Common use of Title to and Conditions of Properties Clause in Contracts

Title to and Conditions of Properties. (i) Each of the Company and its Subsidiaries has good title to, or valid leasehold interests in, all its properties and assets purported to be owned by it in the Company SEC Documents, except for such as are no longer used or useful in the conduct of its businesses or as have been disposed of in the ordinary course of business and except for minor defects in title, easements, restrictive covenants and similar encumbrances or impediments that, in the aggregate do not and will not materially interfere with its ability to conduct its business as currently conducted. Except as set forth on Section 3.1(z) of the Company Disclosure Schedule, all such assets and properties, other than assets and properties in which the Company or any of the Subsidiaries has leasehold interests, are free and clear of all Liens, other than those set forth in the Company SEC Documents and except for minor Liens, that, in the aggregate, do not and will not materially interfere with the ability of the Company or any of its Subsidiaries to conduct business as currently conducted or as reasonably expected to be conducted. (ii) Each of the Company and each of its Subsidiaries has complied in all material respects with the terms of all leases to which it is a party and under which it is in occupancy, and all such leases are in full force and effect. Except as set forth in Section 3.1(z) of the Company Disclosure Schedules, each of the Company and each of its Subsidiaries enjoys peaceful and undisturbed possession under all such leases. (iii) Except as set forth on Section 3.1(z) of the Company Disclosure Schedule, to the Knowledge of the Company, the buildings and premises of the Company and each of its Subsidiaries that are used in its business are in reasonably good operating condition and in a state of reasonably good maintenance and repair, normal wear and tear excepted, and are reasonably adequate and suitable for the purpose for which they are currently being used, and have access to adequate utility services necessary for the conduct of the business. All items of operating equipment of the Company and its Subsidiaries are in reasonably good operating condition and in a state of reasonable maintenance and repair, ordinary wear and tear excepted.

Title to and Conditions of Properties. (i) Each of the Company and its Subsidiaries has good title to, or valid leasehold interests in, all its properties and assets purported to be owned by it in the Company SEC Documents, except for such as are no longer used or useful in the conduct of its businesses or as have been disposed of in the ordinary course of business and except for minor defects in title, easements, restrictive covenants and similar encumbrances or impediments that, in the aggregate do not and will not materially interfere with its ability to conduct its business as currently conducted. Except as set forth on Section SECTION 3.1(z) of the Company Disclosure Schedule, all such assets and properties, other than assets and properties in which the Company or any of the Subsidiaries has leasehold interests, are free and clear of all Liens, other than those set forth in the Company SEC Documents and except for minor Liens, that, in the aggregate, do not and will not materially interfere with the ability of the Company or any of its Subsidiaries to conduct business as currently conducted or as reasonably expected to be conducted. (ii) Each of the Company and each of its Subsidiaries has complied in all material respects with the terms of all leases to which it is a party and under which it is in occupancy, and all such leases are in full force and effect. Except as set forth in Section SECTION 3.1(z) of the Company Disclosure Schedules, each of the Company and each of its Subsidiaries enjoys peaceful and undisturbed possession under all such leases. (iii) Except as set forth on Section SECTION 3.1(z) of the Company Disclosure Schedule, to the Knowledge of the Company, the buildings and premises of the Company and each of its Subsidiaries that are used in its business are in reasonably good operating condition and in a state of reasonably good maintenance and repair, normal wear and tear excepted, and are reasonably adequate and suitable for the purpose for which they are currently being used, and have access to adequate utility services necessary for the conduct of the business. All items of operating equipment of the Company and its Subsidiaries are in reasonably good operating condition and in a state of reasonable maintenance and repair, ordinary wear and tear excepted.

Title to and Conditions of Properties. (i) Each of the Company and its Subsidiaries subsidiaries has good title to, or valid leasehold interests in, all its properties and assets purported to be owned by it in the Company SEC Documents, except for such as are no longer used or useful in the conduct of its businesses or as have been disposed of in the ordinary course of business and except for minor defects in title, easements, restrictive covenants and similar encumbrances or impediments that, in the aggregate aggregate, do not and will not materially interfere with its ability to conduct its business as currently conducted. Except as set forth on Section 3.1(z3.1(r)(i) of the Company Disclosure ScheduleLetter, all such assets and properties, other than assets and properties in which the Company or any of the Subsidiaries subsidiaries has leasehold interests, are free and clear of all Liens, other than those set forth in the Company SEC Documents and except for minor Liens, that, in the aggregate, do not and will not materially interfere with the ability of the Company or any of its Subsidiaries subsidiaries to conduct business as currently conducted or as reasonably expected to be conducted. (ii) Each Except as would not have a Material Adverse Effect on the Company and its subsidiaries, taken as a whole, each of the Company and each of its Subsidiaries subsidiaries has complied in all material respects with the terms of all leases to which it is a party and under which it is in occupancy, and all such leases are in full force and effect. Except as set forth in Section 3.1(z) of the Company Disclosure Schedules, each Each of the Company and each of its Subsidiaries subsidiaries enjoys peaceful and undisturbed possession under all such leases. (iii) Except as set forth on Section 3.1(z3.1(r)(iii) of the Company Disclosure ScheduleLetter, to the Knowledge knowledge of the Company, the buildings and premises of the Company and each of its Subsidiaries subsidiaries that are used in its business are in reasonably good operating condition and in a state of reasonably good maintenance and repair, normal wear and tear excepted, and are reasonably adequate and suitable for the purpose for which they are currently being used, and have access to adequate utility services necessary for the conduct of the business. All items of operating equipment of the Company and its Subsidiaries subsidiaries are in reasonably good operating condition and in a state of reasonable maintenance and repair, ordinary wear and tear excepted. Except as set forth in Section 3.1(r)(iii) of the Company Disclosure Letter, no material tenant repairs are required with respect to any leased stores other than normal and routine repairs consistent with past practice. To the knowledge of the Company, there are no zoning law changes or similar restrictions that would materially and adversely impact any of the stores operated by the Company or any of its subsidiaries.

