Common use of Current Use Clause in Contracts

Current Use. The current use of the Real Property does not violate in any material respect any instrument of record or agreement affecting such Real Property. There is no violation of any covenant, condition, restriction, easement, agreement or order of any governmental authority having jurisdiction over any of the Real Property that affects such real property or the use or occupancy thereof (except for Permitted Liens). No damage or destruction has occurred with respect to any of the Real Property that, individually or in the aggregate, has had or resulted in, or is reasonably likely to have or result in, a Material Adverse Effect on the Company.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Hk Merger Corp), Agreement and Plan of Merger (Happy Kids Inc), Agreement and Plan of Merger (Happy Kids Inc)

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Current Use. The current use of the Owned Real Property does not violate in any material respect any instrument of record or agreement affecting such Owned Real Property. There is no violation of any covenant, condition, restriction, easement, agreement or order of any governmental authority having jurisdiction over any of the Owned Real Property that affects such real property or the use or occupancy thereof (except for Permitted Liens). No damage or destruction has occurred with respect to any of the Owned Real Property that, individually or in the aggregate, has had or resulted in, or is reasonably likely to will have or result in, a Material Adverse Effect on the Company.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Integrated Circuit Systems Inc), Agreement and Plan of Merger (Microclock Inc)

Current Use. The current use and operation of the Real Property real property in the conduct of the Company's business does not violate in any material respect any instrument of record or agreement affecting such Real Propertythe real property. There is no violation of any covenant, condition, restriction, easement, agreement easement or order of any governmental authority Governmental Authority having jurisdiction over such property or of any of other person entitled to enforce the Real Property that affects such same affecting the real property or the use or occupancy thereof (except for Permitted Liens)hereof. No damage or destruction has occurred with respect to any of the Real Property that, individually or in the aggregate, has had or resulted in, or is reasonably likely to have or result in, a Material Adverse Effect on the Companyreal property.

Appears in 2 contracts

Samples: Agreement of Purchase and Sale of Stock (Caribiner International Inc), Agreement of Purchase and Sale of Stock (Caribiner International Inc)

Current Use. The current use of the Owned Real Property does not violate in any material respect any instrument of record or agreement affecting such Owned Real Property. There is no violation of any covenant, condition, restriction, easement, agreement or order of any governmental authority having jurisdiction over any of the Owned Real Property that affects such real property or the use or occupancy thereof (except for Permitted Liens)thereof. No damage or destruction has occurred with respect to any of the Owned Real Property that, individually or in the aggregate, has had or resulted in, or is reasonably likely to will have or result in, a Material Adverse Effect significant adverse effect on the operation of the Company's business.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Ameritruck Distribution Corp), Stock Purchase Agreement (Linc Net Inc)

Current Use. The current use or occupancy of the Real Property does not violate in any material respect any instrument of record or agreement affecting such Real Property. There is no violation of Property or any covenant, condition, restriction, easement, agreement or order of any governmental authority having jurisdiction over any of the Real Property that affects such real property or the use or occupancy thereof (except for Permitted Liens)Property. No damage or destruction has occurred with respect to any of the Real Property that, individually or in the aggregate, has had or resulted in, or is reasonably likely to will have or result in, a Material Adverse Effect material adverse effect on the operation of the Company's business.

Appears in 2 contracts

Samples: Purchase Agreement (Regent Assisted Living Inc), Purchase Agreement (Prudential Private Equity Investors Iii Lp)

Current Use. The current use of the Owned Real Property does not violate in any material respect any instrument of record or agreement affecting such Owned Real Property. There is no violation of any covenant, condition, restriction, easement, agreement or order of any governmental authority having jurisdiction over any of the Owned Real Property that affects such real property or the use or occupancy thereof (except for Permitted Liens). No damage or destruction has occurred with respect to any of the Real Property that, individually or in the aggregate, has had or resulted in, or is reasonably likely to have or result in, a Material Adverse Effect on the Companythereof.

Appears in 1 contract

Samples: Asset Purchase Agreement (SCP Pool Corp)

Current Use. The current use and operation of the Real Property in the conduct of its business does not violate in any material respect any instrument of record or agreement affecting such the Real Property. There is no material violation of any covenant, condition, restriction, easement, easement or agreement or order of any governmental authority having jurisdiction over any of Governmental Authority that affects the Real Property that affects such real property or the ownership, operation, use or occupancy thereof (except for Permitted Liens)thereof. No material damage or destruction has occurred with respect to any of the Real Property that, individually or in the aggregate, has had or resulted in, or is would reasonably likely be expected to have or result in, in a Material Adverse Effect on the CompanyEffect.

Appears in 1 contract

Samples: Stock Purchase and Contribution Agreement (Yahoo Inc)

Current Use. The current use and operation of the Owned Real Property does not violate in any material respect any instrument of record or agreement affecting such the Owned Real Property. There is no violation of any covenant, condition, restriction, easement, agreement easement or order of any governmental authority Governmental Authority having jurisdiction over such property or of any of other Person entitled to enforce the same affecting the Owned Real Property that affects such real property or the use or occupancy thereof (except for Permitted Liens)thereof. No damage or destruction has occurred with respect to any of the Owned Real Property thatsince January 1, individually or 2009, except as set forth in the aggregate, has had or resulted in, or is reasonably likely to have or result in, a Material Adverse Effect on the CompanySchedule 3.1.20.

