Common use of Title and Condition of Properties Clause in Contracts

Title and Condition of Properties. (a) The Seller owns no real estate related to the Business other than the property located at 0000 Xxxxxx Xxxxxx Xxxxx, Xxxxxxxxxxx, Xxxxxxxxx 00000. (b) The Seller holds no leasehold interest in real estate related to the Business. (c) Except as set forth on Schedule 3.8(c), Seller owns good and marketable title, free and clear of all liens, charges, security interests, encumbrances, encroachments and claims of others, to all of the Purchased Assets, except for leased equipment, for liens of current taxes not yet due and payable (“Permitted Encumbrances”), and all of such personal property is necessary or useful in the conduct of the Business. At the Closing, Seller shall sell, assign, transfer and convey to Purchaser all of the personal property included within the Purchased Assets, free and clear of all liens, security interests, charges, encumbrances and claims of others, other than Permitted Encumbrances. (d) Seller’s leased premises, machinery, equipment and other tangible assets are in good condition and repair in all material respects, have been maintained in accordance with normal industry standards and are usable in the ordinary course of business. Seller owns or leases under valid leases all buildings, machinery, equipment and other tangible assets necessary for the conduct of the Business. (e) The Purchased Assets and the Excluded Assets, together with the services and arrangements described on the Contracts Schedule, comprise all assets and services required for the continued conduct of the Business by the Purchaser as now being conducted. The Purchased Assets and the Excluded Assets, taken as a whole, constitute all the properties and assets relating to or used or held for use in connection with the Business during the past twelve months (except supplies utilized, cash disposed of, accounts receivable collected, prepaid expenses realized, Contracts fully performed, properties or assets replaced by equivalent or superior properties or assets, in each case in the ordinary course of business). There are no assets or properties used in the operation of the Business and owned by any Person other than the Seller that will not be leased or licensed to the Purchaser under valid, current leases or license arrangements, except as set forth in this Agreement. The Purchased Assets are in all material respects adequate for the purposes for which such assets are currently used or are held for use, and are in reasonably good repair and operating condition (subject to normal wear and tear) and there are no facts or conditions affecting the Purchased Assets which could, individually or in the aggregate, interfere in any material respect with the use, occupancy or operation thereof as currently used, occupied or operated, or their adequacy for such use.

Title and Condition of Properties. (a1) The Seller owns no real estate related to the Business other than the property located at 0000 Xxxxxx Xxxxxx Xxxxx, Xxxxxxxxxxx, Xxxxxxxxx 00000estate. (b2) The leases described on the "Leases Schedule" attached hereto as Schedule 1.1(d) (individually, a "Lease" and, collectively, the "Leases") are in full force and effect, and Seller (as indicated on such schedule) holds a valid and existing leasehold interest under each of the Leases for the term set forth on the Leases Schedule. The Leases constitute all of the leases under which Seller holds no a leasehold interest in real estate related estate. Seller has delivered to Purchaser complete and accurate copies of each of the Leases, and none of the Leases has been modified in any respect, except to the Businessextent that such modifications are disclosed by the copies delivered to Purchaser. Seller is not in default under any of the Leases, and no other party to the Leases has the right to terminate, accelerate performance under or otherwise modify any of the Leases, including upon the giving of notice or the passage of time. To the best of Seller's knowledge, no third party to any Lease is in default under such Lease. At the Closing, Seller shall assign and legally transfer to Purchaser its leasehold interest in the Leases, subject to obtaining the consent of the lessor under each of the Leases if required by the terms of the applicable Lease or governing law, free and clear of all liens, security interests, charges and other encumbrances. (c3) Except as set forth on Schedule 3.8(c)The real estate demised by the Leases constitutes all of the real estate used or occupied by Seller, and no other real estate is necessary for the conduct of the Business in the manner conducted by Seller. (4) Seller owns good and marketable title, free and clear of all liens, charges, security interests, encumbrances, encroachments and claims of others, to all of the Purchased Assetspersonal property and assets shown on the Latest Balance Sheet or acquired thereafter in the ordinary course of business (or otherwise with Purchaser's approval) or located on any of its premises, except for leased equipment, for liens of current taxes not yet due and payable (“Permitted Encumbrances”), which shall be pro-rated) and all of such personal property is necessary or useful in liens disclosed on the conduct of the BusinessLatest Balance Sheet. At the Closing, Seller shall sell, assign, transfer and convey to Purchaser by customary xxxx of sale good and marketable title to all of the personal property included within the Purchased Assets, free and clear of all liens, security interests, charges, encumbrances and claims of others, other than Permitted Encumbrancesliens for current taxes not yet due and payable. (d5) Seller’s leased premises's buildings, machinery, equipment and other tangible assets used in the operation