Fixtures and Tangible Personal Property. All of the Fixtures and Tangible Personal Property shall be owned by the Seller on the Closing Date, free and clear of all liens, encumbrances and security interests. Except as set forth in Exhibit D attached hereto, none of the Fixtures and Tangible Personal Property required for the operation, repair or maintenance of the Property is leased from or owned by third-parties. Purchaser acknowledges that the composition of the Tangible Personal Property may change in accordance with the provisions of this Agreement and in the ordinary course of business.
Fixtures and Tangible Personal Property. All of Sellers rights and interests in and to all fixtures, furniture, furnishings, fittings, equipment, machinery, apparatus, appliances and other articles of tangible personal property now located on the Project or in the improvements thereon and used in connection with any present or future occupation or operation of all or any part of the Project. The term "PROPERTY" shall not include any of the foregoing: (i) to the extent the same are excluded or reserved to Seller pursuant to the Purchase Contract to which Seller and Purchaser are parties; and (ii) to the extent that the sale or transfer thereof requires consent or approval of any third party, which consent or approval is not obtained by Seller. Nothing herein shall create a transfer or assignment of intellectual property or similar assets of Seller.
Fixtures and Tangible Personal Property. All fixtures, furniture, furnishings, fittings, equipment, cars, trucks, machinery, apparatus, signage, appliances, draperies, art work, carpeting, keys, and other articles of personal property now located on or about the Real Property and used or usable in connection with any part of the Hotel, subject to such depletions, resupplies, substitutions, and replacements as shall occur and be made in the normal course of business, excluding, however: (i) Consumables and Inventory; (ii) Operating Equipment; (iii) equipment subject to Equipment Leases; (iv) property owned or leased by Space Lessees, Manager, guests, employees, or other persons furnishing goods or services to the Hotel (other than Seller, unless denominated as an Excluded Asset); (v) Improvements; and (vi) Excluded Assets.
Fixtures and Tangible Personal Property. All fixtures, furniture, furnishings, fittings, equipment (including laundry equipment), cars, trucks, machinery, apparatus, signage, appliances, draperies, carpeting and other articles of personal property used or useable in connection with the use, operation and maintenance of the Hotel at normal operating levels customarily maintained for the effective economic operation of the Hotel as a "Country Hearth Inn" hotel property, including, without limitation, architectural, engineering and other plans (including "as built" plans) and drawings, the account and business records relating to the operation of the Hotel, telephone numbers for the Hotel, service marks and trademarks relating to the Hotel, all software and data bases (including the disks), ledgers, bank statements, keys and locks and safe combinations, excluding, however: (i) the Consumables; (ii) the Supplies; (iii) equipment and property leased pursuant to the Hotel Contracts; (iv) property owned by guests or other persons furnishing services to the Hotel; (v) the Improvements, (vi) property located at the Hotel and owned by Seller and/or its Affiliates but not used or necessary for the normal operation of the Hotel, and (vii) funds or cash equivalents in Hotel operating accounts or any cash, xxxxx cash or currency physically located at the Hotel on the Closing Date.
Fixtures and Tangible Personal Property. All fixtures, furniture, furnishings, fittings, equipment, cars, trucks, machinery, apparatus, signage, appliances, draperies, art work, carpeting, keys, computer hardware and equipment, and IT hardware systems, reservations terminals (to the extent not licensed to Seller or Manager), building materials, telephones and other communication equipment, copiers, facsimile machines, postal machines, televisions, signs, vacuum cleaners, video equipment and other similar articles of tangible personal property and other articles of tangible personal property now located on the Real Property or used or usable in connection with any part of the Hotel, subject to such depletions, resupplies, substitutions, and replacements as shall occur and be made in the normal course of business but in accordance with present standards excluding, however: (i) Consumables; (ii) Operating Equipment and Supplies; (iii) equipment and property leased pursuant to Hotel Contracts; (iv) property owned by guest(s) or tenants; (v) Excluded Assets; (vi) Improvements; (vii) Inventory; (viii) items bearing the name or logo of Manager or Franchisor that cannot be removed, unless otherwise allowed by Manager or Franchisor; and (ix)
Fixtures and Tangible Personal Property. All of the Fixtures and Tangible Personal Property are owned by Seller (or, as of the Closing Date, will be owned by Seller) free and clear of all liens and encumbrances except for the Permitted Exceptions.
