Leasehold Interests Sample Clauses
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Leasehold Interests. Each lease or agreement to which the Company is a party under which it is a lessee of any property, real or personal, is a valid and subsisting agreement without any default of the Company thereunder and, to the best of the Company's knowledge, without any default thereunder of any other party thereto. No event has occurred and is continuing which, with due notice or lapse of time or both, would constitute a default or event of default by the Company under any such lease or agreement or, to the best of the Company's knowledge, by any other party thereto. The Company's possession of such property has not been disturbed and, to the best of the Company's knowledge, no claim has been asserted against the Company adverse to its rights in such leasehold interests.
Leasehold Interests. Seller has previously delivered to Buyer a true, correct and complete copy of each of the Leases, as amended to date. Each of the Leases is in full force and effect. With respect to each of the Leases, there exists no default by Seller or, to the knowledge of Seller, by any lessor or third party thereunder, that has affected or could reasonably be expected to materially affect the rights and privileges thereunder of Seller or upon assignment to it, the Company. No party to any Lease has given Seller written or, to the knowledge of Seller, oral notice of or made any claim with respect to any breach or default with respect EXECUTION COPY to any such Lease, except such as have been cured or waived. Seller has not entered into any sublease, license or other agreement granting to any person or entity any right to the use, occupancy or enjoyment of, or the right to purchase, any LA Store or any portion thereof. To the knowledge of Seller, the current use and operation of the LA Stores is in material compliance with all applicable laws (including, without limitation, laws relating to zoning and land use and to the protection of human health and the environment) and public and private covenants and restrictions, and Seller has not received any notice of material non-compliance with any applicable laws, nor, to the knowledge of Seller, is there any valid basis for such a notice. All material certificates of occupancy, permits and licenses of all governmental authorities having jurisdiction over the LA Stores required to have been issued to enable the LA Stores to be lawfully occupied and used for all of the purposes for which the LA Stores are currently occupied and used have been lawfully issued and are in full force and effect. To the knowledge of Seller, there exists no restrictive covenant, ordinance or land use restriction that could reasonably be expected to materially detract from the use or value of the LA Stores and the Leases. Seller has not received any written notification of any pending, threatened or contemplated condemnation proceeding affecting the LA Stores or any portion thereof. For the purposes of this Agreement, "the knowledge of Seller" shall refer to actual knowledge of any of the individuals listed in Schedule 2.07.
Leasehold Interests. 6 SECTION 2.10. Insurance......................................................................6 SECTION 2.11. Taxes..........................................................................7
Leasehold Interests. With respect to any ground lease to which a Mortgaged Property may be subject: (i) the Mortgagor is the owner of a valid and subsisting leasehold interest under such ground lease: (ii) such ground lease is in full force and effect, unmodified and not supplemented by any writing or otherwise; (iii) all rent, additional rent and other charges reserved therein have been fully paid to the extent payable as of the Closing Date; (iv) the Mortgagor enjoys the quiet and peaceful possession of the leasehold estate, subject to any sublease; (v) the Mortgagor is not in default under any of the terms of such ground lease, and there are no circumstances which, with the passage of time or the giving of notice, or both, would result in a default under such ground lease; (vi) the lessor under such ground lease is not in default under any of the terms or provisions of such ground lease on the part of the lessor to be observed or performed; (vii) the lessor under such ground lease has satisfied any repair or construction obligations due as of the Closing Date pursuant to the terms of such ground lease; and (viii) the execution, delivery and performance of the Mortgage do not require the consent (other than those consents which have been obtained and are in full force and effect) under, and will not contravene any provision of or cause a default under, such ground lease
Leasehold Interests. (a) Subject to all of the terms and conditions of this Agreement, and that certain Fiber Optic Access and Purchase Agreement entered into by Colonial and PTI contemporaneously herewith (the "Fiber Optic Access and Purchase Agreement"), Colonial agrees to lease to PTI the right to use portions of the currently existing Colonial Rights-of-Way and Related Facilities for the uses and purposes described herein (each such portion leased to PTI pursuant to the terms hereof being a "Leasehold Interest"). The Leasehold Interests to be granted hereby include the non-exclusive use of a strip of land five (5) feet on either side of the centerline of the telecommunication conduits and appurtenances to be installed hereunder within the designated Colonial Rights-of-Way, or such larger area as may be reasonably necessary for the construction and operation of the "Telecommunications Network" (as defined in Section 1.5 hereof), as approved by Colonial in accordance with Article III hereof; provided that, if necessary along a particular "Segment" (as hereinafter defined), PTI may request that Colonial attempt to acquire additional right-of-way at PTI's expense, to be included as part of the Colonial Rights-of-Way for the purposes hereof.