of the Business (including, without limitation, the equipment listed in Schedule 1.1(e)) are in good operating condition and repair in all material respectsrepair, have been maintained in accordance with normal industry standards and are usable in the ordinary course of business. Seller owns or leases under valid leases all buildings, machinery, equipment and other tangible assets necessary for the conduct of the BusinessBusiness in the manner conducted by Seller. (e6) The Purchased Assets and the Excluded AssetsSeller is not aware of any violation of any applicable zoning, together with the services and arrangements described on the Contracts Schedulebuilding, comprise all assets and services required for the continued conduct of the Business by the Purchaser as now being conducted. The Purchased Assets and the Excluded Assetsfire or other ordinance or other law, taken as a whole, constitute all the properties and assets regulation or requirement relating to or used or held for use in connection with the Business during the past twelve months (except supplies utilized, cash disposed of, accounts receivable collected, prepaid expenses realized, Contracts fully performed, properties or assets replaced by equivalent or superior properties or assets, in each case in the ordinary course of business). There are no assets or properties used in the operation of the Business and owned by any Person other than the Seller that will not be of its leased or licensed to the Purchaser under validoccupied properties, current leases including, without limitation, any applicable environmental protection or license arrangementsoccupational health and safety laws and regulations ("OSHA") except for any non-OSHA violations that, except as set forth in this Agreement. The Purchased Assets are in all material respects adequate for the purposes for which such assets are currently used or are held for use, and are in reasonably good repair and operating condition (subject to normal wear and tear) and there are no facts or conditions affecting the Purchased Assets which could, individually or in the aggregate, interfere in would not have a material adverse effect on the Business. Within the three (3) years prior to the date of this Agreement, neither Seller nor Parent has received any material written notice of any such violation (except with respect to any non-OSHA violation that no longer exists) or any condemnation proceeding with the use, occupancy respect to any properties used or operation thereof as currently used, occupied or operated, or their adequacy for such useleased by Seller.

Title and Condition of Properties. (a) The Seller owns no real estate related to the Business other than the property located at 0000 Xxxxxx Xxxxxx Xxxxx, Xxxxxxxxxxx, Xxxxxxxxx 00000estate. (b) The lease described on the "Leases Schedule" attached hereto as Schedule 3.8(b) (the "Lease") is in full force and effect, and Seller (as indicated on such schedule) holds a valid and existing leasehold interest under such lease for the term set forth on the Leases Schedule. The lease described on the Leases Schedule constitutes the only lease under which Seller holds no a leasehold interest in real estate. Seller has delivered to CBI complete and accurate copies of the lease described on the Leases Schedule, and such lease has not been modified in any respect, except to the extent that such modifications are disclosed by the copies delivered to CBI. Seller is not in default under such lease, and no other party to such lease has the right to terminate, accelerate performance under or otherwise modify such lease, including upon the giving of notice or the passage of time. To the best of Seller's knowledge, no third party to such lease is in default under such lease. (c) The real estate related to demised by the lease described on the Leases Schedule constitutes all of the real estate presently owned, used or occupied by Seller in the conduct of the Business. (cd) Except as set forth on Schedule 3.8(c), Seller owns good and marketable title, free and clear of all liens, charges, security interests, encumbrances, encroachments and claims of others, to all of the Purchased Assets, except for leased equipment, for liens of current taxes not yet due and payable (“which shall be prorated) and liens disclosed on the Latest Balance Sheet ("Permitted Encumbrances”"), and all of such personal property is necessary or useful in the conduct of the BusinessBusiness as presently conducted by Seller. At the Closing, Seller shall sell, assign, transfer and convey to Purchaser CBI by customary Bill xx Sale good and marketable title to all of the personal property included within the Purchased Assets, free and clear of all liens, security interests, charges, encumbrances and claims of others, other than Permitted Encumbrances. (de) Seller’s leased premises's buildings, machinery, equipment and other tangible assets are in good condition and repair in all material respectsrespects (other than normal wear and tear), have been maintained in accordance with normal industry standards and are usable in the ordinary course of business. Seller owns or leases under valid leases all buildings, machinery, equipment and other tangible assets necessary for the conduct of the BusinessBusiness as presently conducted. (ef) Since the commencement of Seller's tenancy under the Lease Agreement, Seller has received no notice of any violation of any applicable zoning, building, fire or other ordinance or other law, regulation or requirement relating to the operation of the leased real property that is the subject of the Lease Agreement and Seller has not within three years prior to the date of this Agreement received any such notice with respect to owned or leased personal property included in the Purchased