Condition of Tangible Property. Except as set forth in the Disclosure Letter, all real and personal property, equipment and other tangible property included in the Assets is in good repair and operating condition (normal wear and tear excepted).
Condition of Tangible Property. All tangible personal property of Vitran and each Vitran Subsidiary is in generally good repair and is operational and usable in the manner in which it is currently being utilized, subject to normal wear and tear and technical obsolescence, repair or replacement, except for such property whose failure to be in such condition does not have a Material Adverse Effect.
Condition of Tangible Property. Except as set forth on Part 11(b) of the Schedule, to the Indemnitors' knowledge, with the exception of inventory, all tangible properties owned or used by the Corporation and Subsidiaries, including, without limitation, all buildings, offices, theaters and other structures owned or occupied by the Corporation and Subsidiaries and all machinery, equipment, tools, fixtures and motor vehicles owned or used by them, are in good operating condition, reasonable wear and tear excepted, reasonably suitable for the purposes for which they are being utilized, and sufficient for all current operations of the Corporation and the Subsidiaries.
Condition of Tangible Property. The equipment, and other tangible property of DIEGOTEL are, to the best of WALLXXX'X xxxwledge, in good condition and repair, and are adequate for the uses to which such property is put in the conduct of the BUSINESS. WALLXXX xxx no knowledge of any defects in any of such tangible property.
Condition of Tangible Property. Each asset or piece of tangible property comprising the Contributed Assets (a) is in good repair and good operating condition, ordinary wear and tear excepted, (b) is suitable for immediate use in the ordinary course of business, (c) is free from apparent defects, and (d) is not in need of repair or replacement other than as part of routine maintenance in the ordinary course of business.
Condition of Tangible Property. Except as would not be Material to the Company or the Business, the Tangible Property is (a) in operating condition and repair and free from Material defects (ordinary wear and tear excepted), and (b) adequate for the uses to which the Tangible Property is being used at Closing. None of the Tangible Property is in need of maintenance or repairs except for ordinary, routine maintenance and repairs or repairs that would not be Material to the Company or the Business. Prior to Closing, the Seller and/or the Company completed all ordinary, routine maintenance and repairs in accordance with the Company’s historical maintenance schedule. The Tangible Property is sufficient for the continued conduct of the Business after the Closing in substantially the same manner as conducted by the Company prior to the Closing.
Condition of Tangible Property. The Personal Property is in ------------------------------ -- good condition and repair, ordinary wear and tear excepted, and is in material compliance with all applicable laws and regulations.
Condition of Tangible Property. The equipment, and other tangible property of CORPORATION are, to the best of SELLER' knowledge, in good condition and repair, and are adequate for the uses to which such property is put in the conduct of the BUSINESS. SELLER have no knowledge of any defects in any of such tangible property.
Condition of Tangible Property. The Tangible Property is in such condition and repair, reasonable wear and tear excepted, as is suitable (measured by industry standards) for the purposes for which it is presently used in the Business.
Condition of Tangible Property. All tangible property to be transferred to the Buyer and the Buying Subsidiaries by the Seller and the Selling Subsidiaries pursuant to this Agreement, whether owned or leased, is being transferred "as is," "where is," and "with all faults." EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH IN SECTION 5.19, NEITHER THE SELLER NOR THE SELLING SUBSIDIARIES MAKE ANY WARRANTY WITH RESPECT TO THE VALUE, CONDITION OR USE OF ANY OF THE TANGIBLE PROPERTY INCLUDED IN THE TRANSFERRED ASSETS, WHETHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
