Certain Leases. Schedule 4.6 lists all leases to which Lessor is a party in respect of the Business ("Scheduled Leases"). Lessor has delivered to Lessee true and correct copies of all Scheduled Leases and all related amendments, supplements, modifications and related documents (the "Scheduled Lease Documents"). Except as set forth in Schedule 4.6, the Scheduled Lease Documents are unmodified and in full force and effect, and there are no other agreements, written or oral, between Lessor and any third parties claiming an interest in Lessor's interest in the Scheduled Leases or otherwise relating to Lessor's use and occupancy of any leased property. All such Scheduled Leases which Lessee has agreed to assume pursuant to the Assumption Agreement are valid and binding obligations of Lessor, are in full force and effect, and are enforceable against Lessor in accordance with their terms except as such may be limited by bankruptcy and other laws of general applicability affecting sellers' and creditors' rights and general equitable principles; and no event has occurred including, but not limited to, the execution, delivery and performance of this Annex A and the consummation of the transactions contemplated hereby which (whether with or without notice, lapse of time or both) would constitute a default thereunder. Lessor has not received any notice that the other parties to the Scheduled Leases which Lessee has agreed to assume pursuant to the Assumption Agreement are (i) in default under such Leases or (ii) consider Lessor to be in default thereunder. No property leased under any Scheduled Lease which Lessee has agreed to assume pursuant to the Assumption Agreement is, excepted for the Permitted Encumbrances, subject to any lien, encumbrance, easement, right of way, building or use restriction, exception, variance, reservation or limitation as might in any respect interfere with or impair the present and continued use thereof in the usual and normal conduct of the Business.
Certain Leases. None of the Parent, Lessee or any of the Subsidiaries will permit the aggregate payments (excluding any property taxes, insurance or maintenance obligations paid by the Parent, Lessee and the Subsidiaries as additional rent or lease payments) by the Parent, Lessee and the Subsidiaries on a consolidated basis under agreements to rent or lease any real or personal property for a period exceeding 12 months (including any renewal or similar option periods) (other than any leases constituting Capital Leases, Synthetic Leases or, subject to Paragraph (s) above, leases between the Parent and Lessee, between Subsidiaries or between the Parent or Lessee and a Subsidiary), to exceed in any fiscal year of the Parent an amount greater than 3.50% of the Consolidated Net Worth of the Parent and Lessee as of the date of the financial statements then most recently furnished to Lessor and the Participants under Section IV(b)(i).
Certain Leases. The Borrower will not permit the aggregate payments (excluding any property taxes, insurance or maintenance obligations paid by the Borrower and its Subsidiaries as additional rent or lease payments) by the Borrower and its Subsidiaries on a consolidated basis under agreements to rent or lease any real or personal property for a period exceeding 12 months (including any renewal or similar option periods), other than any leases constituting Capital Leases, to exceed $3,000,000 in any fiscal year of the Borrower.
Certain Leases. Buyer shall indemnify Holdings and PHL for and hold them harmless from any Losses incurred by APC, Holdings or PHL after the Closing as a result of the failure to obtain prior to the Closing any required consent to assign the following leases: St. Davids Center Indenture of Lease between Wyeth Laboratories Inc. and American Brokerage Corporation of Philadelphia, dated November 15, 1990; and Office Lease between Magnolia Associates, Ltd. and American Phoenix Corporation, dated August 2, 1995.
Certain Leases. The Borrower will not permit the aggregate rental payments (exclusive of any supplemental or additional rental payments in respect of taxes, maintenance or insurance) under all noncancelable leases (other than Capital Leases) of real and/or personal property having an original term (including any extensions or renewals at the option of the lessee or lessor) of at least one year, to exceed $4,000,000 on a combined basis for the Borrower, its Subsidiaries and the Property Joint Ventures, in any period of 12 consecutive months.
Certain Leases. The Borrower will not permit the aggregate payments (excluding any property taxes, insurance or maintenance obligations paid by the Borrower and its Subsidiaries as additional rent or lease payments) by the Borrower and its Subsidiaries on a consolidated basis under agreements to rent or lease any real or personal property for a period exceeding 12 months (including any renewal or similar option periods), including any leases constituting Capital Leases, to exceed in any fiscal year of the Borrower an amount equal to 2% of the consolidated revenues of the Borrower and its Subsidiaries for the preceding fiscal year.
Certain Leases. Prior to the Closing, Seller shall use its commercially reasonable efforts to cause its Affiliates to enter into the agreements listed in Schedule 4.20 with the Company and/or Company Subsidiaries, which agreements shall be in forms substantially similar to the forms that were previously made available to Investor. Seller shall use its commercially reasonable efforts to cause the applicable landlords under the related master leases to grant any and all consents required in connection therewith, including as a result of the execution of such agreements and/or the completion of the Investment.
Certain Leases. (a) Prior to the Closing, except as otherwise provided in this subsection (a), Seller shall use its reasonable best efforts to obtain the consent of the landlords under the leases specified on Schedule 6.09 (collectively, the "Consent Leases"). The form of consent letter shall be subject to the prior consent of Purchaser, which Purchaser consent shall not be unreasonably withheld or delayed. Seller shall control the process of obtaining consents with respect to the Consent Leases prior to the Closing, however, Seller shall consult with Purchaser prior to soliciting consents with respect to the Consent Leases. If within 10 days after receipt from Seller of the form of consent letter, Purchaser requests in writing to