Assets, including, without limitation, applicable environmental protection and occupational health and safety laws and regulations or any condemnation proceeding with respect to any properties owned, used or leased by Seller. (g) The Purchased Assets and the Excluded Assets, together with the services and arrangements described on the Contracts Schedule, comprise all assets and services required for the continued conduct of the Business by the Purchaser Purchasers as now being conducted. The Purchased Assets and the Excluded Assets, taken as a whole, constitute all the properties and assets relating to or used or held for use in connection with the Business during the past twelve months (except supplies utilized, cash disposed of, accounts receivable collected, prepaid expenses realized, Contracts fully performed, properties or assets replaced by equivalent or superior properties or assets, in each case in the ordinary course of business). There Except for the Excluded Assets, there are no assets or properties used in the operation of the Business and owned by any Person person other than the Seller that will are not be leased or licensed to included in the Purchaser under valid, current leases or license arrangements, except as set forth in this AgreementPurchased Assets. The Purchased Assets are in all material respects adequate for the purposes for which such assets are currently used or are held for use, and are in reasonably good repair and operating condition (subject to normal wear and tear) and there are no facts or conditions affecting the Purchased Assets which could, individually or in the aggregate, interfere in any material respect with the use, occupancy or operation thereof as currently used, occupied or operated, or their adequacy for such use.

Title and Condition of Properties. (a) The Leases are in --------------------------------- full force and effect, and Seller owns no (as indicated on such schedule) holds a valid and existing leasehold interest in the Leases described on Schedule 1.1(b). The --------------- Leases constitute all of the leases under which Seller holds a leasehold interest in real estate related or personal property. Seller has delivered to Buyer complete and accurate copies of each of the Leases and none of the Leases have been modified in any respect, except to the Business extent that such modifications are disclosed by the copies delivered to Buyer. Seller is not in default under any of such Leases, and no other than party to such Leases has the property located at 0000 Xxxxxx Xxxxxx Xxxxxright to terminate, Xxxxxxxxxxxaccelerate performance under or otherwise modify any of such Leases, Xxxxxxxxx 00000including upon the giving of notice or passage of time. To Seller's knowledge, no third party to any such Lease is in default under such Lease. (b) The Seller holds no leasehold interest in real estate related to the Business. (c) Except as set forth disclosed on Schedule 3.8(c5.18(b), Seller owns good and ---------------- marketable title, free and clear of all liens, charges, security interests, encumbrances, encroachments encumbrances and claims of others, to all of the Purchased Assetspersonal property and assets used in the Business or located on any of their premises, except for leased equipment, for liens of current taxes not yet due and payable (“Permitted Encumbrances”)payable, and all of such personal except for property is necessary or useful in and assets leased under the conduct of the BusinessLeases. At the Closing, Seller shall sell, assign, transfer convey good and convey marketable title to Purchaser all of the personal property included within the Purchased Assets, free and clear of all liens, security interests, charges, encumbrances and claims of others, other than Permitted Encumbrancesliens for current taxes not yet due and payable, and except for property and assets leased under the Leases. (dc) Seller’s leased premises, 's machinery, equipment and other tangible assets are in good condition and repair repair, ordinary wear and tear excepted, in all material respects, have been maintained in accordance with normal industry standards respects and are usable in the ordinary course of business. Seller owns or leases under valid leases all buildings, machinery, equipment and other tangible assets necessary for the conduct of its Business as currently conducted by it. All vehicles, tractors, and other equipment owned or leased by Seller are in material compliance with all regulations issued by any federal or state governmental authority. (d) Seller is not in material violation of any applicable zoning, building, fire or other ordinance or other law, regulation or requirement relating to the Businessoperation of owned or leased properties, including, without limitation, applicable environmental protection and occupational health and safety laws and regulations. Within the five years prior to the date of this Agreement, Seller has not received any notice of any such violation or any condemnation proceeding with respect to any properties owned, used or leased by it, except as has been previously disclosed to Buyer in writing. (e) The Purchased Assets and represent all of the Excluded Assets, together with assets utilized by Seller in the services and arrangements described on the Contracts Schedule, comprise all assets and services required for the continued conduct of the Business by the Purchaser as now being conducted. The Purchased Assets and the Excluded Assets, taken as a whole, constitute all the properties and assets relating to or used or held for use in connection with the Business during the past twelve months (except supplies utilized, cash disposed of, accounts receivable collected, prepaid expenses realized, Contracts fully performed, properties or assets