(b) In the event that Colonial expands the Colonial System beyond its current boundaries as of the date hereof, and should PTI desire to utilize such expansion, then Colonial and PTI will negotiate in good faith to extend the Leasehold Interests to be granted hereunder to include the additional Colonial Rights-of-Way applicable to such extensions of the Colonial System and to determine the compensation to be received by Colonial therefor.
(c) PTI's rights in the Colonial Rights-of-Way and Related Facilities hereunder consist solely of Leasehold Interests subject to the terms of this Agreement and PTI does not acquire hereby any other or additional rights in or to any portion of the Colonial Rights-of-Way or any Related Facilities. PTI further acknowledges that Colonial hereby reserves such access and other rights as are necessary to enable Colonial to reasonably commercialize the "Colonial Conduit" (as defined in the Fiber Optic Access and Purchase Agreement), including, without limitation, full rights of access with respect to any portion of the Colonial Rights-of-Way otherwise leased to PTI in order to allow Colonial (or its assignee(s) or licensee(s) to maintain, operate, repair, replace and upgrade the Colonial Conduit as necessary or a...
Leasehold Interests. Each lease or agreement to which the Company or Bart▇▇▇, ▇▇spectively, is a party under which it is a lessee of any property, real or personal (a list of all such leases being attached hereto as Schedule 2.9), is a valid and subsisting agreement without any material default of the Company or Bart▇▇▇, ▇▇spectively, thereunder and, to the knowledge of the Company, without any material default thereunder of any other party thereto. No event has occurred and is continuing which, with due notice or lapse of time or both, would constitute a default or event of default by the Company or Bart▇▇▇, ▇▇spectively, under any such lease or agreement or, to the knowledge of the Company, by any other party thereto.
Leasehold Interests. Each lease or agreement to which the Company is a party under which it is a lessee of any property, real or personal, is a valid and subsisting agreement, and duly authorized and entered into. No event has occurred and is continuing which, with due notice or lapse of time or both, would constitute a default or event of default by the Company under any such lease or agreement or, to the Company’s knowledge, by any other party thereto. The Company’s possession of such property has not been disturbed and, to the Company’s knowledge, no claim has been asserted against the Company adverse to its rights in such leasehold interests.
Leasehold Interests. 19 Section 3.11 Taxes................................................................................19 Section 3.12
Leasehold Interests. With respect to any ground lease to which a Mortgaged Property may be subject: (i) the Mortgagor is the owner of a valid and subsisting leasehold interest under such ground lease: (ii) such ground lease is in full force and effect; (iii) all rent, additional rent and other charges reserved therein have been fully paid to the extent payable as of the Closing Date; (iv) the Mortgagor enjoys the quiet and peaceful possession of the leasehold estate, subject to any sublease; (v) the Mortgagor is not in default under any of the terms of such ground lease, and there are no circumstances which, with the passage of time or the giving of notice, or both, would result in a default under such ground lease; (vi) the lessor under such ground lease is not in default under any of the terms or provisions of such ground lease on the part of the lessor to be observed or performed and (vii) the term of such lease does not terminate earlier than 5 years following the maturity date of the Mortgage Note.
Leasehold Interests. (A) List of leases under which Mortgagor is lessor; (B) List of leases where Mortgagor is lessee.