Appears in 1 contract

Samples: Asset Purchase Agreement (MGP Ingredients Inc)

Current Use. The current use of the Real Property does not ----------- violate in any material respect any instrument of record or agreement affecting such Real Property. There is no violation of any covenant, condition, restriction, easement, agreement or order of any governmental authority having jurisdiction over any of the Real Property that adversely affects such real property or the use or occupancy thereof (except for Permitted Liens)thereof. No Since the date of the Most Recent Financial Statements, no damage or destruction has occurred with respect to any of the Real Property that, individually or in the aggregate, has had or resulted in, or is reasonably likely to will have or result in, a Material Adverse Effect significant adverse effect on the operation of the Company's business.

Appears in 1 contract

Samples: Stock Purchase Agreement (Hines Holdings Inc)

Current Use. The current use and operation of the Real Property in the conduct of the Business does not violate in any material respect any instrument of record or agreement affecting such the Real Property. There is was no violation of any covenant, condition, restriction, easement, easement or agreement or order of any governmental authority having jurisdiction over any of Governmental Authority that affects the Real Property that affects such real property or the ownership, operation, use or occupancy thereof (except for Permitted Liens)thereof. No damage or destruction has occurred with respect to any of the Real Property that, individually or in the aggregate, has had or resulted in, or is could reasonably likely be expected to have or result in, in a Material Adverse Effect on the CompanyEffect.

Appears in 1 contract

Samples: Share Exchange Agreement (NeoStem, Inc.)

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Current Use. The current use of the Real Property does not violate in any material respect any instrument of record or agreement affecting such Real Property. There is no violation of any covenant, condition, restriction, easement, agreement or order of any governmental authority having jurisdiction over any of the Real Property that affects such real property or the use or occupancy thereof (except for Permitted Liens)thereof. No damage or destruction has occurred with respect to any of the Real Property that, individually or in the aggregate, has had or resulted in, or is reasonably likely to will have or result in, a Material Adverse Effect on the CompanyEffect.

Appears in 1 contract

Samples: Asset Purchase Agreement (M & M Properties Inc)

Current Use. The current use of the Real Property does not ----------- violate in any material respect any instrument of record or agreement affecting such Real Property. There is no violation of any covenant, condition, restriction, easement, agreement or order of any governmental authority having jurisdiction over any of the Real Property that affects such real property or the use or occupancy thereof (except for Permitted Liens)thereof. No damage or destruction has occurred with respect to any of the Real Property that, individually or in the aggregate, has had or resulted in, or is reasonably likely to will have or result in, a Material Adverse Effect on the CompanyEffect.

Appears in 1 contract

Samples: Asset Purchase Agreement (Albany Ladder Co Inc)

Current Use. The current use and operation of the Real Property in the ----------- conduct of the Business does not violate in any material respect any instrument of record or agreement affecting such the Real Property. There is no material violation by the Company or its Subsidiaries, or to the knowledge of the Company, any other Person, of any covenant, condition, restriction, easement, easement or agreement or order of any governmental authority having jurisdiction over any of Governmental Authority that affects the Real Property that affects such real property or the ownership, operation, use or occupancy thereof (except for Permitted Liens). No damage or destruction has occurred with respect to any of the Real Property that, individually or in the aggregate, has had or resulted in, or is reasonably likely to have or result in, a Material Adverse Effect on the Companythereof.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Dynatech Corp)

Current Use. The current use or occupancy of the Real Property does not violate in any material respect any instrument of record or agreement affecting such Real Property. There is no violation of Property or any covenant, condition, restriction, easement, agreement or order of any governmental authority having jurisdiction over any of the Real Property that affects such real property or the use or occupancy thereof (except for Permitted Liens)Property. No damage or destruction has occurred with respect to any of the Real Property that, individually or in the aggregate, has had or resulted in, or is reasonably likely to will have or result in, a Material Adverse Effect significant adverse effect on the operation of the Company's business.

Appears in 1 contract

Samples: Stock Purchase Agreement (Carrols Corp)

Current Use. The current use and operation of the Real Property in the conduct of the Business does not violate in any material respect any instrument of record or agreement affecting such the Real Property. There is no violation of any covenant, condition, restriction, easement, easement or agreement or order of any governmental authority having jurisdiction over any of Governmental Authority that affects the Real Property that affects such real property or the ownership, operation, use or occupancy thereof (except for Permitted Liens)thereof. No material damage or destruction has occurred with respect to any of the Real Property that, individually or in the aggregate, has had or resulted in, or is reasonably likely to have or result in, a Material Adverse Effect on the CompanyProperty.

Appears in 1 contract

Samples: Asset Purchase Agreement (Wpi Group Inc)

Current Use. The current use and operation of the Owned Real Property in the conduct of the Business does not violate in any material respect any instrument of record or agreement affecting such the Owned Real Property. There is no violation of any covenant, condition, restriction, easement, agreement easement or order of any governmental authority Governmental Authority having jurisdiction over such property or of any of other Person entitled to enforce the same affecting the Owned Real Property that affects such real property or the use or occupancy thereof (except for Permitted Liens)that would have a Material Adverse Effect. No material damage or destruction destruction, other than normal wear and tear, has occurred with respect to any of the Owned Real Property thatsince January 1, individually or in the aggregate, has had or resulted in, or is reasonably likely to have or result in, a Material Adverse Effect on the Company2002.

Appears in 1 contract

Samples: Asset Purchase Agreement (Metaldyne Corp)

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