replaced by equivalent or superior properties or assets, in each case in the ordinary course of business). There are no assets or properties used in the operation of the Business and owned by any Person other than the those retained by Seller that will not be leased or licensed to the Purchaser under valid, current leases or license arrangements, except as set forth in this Agreement. The Purchased Assets are in all material respects adequate for the purposes for which such assets are currently used or are held for use, and are in reasonably good repair and operating condition (subject to normal wear and tear) and there are no facts or conditions affecting the Purchased Assets which could, individually or in the aggregate, interfere in any material respect with the use, occupancy or operation thereof as currently used, occupied or operated, or their adequacy for such useS)1.3 hereof).

Title and Condition of Properties. (a) The Seller owns no real estate related to the Business other than the property located at 0000 Xxxxxx Xxxxxx Xxxxx, Xxxxxxxxxxx, Xxxxxxxxx 00000estate. (b) The leases described on the "Leases Schedule" attached hereto as Schedule 3.8(b) (the "Lease") are in full force and effect, and Seller (as indicated on such schedule) holds a valid and existing leasehold interest under such leases for the term set forth in such leases. The leases described on the Leases Schedule constitute the only leases under which Seller holds no a leasehold interest in real estate related estate. Seller has delivered to Purchasers complete and accurate copies of the leases described on the Leases Schedule, and such leases have not been modified in any respect, except to the Businessextent that such modifications are disclosed by the copies delivered to Purchasers. Seller is not in default under such leases, and no other party to such leases has the right currently to terminate, accelerate performance under or otherwise modify such lease, including upon the giving of notice or the passage of time. To the Seller's knowledge, no third party to such leases is in default under such lease. (c) Except The real estate demised by the leases described on the Leases Schedule constitutes all of the real estate owned, used or occupied by Seller, and no other real estate is necessary for the conduct of the Business as set forth on Schedule 3.8(c), currently conducted. (d) Seller owns good and marketable title, free and clear of all liens, charges, security interests, encumbrances, encroachments and claims of others, to all of the Purchased Assets, except for leased equipment, for liens of current taxes not yet due and payable (“which shall be pro-rated) and liens disclosed on the Latest Balance Sheet ("Permitted Encumbrances”"), and all of such personal property as is necessary or useful in the conduct of the BusinessBusiness as currently conducted. At the Closing, Seller shall sell, assign, transfer and convey to Purchaser Purchasers by customary Xxxx of Sale good and marketable title to all of the personal property included within the Purchased Assets, free and clear of all liens, security interests, charges, encumbrances and claims of others, other than Permitted Encumbrances. (de) Seller’s 's leased premises, machinery, equipment and other tangible assets are in good condition and repair in all material respects, have been maintained in accordance with normal industry standards wear and tear excepted, and are usable in the ordinary course of business. Seller owns or leases under valid leases all buildings, machinery, equipment and other tangible assets necessary for the conduct of the BusinessBusiness as currently conducted. (ef) Seller has received no notice of any violation of any applicable zoning, building, fire or other ordinance or other law, regulation or requirement relating to the operation of owned or leased properties, including, without limitation, applicable environmental protection and occupational health and safety laws and regulations. Within the three years prior to the date of this Agreement, Seller has received no notice of any such violation or any condemnation proceeding with respect to any properties owned, used or leased by Seller. (g) The Purchased Assets and the Excluded Assets, together with the services and arrangements described on the Contracts Schedule, comprise all assets and services required for the continued conduct of the Business by the Purchaser as now being conducted. The Purchased Assets and Except for the Excluded Assets, the Purchased Assets, taken as a whole, constitute all the properties and assets relating to or used or held for use in connection with the Business during the past twelve months (except supplies utilized, cash disposed of, accounts receivable collected, prepaid expenses realized, Contracts contracts fully performed, properties or assets replaced by equivalent or superior properties or assets, in each case in the ordinary course of business). There Except for the Excluded Assets, there are no assets or properties used in the operation of the Business and owned by any Person other than the Seller that will not be leased or licensed to the Purchaser Purchasers under valid, current leases or license arrangements, except as set forth in this Agreement. The Purchased Assets are in all material respects adequate for the purposes for which such assets are currently used or are held for use, and are in reasonably good repair and operating condition (subject to normal wear and tear) and to the Seller's knowledge, there are no facts or conditions affecting the Purchased Assets which could, individually or in the aggregate, be reasonably expected to interfere in any material respect with the use, occupancy or operation thereof as currently used, occupied or operated, or their adequacy for such use.

