedule 3.14(c)(vi). (vii) Except for the Leased Property, the Company leases no other real property. (viii) The Company's occupancy of the Leased Property is not in material violation of any law or regulation applicable thereto, nor has the Company, to the best of the Company's knowledge, received any notice of any such violation. (ix) The Company has not received any notice of any violation of any law, ordinance, regulation, building, zoning or fire code or requiring or calling attention to the need for any work, repairs, construction, alterations or installations with respect to any of the Leased Property nor has any such notice been posted on any portion of the Leased Property.

Real Property Owned or Leased. (a) The Company L&W does not own any real property. Schedule 3.13 contains a true, correct and complete list of all real property leased by L&W (the “L&W Leased Property”). True and complete copies of all leases or other documentation relating to the leasehold of the properties referred to in Schedule 3.13 have been furnished or made available to Bancshares. (b) The Company leases No lease with respect to any L&W Leased Property contains any restrictive covenant that materially restricts the manufacturing and office facilities located at 0000 Xxxxx Xxxxxxxx Xxxuse, Xxx Xxxxxx, Xxxxxxxxx (the "transferability or value of such L&W Leased Property") upon . Each of such leases is a legal, valid and binding obligation enforceable in accordance with its terms (except as may be limited by bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the rights of creditors generally and conditions contained in the lease agreement attached hereto availability of equitable remedies), and made a part here of as Schedule 3.14 (the "Lease"). (c) The Company represents that: (i) The Lease is in full force and effect, ; there are no existing defaults by L&W or the other party thereunder and that, to there are no allegations or assertions of such by any party under such agreement or any events that with notice lapse of time or the best of the Company's knowledge, the Company is not aware happening or occurrence of any material other event would constitute a default thereunder. . (c) To the best knowledge of the Company's knowledgeL&W, none of the rights or benefits accorded the Company under the Lease will be impaired by the Merger buildings and no consent to the Merger is required from structures located on any other party to the Lease, and that after the Merger, the Lease will be and shall remain in full force and effect. (ii) The Company has the right of quiet enjoyment to each parcel of L&W Leased Property. (iii) All improvements, fixtures, structures, machinery and equipment used by the Company in carrying on its business are located on the Leased Property. (iv) The Company has the right to use the Leased Property for all of the operations now conducted therefrom and the Company, by virtue of the Lease, possesses all easements, licenses, rights of way and rights in, to, and over the Property which are necessary for the conduct of the business in the ordinary course. The Leased Property and Improvements are adequate and sufficient for all operations now conducted by the Company. (v) Neither the whole nor any portion of appurtenances thereto or equipment therein, nor the operation or maintenance thereof, violates in any of the Leased Property is the subject of a pending condemnation material manner any restrictive covenants or eminent domain proceeding, and to the best of the Company's knowledge, the Company does not know nor has encroaches on any grounds to believe that any such condemnation or taking is threatened or contemplated. (vi) None of the Leased Property is occupied property owned by any entity or person other than the Companyothers, nor does any other person building or entity have structure of third parties encroach upon any rights to occupy any portion of the L&W Leased Property, except that certain space for those violations and encroachments which in the aggregate could not reasonably be expected to cause a Material Adverse Effect on L&W. No condemnation proceeding is not exclusive pending or, to L&W’s knowledge, threatened, which would preclude or materially impair the Company, use of any L&W Leased Property in the manner in which it is leased to other tenants by the Landlord, none of which, however, interferes with the operations of the Company's business in its ordinary course as shown on Schedule 3.14(c)(vi)currently being used. (viid) Except for the L&W has a valid and enforceable leasehold interest in, or a contract vendee’s interest in, all L&W Leased Property, and such interest is free and clear of all liens, charges or other encumbrances, except (i) statutory liens for amounts not yet delinquent or which are being contested in good faith through proper proceedings and (ii) those liens related to real property taxes, local improvement district assessments, easements, covenants, restrictions and other matters of record which do not individually or in the Company leases no other aggregate materially adversely affect the use and enjoyment of the relevant real property. (viiie) The Company's occupancy Except as set forth in Schedule 3.13(e), all buildings and other facilities used in the business of the Leased Property is not in material violation of any law or regulation applicable thereto, nor has the CompanyL&W are adequately maintained and, to the best knowledge of L&W, are free from defects which could materially interfere with the Company's knowledge, received any notice current or future use of any such violationfacilities. (ix) The Company has not received any notice of any violation of any law, ordinance, regulation, building, zoning or fire code or requiring or calling attention to the need for any work, repairs, construction, alterations or installations with respect to any of the Leased Property nor has any such notice been posted on any portion of the Leased Property.

