The CK Properties Sample Clauses

The CK Properties. (a) Exhibit A hereto accurately lists the commonly known addresses of the CK Properties. (b) Except for the Dealer Agreements and other CK Assumed Contracts or as set forth in the Title Commitments, none of the CK Fee Properties is subject to any right of first refusal, option to purchase or other Contract which could reasonably be expected to impair Circle K's ability to sell or assign any of the CK Properties to CrossAmerica or which would bind CrossAmerica after the Closing. (c) With respect to each lease by Circle K of a CK Leased Property, (i) such lease creates a valid leasehold interest in the premises purported to be leased thereunder, (ii) all rent and other required payments have been timely paid by Circle K, (iii) Circle K is in possession and quite enjoyment of such premises (subject to the applicable Dealer Agreement and other CK Assumed Contracts), (iv) there is no material default under such lease either by Circle K or, to the Knowledge of Circle K, by any other party thereto, and (v) subject to any notice or required consent of the lessor, Circle K has the right to assign such lease to CrossAmerica hereunder and, upon such assignment, CrossAmerica will have all rights of the lessee thereunder for its own use and benefit for the remaining term of such lease and any renewals thereof. (d) To the Knowledge of Circle K, (i) each CK Property complies in all material respects with all health, building, fire, safety and other applicable codes, ordinances and requirements, (ii) each CK Property is in compliance in all material respects with all applicable zoning requirements and the use of such Property is a permitted or legally established use under applicable zoning requirements, (iii) none of the CK Properties is subject to any condemnation or eminent domain proceeding and (iv) each CK Property is accessible through public or private easements or rights-of-way abutting or crossing such Property. (e) Except as set forth in the Title Commitments, there are no outstanding mechanics' liens, or rights to claim a mechanics' lien in favor of any materialman, laborer, or any other person in connection with labor or materials furnished to Circle K or performed on any of the CK Properties by Circle K that will not have been fully paid for on or prior to the applicable Closing Date. (f) To Circle K's Knowledge, the environmental records posted to the Datasite or otherwise delivered or made available to CrossAmerica pursuant to the ERA do not omit any record...