Fixtures and Tangible Personal Property. All fixtures, furniture, furnishings, fittings, equipment, cars, trucks, machinery, apparatus, signage, appliances, draperies, art work, carpeting, keys, and other articles of personal property now located on or about the Real Property and used or usable in connection with any part of the Hotel, subject to such depletions, resupplies, substitutions, and replacements as shall occur and be made in the normal course of business, excluding, however: (i) Consumables and Inventory; (ii) Operating Equipment; (iii) equipment subject to Equipment Leases; (iv) property owned or leased by Space Lessees, Manager, guests, employees, or other persons furnishing goods or services to the Hotel (other than Seller, unless denominated as an Excluded Asset); (v) Improvements; and (vi) Excluded Assets. Franchise Agreement: That certain Conversion License Agreement, dated as of December 14, 2012 by and between Seller and Franchisor, as amended.
Fixtures and Tangible Personal Property. All interests, if any, the Seller may have in fixtures, furniture, furnishings, fittings, equipment, cars, trucks, machinery, apparatus, signage, appliances, draperies, carpeting, and other articles of tangible personal property now located on the Real Property or exclusively used or usable in connection with the operations or any part of the Real Property, subject to such depletions, resupplies, substitutions and replacements as shall occur and be made in the normal course of business expressly excluding, however: (i) equipment and property leased pursuant to Hotel Contracts; (ii) property owned by Purchaser, Tenant or their Affiliates (and those claiming by, through or under any of them); (iii) property owned by third parties furnishing goods or services to the Property; and (iv) Improvements.
Fixtures and Tangible Personal Property. All inventory, machinery, furniture, equipment, and fixtures (including all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) and other property of every kind and nature whatsoever located upon the Land or the Improvements or appurtenant thereto or used in connection with the present or future operation or occupancy of the Land or the Improvements, including all materials intended for construction, reconstruction, refurbishment, renovation, alterations, and repairs to the Property (whether stored or located on or off the Property) (all of the items described in Subsections 1.1(e) through 1.1(m) below are herein sometimes collectively called the "PERSONAL PROPERTY"), including the right, title and interest of Borrower in and to any of the Personal Property that may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by any state or states where any of the Property is located (the "UNIFORM COMMERCIAL CODE") superior in lien to the lien of this Security Instrument, such Personal Property to include, for example, the following: (1) all furniture and furnishings, including carpets, rugs and other floor coverings, draperies, drapery rods and brackets, awnings, window shades, Venetian blinds, curtains, lighting fixtures, desk chairs, stools, pictures, lamps, ash trays, waste baskets, clocks, radios, and all other furniture and furnishings of every kind and nature whatsoever; (2) all cash registers, coin machines, computers, word processing equipment, adding machines, calculators, check protectors, postage meters, desks, chairs, tables, room dividers, filing cabinets, safes, vaults, time clocks, time card machines, and other office furniture, equipment and supplies of every kind and nature whatsoever; (3) all right and interest of the Borrower in and to all equipment leases, personal
Fixtures and Tangible Personal Property does not include (a) equipment leased by Seller and the interest of Seller in any equipment provided to the Property for use, but not owned or leased by Seller, or (b) property owned or leased by any Tenant or guest, employee or other person furnishing goods or services to the Property, or (c) property and equipment owned by Seller, which in the ordinary course of business of the Property is not used exclusively for the business, operation or management of the Property, or (d) the property and equipment, if any, expressly identified in Schedule 1.1.25.