Real Property Owned or Leased. (a) The Other than Real Estate Owned, Schedule 3.10(a) contains a true, correct and complete list of all real property owned or leased by FBHC and its Subsidiaries (the "FBHC Real Property"). FBHC has delivered to the Company does not own any real propertytrue and complete copies of all of its deeds, leases and title insurance policies for the properties referred to in Schedule 3.10(a). (b) The Company No lease with respect to any FBHC Real Property and no deed with respect to any FBHC Real Property contains any restrictive covenant that materially restricts the use, transferability or value of such FBHC Real Property. To FBHC's knowledge, each of such leases is a legal, valid and binding obligation enforceable in accordance with its terms (except as may be limited by bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the manufacturing rights of creditors generally and office facilities located at 0000 Xxxxx Xxxxxxxx Xxxthe availability of equitable remedies), Xxx Xxxxxx, Xxxxxxxxx (the "Leased Property") upon terms and conditions contained in the lease agreement attached hereto and made a part here of as Schedule 3.14 (the "Lease"). (c) The Company represents that: (i) The Lease is in full force and effect, and that; there are no existing defaults by FBHC or any of its Subsidiaries or, to the best of the CompanyFBHC's knowledge, the Company is not aware of any material default other party thereunder. To the best of the Company; to FBHC's knowledge, none there are no allegations or assertions of such by any party under such agreement or any events that with notice, lapse of time or the rights happening or benefits accorded the Company under the Lease will be impaired by the Merger and no consent to the Merger is required from occurrence of any other party to the Lease, and that after the Merger, the Lease will be and shall remain in full force and effectevent would constitute a default thereunder. (ii) The Company has the right of quiet enjoyment to each parcel of Leased Property. (iii) All improvements, fixtures, structures, machinery and equipment used by the Company in carrying on its business are located on the Leased Property. (iv) The Company has the right to use the Leased Property for all of the operations now conducted therefrom and the Company, by virtue of the Lease, possesses all easements, licenses, rights of way and rights in, to, and over the Property which are necessary for the conduct of the business in the ordinary course. The Leased Property and Improvements are adequate and sufficient for all operations now conducted by the Company. (v) Neither the whole nor any portion of any of the Leased Property is the subject of a pending condemnation or eminent domain proceeding, and to the best of the Company's knowledge, the Company does not know nor has any grounds to believe that any such condemnation or taking is threatened or contemplated. (vic) None of the Leased Property is occupied buildings and structures located on any FBHC Real Property, nor any appurtenances thereto or equipment therein, nor the operation or maintenance thereof, violates in any material manner any restrictive covenants or encroaches on any property owned by any entity or person other than the Companyothers, nor does any other person building or entity have structure of third parties encroach upon any rights to occupy any portion of the Leased FBHC Real Property, except that certain space for those violations and encroachments which in the aggregate could not reasonably be expected to cause a Material Adverse Effect on FBHC. No condemnation proceeding is not exclusive pending or, to FBHC's knowledge, threatened, which would preclude or materially impair the Company, use of any FBHC Real Property in the manner in which it is leased to other tenants by the Landlord, none of which, however, interferes with the operations of the Company's business in its ordinary course as shown on Schedule 3.14(c)(vi)currently being used. (viid) Except for the Leased FBHC and its Subsidiaries have good and indefeasible title to, or a valid and enforceable leasehold interest in, or a contract vendee's interest in, FBHC Real Property, and such interest is free and clear of all liens, charges or other encumbrances, except (i) statutory liens for amounts not yet delinquent or which are being contested in good faith through proper proceedings and (ii) those liens related to real property taxes, local improvement district assessments, easements, covenants, restrictions and other matters of record which do not individually or in the Company leases no other aggregate materially adversely affect the use and enjoyment of the relevant real property. (viiie) The Company's occupancy All buildings and other facilities used in the business of FBHC and its Subsidiaries are adequately maintained and are free from defects which could materially interfere with the Leased Property is not in material violation current or future use of any law or regulation applicable thereto, nor has the Company, to the best of the Company's knowledge, received any notice of any such violationfacilities. (ix) The Company has not received any notice of any violation of any law, ordinance, regulation, building, zoning or fire code or requiring or calling attention to the need for any work, repairs, construction, alterations or installations with respect to any of the Leased Property nor has any such notice been posted on any portion of the Leased Property.

