Leased Assets. The Leased Assets are held under valid and subsisting Leases, each of which is listed in Schedule D. Each Lease is in full force and effect and without amendment thereto, and the Leases and the Leased Assets are free and clear of all Encumbrances. Except for the Leases, there are no leases, agreements to lease, tenancy arrangements or licences to which the Vendor is a party which have a capitalized value in excess of $1,000. The Vendor has not previously assigned the Leases nor sublet their interest in any of the Leased Assets under the Leases. The Vendor has not released any of the other parties to such leases from the performance of any of their obligations thereunder. The Vendor is not in breach of any of the terms of any Leases, and the Vendor is not aware of any of the other parties to the Leases being in breach of any of the terms of the Leases, and, to the best of the knowledge of the Vendor and ▇▇▇▇▇, no event or condition has occurred which, either immediately or after notice or lapse of time or both, could give rise to the cancellation or termination of any of the Leases. There are no prepaid rents, rent-free periods or outstanding lessor's contributions or obligations for lessee incentives under any of the Leases which consist of subleases under which the Vendor is a sublessor. The Vendor has no knowledge of anything or matter which does or shall give any of the sublessees under any of the subleases any right of abatement, set-off or deduction in respect of the rent payable by the sublessees;
Appears in 2 contracts
Sources: Asset Purchase Agreement (Neptune Society Inc/Fl), Asset Purchase Agreement (Neptune Society Inc/Fl)
Leased Assets. The Leased Assets are held under valid and subsisting Leases, each of which is listed in Schedule D. Each Lease is in full force and effect and without amendment thereto, and the Leases and the Leased Assets are free and clear of all Encumbrances. Except for the Leases, there are no leases, agreements to lease, tenancy arrangements or licences to which the Vendor CSI is a party which have a capitalized value in excess of $1,000. The Vendor CSI has not previously assigned the Leases nor sublet their its interest in any of the Leased Assets under the Leases. The Vendor CSI has not released any of the other parties to such leases from the performance of any of their obligations thereunder. The Vendor CSI is not in breach of any of the terms of any Leases, and the Vendor CSI is not aware of any of the other parties to the Leases being in breach of any of the terms of the Leases, and, to the best of the knowledge of the Vendor and ▇▇▇▇▇▇▇▇ and/or Bethel, no event or condition has occurred which, either immediately or after notice or lapse of time or both, could give rise to the cancellation or termination of any of the Leases. There are no prepaid rents, rent-free periods or outstanding lessor's contributions or obligations for lessee incentives under any of the Leases which consist of subleases under which the Vendor CSI is a sublessor. The Vendor has ▇▇▇▇▇▇▇▇ and/or Bethel have no knowledge of anything or matter which does or shall give any of the sublessees under any of the subleases any right of abatement, set-off or deduction in respect of the rent payable by the sublessees;
Appears in 1 contract