Store Leases Sample Clauses

Store Leases. The Company shall not, and shall not permit any Subsidiary to, acquire the use of or possession of any real property to be used as a retail rental store location under any lease or similar arrangement which has a term (excluding renewal terms exercisable at the discretion of the lessee) that is over seven calendar years in length; provided, however, that the foregoing shall not restrict nor operate to prevent the Company from entering into leases or similar arrangements for such real property each with a term (excluding renewal terms exercisable at the discretion of the lessee) not exceeding 15 calendar years in length if, after giving effect thereto, the aggregate amount of fixed rentals and other consideration payable by the Company and its Subsidiaries during any calendar year by the Company and its Subsidiaries under all such leases and similar arrangements with terms (excluding such renewal terms) in excess of seven calendar years would not exceed 15% of the aggregate amount of fixed rentals and other consideration payable by the Company under all such leases and similar arrangements of whatever term."

Store Leases. Borrower covenants and agrees: promptly to perform and/or observe in all material respects all of the covenants and agreements required to be performed and/or observed by the lessee under each Store Lease and do all things necessary to preserve and to keep unimpaired its rights thereunder; promptly to notify Agent of any alleged default by any Person under each Store Lease and promptly to deliver to Agent a copy of each notice of default and other material notice to be provided or received in respect of any Store Lease; and to use commercially reasonable efforts to enforce the performance and observance of all of the covenants and agreements required to be performed and/or observed by the lessor under each Store Lease unless, in each case failure to do so would not result in a Material Adverse Effect.

Store Leases. The Buyer shall have received Assignment and Assumption Agreements with respect to each of the Category 1 Leases in the form attached hereto as Exhibit D, effective as of the Closing Date, each duly executed by the applicable Seller.

Store Leases. Seller has delivered or made available to Buyer a true and complete copy of the lease (and each amendment or supplement thereto) covering each Store (each such store, a "Store Premises") under which Seller is the lessee (each such lease, as so amended or supplemented, a "Store Lease"), and has described each Store Lease on Schedule 3.5.1 by listing the name of the current lessee, the name of the current lessor (by developer and by lessor entity) and the location of the Store Premises covered thereby, the date of the Store Lease (and each amendment or supplement thereto), and the amount of any security deposit held by any lessor pursuant to such Store Lease, if any. Except as disclosed on Schedule 3.5.1: (a) Seller has provided Buyer with a true and complete copy of each Store Lease (including each amendment or supplement thereto), and Seller does not have any rights in or to the related Store Premises under any instrument or document or under any agreement, written or oral, other than such Store Lease; (b) Seller is the sole lessee under each Store Lease, and Seller has not granted or permitted nor does there exist any sublease, license or other right of occupancy by any third party with respect to any Store Premises; (c) each Store Lease is in full force and effect, and has not been assigned (as collateral or otherwise), modified, supplemented or amended; (d) Seller has not received notice of nor to the Best Knowledge of Seller is there any breach or default by the lessee or any event or condition which, upon the giving of notice, passage of time, or both, would constitute such a breach or default, under any Store Lease, and Seller has not given notice of nor to the Best Knowledge of Seller is there any breach of default by the lessor or any event or condition which, upon the giving of notice, passage of time, or both, would constitute such a breach or default, under any Store Lease; (e) Seller does not have notice of nor to the Best Knowledge of Seller is there any event or occurrence in the nature of a casualty or condemnation which affects any of the Store Premises (or any building or structure in which a Store Premises is located) to such an extent so as to entitle the lessor or the lessee under the applicable Store Lease to terminate such Store Lease; (f) Seller has timely and properly exercised the renewal options under the Store Leases listed on Schedule 3.5.1(f) annexed hereto, which renewal options were required to be exercised prior to the date ...