Real Property Owned or Leased. (a) The Company does not own any RMED owns real property. (b) The Company leases the manufacturing and office facilities located property at 0000 Xxxxx Xxxxxxxx Xxx675 Industrial Boulevard, Xxx XxxxxxDelta, Xxxxxxxxx Colorado (the "Leased Property") upon terms and conditions contained in the lease agreement attached hereto and made a part here of as Schedule 3.14 (the "LeaseWarxxxxxx Xxxxxxxx"). (cx) The Company represents thatXXXX xxxxxx xxxx xxxxerty located at 3925 North Hastings Way, Eau Claire, Wisconsin (the "Xxxxxxxxxxxxx Xxxxxxxx"). (x) XXXX xxxxxxxxxx xhat: (i) The Lease is in full force and effect, and that, to the best of the Company's knowledge, the Company is not aware of any material default thereunder. To the best of the Company's knowledge, none of the rights or benefits accorded the Company under the Lease will be impaired by the Merger and no consent to the Merger is required from any other party to the Lease, and that after the Merger, the Lease will be and shall remain in full force and effect. (ii) The Company RMED has the right of quiet enjoyment to each parcel of Leased Warehouse Property and the Manufacturing Property. (iiiii) All improvements, fixtures, structures, machinery and equipment used by the Company RMED in carrying on its business are located on the Leased Warehouse Property and the Manufacturing Property. (iviii) The Company RMED has the right to use the Leased Warehouse Property and Manufacturing Property for all of the operations now conducted therefrom and the CompanyRMED, by virtue of the Leaseits ownership, possesses all easements, licenses, rights of way and rights in, to, and over the Property which are necessary for the conduct of the business in the ordinary course. The Leased Warehouse Property, Manufacturing Property and Improvements thereon are adequate and sufficient for all operations now conducted by the CompanyRMED. (viv) Neither the whole nor any portion of any of the Leased Warehouse Property or Manufacturing Property is the subject of a pending condemnation or eminent domain proceeding, and to the best of the Company's knowledge, the Company RMED does not know nor has any grounds to believe that any such condemnation or taking is threatened or contemplated. (viv) None No portion of the Leased Warehouse Property and Manufacturing Property is occupied by any entity or person other than the CompanySeller, nor does any other person or entity have any rights to occupy any portion of the Leased Warehouse Property or the Manufacturing Property, except that certain space which is not exclusive to the Company, is leased to other tenants by the Landlord, none of which, however, interferes with the operations of the Company's business in its ordinary course as shown on Schedule 3.14(c)(vi). (viivi) Except for the Leased Warehouse Property and the Manufacturing Property, the Company RMED neither leases no nor owns any other real property. (viiivii) The CompanyRMED's occupancy of the Leased Warehouse Property and Manufacturing Property is not in material violation of any law or regulation applicable thereto, nor has the Company, to the best of the Company's knowledge, RMED received any notice of any such violation. (ixviii) The Company RMED has not received any notice of any violation of any law, ordinance, regulation, building, zoning or fire code or requiring or calling attention to the need for any work, repairs, construction, alterations or installations with respect to any of the Leased Warehouse Property or the Manufacturing Property, nor has any such notice been posted on any portion of the Leased Warehouse Property or the Manufacturing Property.