Common use of Improvements, Fixtures and Equipment Clause in Contracts

Improvements, Fixtures and Equipment. The Facilities and the ------------------------------------ improvements thereon, including without limitation all Equipment (including all fixtures) and other tangible assets owned, leased or used by the Company at the Facilities are (i) insured to the extent and in a manner customary in the industry, (ii) structurally sound with no known material defects, (iii) in good operating condition and repair, subject to ordinary wear and tear, (iv) not in need of maintenance or repair except for ordinary routine maintenance and repair, the cost of which would not be material, (v) sufficient for the operation of the Business as presently conducted and (vi) in conformity, in all material respects, with all applicable laws, ordinances, orders, regulations and other requirements relating thereto currently in effect. None of the improvements is subject to any commitment or other arrangement for their sale or use by any Affiliate of the Company or third parties.

Improvements, Fixtures and Equipment. The Facilities and the ------------------------------------ improvements thereon, including without limitation all Equipment (including all fixtures) and other tangible assets owned, leased or used by the Company Central or EL at the Facilities are (i) adequately insured to as of the extent and in a manner customary in the industryClosing Date, (ii) structurally sound with no known material defects, (iii) in good operating condition and repair, subject to ordinary wear and tear, (iv) not in need of maintenance or repair except for ordinary routine maintenance and repair, the cost of which would not be material, (v) sufficient for the operation of the Business as presently conducted conducted, and (vi) to the best of Central's and EL's knowledge, as applicable, in conformity, in all material respects, with all applicable laws, ordinances, orders, regulations and other requirements relating thereto currently in effect. None of the improvements is subject to any commitment or other arrangement for their sale or use by any Affiliate of the Company Sellers or third parties, except as set forth in Schedule 4.5.1.

Improvements, Fixtures and Equipment. The Facilities and the ------------------------------------ improvements thereon, including without limitation all Equipment (including all fixtures) and other tangible assets owned, leased or used by the Company Seller at the Facilities are (i) insured to the extent and in a manner customary in the industry, (ii) structurally sound with no known material defects, (iii) in good operating condition and repair, subject to ordinary wear and tear, (iv) not in need of maintenance or repair except for ordinary routine maintenance and repair, the cost of which would not be material, (v) sufficient for the operation of the Business as presently conducted conducted, and (vi) to the best of Seller's knowledge, in conformity, in all material respects, with all applicable laws, ordinances, orders, regulations and other requirements relating thereto currently in effect. None of the improvements is subject to any commitment or other arrangement for their sale or use by any Affiliate of the Company Seller or third parties.

Improvements, Fixtures and Equipment. The Facilities and the ------------------------------------ improvements thereon, including without limitation all Equipment (including all fixtures) and other tangible assets owned, leased or used by the Company at the Facilities are (i) insured to the extent and in a manner customary in the industry, (ii) structurally sound with no known material defects, (iii) in good operating condition and repair, subject to ordinary wear and tear, (iv) not in need of maintenance or repair except for ordinary routine maintenance and repair, the cost of which would not be material, (v) sufficient for the operation of the Business as presently conducted and (vi) in conformity, in all material respects, conformity with all applicable laws, ordinances, orders, regulations and other requirements relating thereto currently in effecteffect except for violations which in the aggregate would not have a Material Adverse Effect on the Company or the Business. None of the improvements is subject to any commitment or other arrangement for their sale or use by any Affiliate of the Company or third parties.