Store Leases. For those Real Property Leases for Stores for which Parent has provided a guaranty to the landlord, Parent agrees to continue such guaranty in full force and effect if necessary to secure the assignment of or sublease under the lease to Purchaser; PROVIDED, HOWEVER, that to the extent permitted under the guaranty, Parent may revoke any guaranty prior to Purchaser's notification of any renewal of any lease that the Purchaser has elected to renew as assignee or sublessee. Parent, Seller and Purchaser each agree to use commercially reasonable efforts prior to the Closing to remove Parent and Seller from the leases to be assigned or sublet to Purchaser at the Closing on terms to Purchaser no less favorable than the terms to Seller, but if Parent and Seller are not removed at or prior to Closing, Purchaser, Parent and Seller shall each use best efforts to so remove Parent and Seller on such terms after the Closing but no later than applicable Real Property Lease expiration date. Purchaser shall notify Seller if Purchaser intends to renew any applicable Real Property Lease assigned or sublet to Purchaser and as to which Parent has guaranteed payment at least 30 days prior to the renewal. Parent and Seller agree to pay all costs or fees (other than any advance rental payments) requested by any landlord for Seller to assign or sublease any Real Property Lease to Purchaser. As of the Closing, Seller assigns to Purchaser all of Seller's rights and related benefits relating to any representation or warranty in connection with any Environmental Liability or Environmental Claim extended to the Seller by the landlord of each Store that is the subject of a Real Property Lease which is assigned to the Purchaser or as to which the Purchaser is a subleasee or the Store is operated for the benefit of the Purchaser under a Management Agreement. Parent and Seller agree to notify promptly the Purchaser if after the signing of this Agreement the Seller terminates a manager of a Store or inventory control manager at a Store or the Store or inventory control manager shall terminate his or her employment. Upon receipt of the notice, Purchaser shall have the right to elect in its sole discretion to furnish for any period of time at its own costs an employee of Purchaser to perform the duties of the terminated Store or inventory control manager. If Purchaser so elects to furnish an employee, Seller shall use the services of Purchaser's employee to operate the Store in the function of...

Store Leases. All of the Leases (copies of which have been provided to Buyer) are in good standing and are valid, binding and enforceable in accordance with their respective terms. Subject to receipt of all necessary consents to complete the transaction contemplated hereby, all of the Leases will continue to be valid, binding and enforceable immediately after Closing, and, subject to the receipt of all necessary consents to complete the transaction contemplated hereby, there exists no default by Seller or event which with the passage of time or giving of notice or both could result in a default under any of the Leases.

Store Leases. Designs may either lease or own the premises of any Store. Designs is responsible for negotiating the terms of any lease for Store premises, and shall use commercially reasonable efforts to cause any landlord to include in each such lease a provision permitting Designs to assign the lease to Candies without a penalty of any kind, including without limitation an increase in rent. Designs shall promptly notify Candies any time it signs a lease for any Store that does not include such a provision. Designs may elect to enter into any lease for any Store through an Affiliate. Execution by Designs or an Affiliate of Designs of a lease for any Store will not, for purposes of this Agreement, constitute the opening of that Store.

Store Leases. (a) Use its best efforts to cause, within 60 days after the Closing Date (or as soon as possible thereafter), the landlords of the Stores (to the extent they have not already done so) to consent in writing to the assignment of the tenant's interest under the leases of such Stores by HealthRite, Inc. to the Borrower and then to VSC and then (as collateral) to the Agent and its assignee; and provide copies of such written consents to the Agent; and (b) Use its best efforts to cause the landlord under each lease of a Store that is entered into after the Closing Date to consent to the assignment of such lease (as collateral) to the Agent and its assignee.

Store Leases. The Company shall use its reasonable efforts to provide to the Acquiror fully executed copies of each of the leases listed in Item 1 of Schedule 3.10 to the Asset Purchase Agreement (the "Schedule 3.10 Leases") prior to Closing Date, as provided by Section 4.12 of the Asset Purchase Agreement. The Company and the Acquiror acknowledge and agree that fully executed copies of some of the Schedule 3.10 Leases may not be available to be delivered as of the Closing Date due to circumstances beyond the control of the Company. Prior to the Closing Date, the Company shall use its reasonable efforts to provide to the Acquiror unsigned copies of the Schedule 3.10 Leases which the Company believes to be true and correct copies of such Schedule 3.10

Store Leases. Prior to the date of the Closing, the Company shall provide the Acquiror with copies of each of the leases listed in Item 1 of Schedule 3.10.