Common use of Leasehold Properties Clause in Contracts

Leasehold Properties. Where the interest of the PMD Group Company or the relevant member of the Seller’s Group in any Property is leasehold (including without limitation occupational leases) true and accurate details have been completed in the schedule headed “Properties” and other than as reflected in that schedule: 12.5.1 any consent necessary for the grant of the lease under which the PMD Group Company or the relevant member of the Seller’s Group holds its interest in the Property (the Lease) was duly obtained; 12.5.2 there is no material subsisting breach, nor any material non-observance of any covenant, condition or agreement contained in the Lease on the part of either the relevant landlord or the PMD Group Company or the relevant member of the Seller’s Group; 12.5.3 there are no restrictions in the Lease which prevent the Property being used now or in the future for the present use; 12.5.4 the Lease is not subject to any rights of early termination except for non-payment of rent or breach of covenant by the tenant; 12.5.5 no alterations have been made to the Property at the expense of the PMD Group Company or the relevant member of the Seller’s Group without all necessary consents and approvals; 12.5.6 the tenant can, subject to applicable local legislation, assign or underlet the whole of the Property subject only to obtaining the landlord’s consent (such consent not to be unreasonably withheld); 12.5.7 as at the date of this agreement all steps in rent reviews have been duly taken and no rent reviews are outstanding; and 12.5.8 the Lease does not contain any unusual or objectionable covenants or agreements (including without prejudice to the foregoing any rent review provisions which are not in accordance with standard market practice in the relevant jurisdiction) having regard to the use to which the Property is currently put.

Appears in 1 contract

Sources: Sale and Purchase Agreement (Buhrmann Nv)

Leasehold Properties. 8.3.1 Where the interest any of the PMD Properties is leasehold, particulars of each lease vested in a Group Company or are set out in PART 2 of SCHEDULE 3 and in relation to each such lease:- (a) the relevant member landlord and all superior landlords had good title to grant the lease and any superior leases respectively and all abstracts and epitomes of the Seller’s Group in any Property is leasehold (including without limitation occupational leases) true and accurate details all superior titles have been completed in placed with the schedule headed “Properties” and other than as reflected in that schedule:title deeds to the Property to which the lease relates; 12.5.1 (b) any consent necessary for the grant of the lease under has been obtained and a copy of the consent is with the title deeds to the Property to which the PMD Group Company lease relates; (c) where the current annual rent is not the same as the annual rent originally reserved in the lease, evidence of its agreement or determination has been placed with the documents of title and no rent reviews are or should be currently under negotiation or the relevant member subject of a reference to an expert or arbitrator or the Seller’s Group holds its interest in the Property (the Lease) was duly obtainedCourts; 12.5.2 there (d) the receipt for the payment of rent which fell due immediately prior to the date hereof is unqualified; (e) no material subsisting breach, nor any material non-observance notices of breaches of any covenant, condition covenants or agreement conditions contained in the Lease lease have been given or received on the part of either the relevant landlord or the PMD relevant Group Company and the landlord has not refused to accept rent or the relevant member made any complaint of the Seller’s Groupbreach of covenant; 12.5.3 there are (f) no restrictions in the Lease which prevent the Property being used now alterations, improvements or in the future for the present use; 12.5.4 the Lease is not subject to any rights of early termination except for non-payment of rent or breach of covenant by the tenant; 12.5.5 no alterations additions have been made to the Property at to which the expense lease relates since the grant of the PMD Group Company lease or the relevant member in respect of the Seller’s Group without all such alterations, improvements or additions made all necessary consents and approvalsapprovals have first been obtained where required; 12.5.6 the tenant can(g) sections 24 to 28, subject to applicable local legislation, assign or underlet the whole of the Property subject only to obtaining the landlord’s consent (such consent Landlord and ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ have not to be unreasonably withheld); 12.5.7 as at the date of this agreement all steps in rent reviews have been duly taken and no rent reviews are outstandingexcluded; and 12.5.8 the Lease does not contain any unusual (h) no surety has been released either expressly or objectionable covenants or agreements (including without prejudice to the foregoing any rent review provisions which are not in accordance with standard market practice in the relevant jurisdiction) having regard to the use to which the Property is currently putby implication.

Appears in 1 contract

Sources: Umbrella Agreement (Cooper Companies Inc)

Leasehold Properties. Where the interest of the PMD Group Company or the relevant member of the Seller’s Group in any Property is leasehold (including without limitation occupational leases) true the details of the date, parties, premises and accurate details term have been completed in the schedule headed “Properties” Fifth Schedule and:- (a) The Company has paid the rent and other than the last demands for rent (or receipts if issued) were unqualified. (b) So far as reflected in that schedule: 12.5.1 any consent necessary for the grant of the lease under which the PMD Group Company or the relevant member of the Seller’s Group holds its interest in the Property (the Lease) was duly obtained; 12.5.2 Warrantors are aware, there is are no material subsisting breach, nor any material non-observance breaches of any covenant, covenant or condition or agreement contained in the Lease on the part of either the relevant landlord or the PMD Group Company and no landlord has refused to accept rent or the relevant member of the Seller’s Groupmade any complaint or objection; 12.5.3 there are (c) (UK Property only) no restrictions in the Lease which prevent the Property being used now or in the future for the present use; 12.5.4 the Lease is not subject to any rights of early termination except for non-payment of rent or breach of covenant by the tenant; 12.5.5 no structural alterations have been made to the exterior of the Property at the expense of the PMD Group Company or without landlord's consents and approvals and all other alterations to the Property have been made in accordance with the terms of the relevant member of the Seller’s Group without Lease and with all necessary consents and approvals; 12.5.6 approvals and do not have to be reinstated at the tenant can, subject to applicable local legislation, assign or underlet the whole expiry of the term. (d) (UK Property subject only to obtaining the landlord’s consent (such consent not to be unreasonably withheld); 12.5.7 as at the date of this agreement only) all steps in rent reviews have been duly taken and no rent reviews are outstanding; andor should be currently under negotiation or the subject of a reference to any expert or arbitrator of the Courts; 12.5.8 (e) (UK Property only) the Lease does not contain a covenant which requires the tenant to offer to surrender the same before or as a pre- condition of an assignment or underletting nor does it contain requirements to be satisfied on a change of ownership of the share capital or control of the tenant; (f) (US Property only) a full and complete lease together with all amendments thereto and any unusual or objectionable covenants or agreements (including without prejudice related documents have been supplied to the foregoing any rent review provisions which are not in accordance with standard market practice in the relevant jurisdiction) having regard to the use to which the Property is currently putPurchaser and WAM!NET.

Appears in 1 contract

Sources: Sale and Purchase Agreement (Wam Net Inc)