Title and Condition of Properties. (a) The Seller owns Sellers own no real estate related to the Business other than the property located at 0000 Xxxxxx Xxxxxx Xxxxx, Xxxxxxxxxxx, Xxxxxxxxx 00000estate. (b) The Seller holds no lease described on the "Leases Schedule" attached hereto as Schedule 3.8(b) (the "Lease") is in full force and effect, and Sellers (as indicated on such schedule) hold a valid and existing leasehold interest under such lease for the term set forth on the Leases Schedule. The lease described on the Leases Schedule constitutes the only lease under which Sellers hold a leasehold interest in real estate related estate. Sellers have delivered to Purchaser complete and accurate copies of the lease described on the Leases Schedule, and such lease has not been modified in any respect, except to the Businessextent that such modifications are disclosed by the copies delivered to Purchaser. To Sellers' knowledge, no Seller is in default under such lease, and no other party to such lease has the right to terminate, accelerate performance under or otherwise modify such lease, including upon the giving of notice or the passage of time. To the Seller's knowledge, no third party to such lease is in default under such lease. (c) Except as set forth The real estate demised by the lease described on the Leases Schedule 3.8(c)constitutes all of the real estate owned, Seller owns used or occupied by Sellers. (d) Sellers own good and marketable title, free and clear of all liens, charges, security interests, encumbrances, encroachments and claims of others, to all of the Purchased Assets, except for leased equipment, for liens of current taxes not yet due and payable (“which shall be pro-rated), liens disclosed on the Latest Balance Sheet, and liens in favor of Purchaser ("Permitted Encumbrances”"), and all of such personal property is necessary or useful in the conduct of the Business. At the Closing, Seller Sellers shall sell, assign, transfer and convey to Purchaser by customary Bill xx Sale good and marketable title to all of the personal property included within the Purchased Assets, free and clear of all liens, security interests, charges, encumbrances and claims of others, other than Permitted Encumbrances. (de) Seller’s leased premises, machinery, Sellers' equipment and other tangible assets are in good condition and repair in all material respects, have been maintained in accordance with normal industry standards and are usable in the ordinary course of business. Seller owns Sellers own or leases lease under valid leases all buildings, machinery, equipment and other tangible assets necessary for the conduct of the Business. (ef) Since the commencement of Sellers' tenancy under the Office Lease on March 1, 1997, Sellers have received no notice of any violation of any applicable zoning, building, fire or other ordinance or other law, regulation or requirement relating to the operation of leased real property and Sellers have not within three years prior to the date of this Agreement received any such notice with respect to owned or leased personal property, including, without limitation, applicable environmental protection and occupational health and safety laws and regulations or any condemnation proceeding with respect to any properties owned, used or leased by Sellers. (g) The Purchased Assets and the Excluded Assets, together with the services and arrangements described on the Contracts Schedule, comprise all assets and services required for the continued conduct of the Business by the Purchaser as now being conducted. The Except for those certain licenses and permits with respect to the Major Shareholder described on Schedule 1.2 hereto, the Purchased Assets and the Excluded Assets, taken as a whole, constitute all the properties and assets relating to or used or held for use in connection with the Business during the past twelve months (except supplies utilized, cash disposed of, accounts receivable collected, prepaid expenses realized, Contracts fully performed, properties or assets replaced by equivalent or superior properties or assets, in each case and other dispositions in the ordinary course of businessbusiness and except for certain of the Excluded Assets). There Other than individual insurance licenses listed on Schedule 3.10 hereto, there are no assets or properties used in the operation of the Business and owned by any Person other than the Seller Sellers that will not be leased or licensed to the Purchaser under valid, current leases or license arrangements, except as set forth in this Agreement. The Purchased Assets are in all material respects adequate for the purposes for which such assets are currently used or are held for use, and are in reasonably good repair and operating condition (subject to normal wear and tear) and there are no facts or conditions affecting the Purchased Assets which could, individually or in the aggregate, interfere in any material respect with the use, occupancy or operation thereof as currently used, occupied or operated, or their adequacy for such use).