Title to and Conditions of Properties. (i) Each of the Company and its Subsidiaries subsidiaries has good title to, or valid leasehold interests in, all its properties and assets purported to be owned by it in the Company SEC Documents, except for such as are no longer used or useful in the conduct of its businesses or as have been disposed of in the ordinary course of business and except for minor defects in title, easements, restrictive covenants and similar encumbrances or impediments that, in the aggregate aggregate, do not and will not materially interfere with its ability to conduct its business as currently conducted. Except as set forth on Section 3.1(z3.1(r)(i) of the Company Disclosure ScheduleLetter, all such ----------------- assets and properties, other than assets and properties in which the Company or any of the Subsidiaries subsidiaries has leasehold interests, are free and clear of all Liens, other than those set forth in the Company SEC Documents and except for minor Liens, that, in the aggregate, do not and will not materially interfere with the ability of the Company or any of its Subsidiaries subsidiaries to conduct business as currently conducted or as reasonably expected to be conducted. (ii) Each Except as would not have a Material Adverse Effect on the Company and its subsidiaries, taken as a whole, each of the Company and each of its Subsidiaries subsidiaries has complied in all material respects with the terms of all leases to which it is a party and under which it is in occupancy, and all such leases are in full force and effect. Except as set forth in Section 3.1(z) of the Company Disclosure Schedules, each Each of the Company and each of its Subsidiaries subsidiaries enjoys peaceful and undisturbed possession under all such leases. (iii) Except as set forth on Section 3.1(z3.1(r)(iii) of the Company ------------------- Disclosure ScheduleLetter, to the Knowledge knowledge of the Company, the buildings and premises of the Company and each of its Subsidiaries subsidiaries that are used in its business are in reasonably good operating condition and in a state of reasonably good maintenance and repair, normal wear and tear excepted, and are reasonably adequate and suitable for the purpose for which they are currently being used, and have access to adequate utility services necessary for the conduct of the business. All items of operating equipment of the Company and its Subsidiaries subsidiaries are in reasonably good operating condition and in a state of reasonable maintenance and repair, ordinary wear and tear excepted. Except as set forth in Section 3.1(r)(iii) of the Company ------------------- Disclosure Letter, no material tenant repairs are required with respect to any leased stores other than normal and routine repairs consistent with past practice. To the knowledge of the Company, there are no zoning law changes or similar restrictions that would materially and adversely impact any of the stores operated by the Company or any of its subsidiaries.

Title to and Conditions of Properties. (i) Each of the Company and its Subsidiaries subsidiaries has good title to, or valid leasehold interests in, all its properties and assets purported to be owned by it in the Company SEC Documentsit, except for such as are no longer used or useful in the conduct of its businesses or as have been disposed of in the ordinary course of business and an except for minor defects in title, easements, restrictive covenants and similar encumbrances or impediments that, in the aggregate do not and will not materially interfere with its ability to conduct its business as currently conducted. Except as set forth on Section 3.1(z3.1(v) of the Company -------------- Disclosure Schedule, all such assets and properties, other than assets and properties in which the Company or any of the Subsidiaries subsidiaries has leasehold interests, are free and clear of all Liens, other than those set forth in the Company SEC Documents and except for minor Liens, that, in the aggregate, do not and will not materially interfere with the ability of the Company or any of its Subsidiaries subsidiaries to conduct business as currently conducted or as reasonably expected to be conducted. (ii) Each of the Company and each of its Subsidiaries subsidiaries has complied in all material respects with the terms of all leases to which it is a party and under which it is in occupancy, and all such leases are in full force and effect. Except as set forth in Section 3.1(z) of the Company Disclosure Schedules, each Each of the Company and each of its Subsidiaries subsidiaries enjoys peaceful and undisturbed possession under all such leases. (iii) Except as set forth on Section 3.1(z3.1(v) of the Company -------------- Disclosure Schedule, to the Knowledge knowledge of the Company, the buildings and premises of the Company and each of its Subsidiaries subsidiaries that are used in its business are in reasonably good operating condition and in a state of reasonably good maintenance and repair, normal wear and tear excepted, and are reasonably adequate and suitable for the purpose for which they are currently being used, and have access to adequate utility services necessary for the conduct of the business. All items of operating equipment of the Company and its Subsidiaries subsidiaries are in reasonably good operating condition and in a state of reasonable maintenance and repair, ordinary wear and tear excepted.