Title and Condition of Properties. (a) The Seller owns no real estate related to the Business other than the property located at 0000 Xxxxxx Xxxxxx Xxxxx, Xxxxxxxxxxx, Xxxxxxxxx 00000estate. (b) To Seller's knowledge, the lease occupancy agreement described on the "Leases Schedule" attached hereto as Schedule 3.7 (the "Lease") is in full force and effect, and Rich holds a valid and existing leasehold interest under such agreement for the term and under the conditions set forth in such lease. The Lease described on the Leases Schedule constitutes the only lease under which Seller or Rich holds no a leasehold interest in real estate related to the Business. Seller has delivered to Purchasers complete and accurate copies of the Lease described on the Leases Schedule, and such Lease has not been modified in any respect, except to the extent that such modifications are disclosed by the copies delivered to Purchasers. To Seller's knowledge, Seller is not in default under such Lease, and to Seller's knowledge, no third party to the Lease is in default thereunder. (c) Except as set forth The real estate demised by the Lease described on the Leases Schedule 3.8(c)constitutes all of the real estate owned, used or occupied by Seller. (d) Seller owns good and marketable title, free and clear of all liens, charges, security interests, encumbrances, encroachments and claims of others, to all of the Purchased Assets, except for leased equipment, for liens of current real property taxes, personal property taxes or ad valorem taxes not yet due and payable (“which shall be pro-rated) and liens disclosed on the Latest Balance Sheet ("Permitted Encumbrances”"), and all of such personal property is necessary or useful in the conduct of the Business. At the Closing, Seller shall sell, assign, transfer and convey to Purchaser Purchasers by customary Xxxx of Sale good and marketable title to all of the personal property included within the Purchased Assets, free and clear of all liens, security interests, charges, encumbrances and claims of others, other than Permitted Encumbrances. (de) Seller’s 's leased premises, machinery, equipment and other tangible assets are in good condition and repair in all material respects, normal wear and tear excepted, have been maintained in accordance with normal industry standards and are usable in the ordinary course of business. Seller owns or leases under valid leases all buildings, machinery, equipment and other tangible assets necessary for the conduct of the Business. (ef) Seller is not in violation of any applicable zoning, building, fire or other ordinance or other law, regulation or requirement relating to the operation of owned or leased properties, including, without limitation, applicable environmental protection and occupational health and safety laws and regulations, except for such violations which would not have a Seller Material Adverse Effect. Within the three years prior to the date of this Agreement, Seller has received no notice of any such violation or any condemnation proceeding with respect to any properties owned, used or leased by Seller. (g) The Purchased Assets and the Excluded Assets, together with the services and arrangements described on the Contracts Schedule, comprise all assets and services required for the continued conduct of the Business by the Purchaser Purchasers as now being conducted. The Purchased Assets and Except for the Excluded Assets, taken as a whole, constitute all the properties and assets relating to or used or held for use in connection with the Business during the past twelve months (except supplies utilized, cash disposed of, accounts receivable collected, prepaid expenses realized, Contracts fully performed, properties or assets replaced by equivalent or superior properties or assets, in each case in the ordinary course of business). There there are no assets or properties used in the operation of the Business and owned by any Person other than the Seller that will not be leased or licensed to the Purchaser Purchasers under valid, current leases or license arrangements, except as set forth in this Agreement. The Purchased Assets are in all material respects adequate for the purposes for which such assets are currently used or are held for use, and are in reasonably good repair and operating condition (subject to normal wear and tear) and there are no facts or conditions affecting the Purchased Assets which could, individually or in the aggregate, interfere in any material respect with the use, occupancy or operation thereof as currently used, occupied or operated, or their adequacy for such use.