Leases, Premises. Neither Dourave nor the Subsidiary own any real property. All tangible properties and assets owned or leased by Dourave or the Subsidiary are, except for changes in the ordinary course of business after the Balance Sheet Date, reflected in the Financial Statements. Dourave and the Subsidiary own good and marketable fee, or valid leasehold, title to the real and personal property owned or leased by it, free and clear of all Encumbrances, except (i) as reflected in the Financial Statements, (ii) for Encumbrances created by the lessors thereof and (iii) for Encumbrances related to Taxes not yet due and payable by Dourave or the Subsidiary (none of which Encumbrances impairs the current use or diminishes the value of any material item of property to any material extent). All of the equipment and tangible personal property owned or leased by Dourave or the Subsidiary is in good operating condition and repair and none of such assets is in need of maintenance or repairs except for ordinary, routine maintenance.
Leases, Premises. (a) The Real Estate Lease pursuant to which Seller leases the Colorado Facility is legally valid and binding, is in full force and effect and enforceable by Seller in accordance with their terms, except as enforcement may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws or equitable principles relating to or limiting creditor’s rights generally. There is no existing default or event of default (or event that, with notice or lapse of time or both, would constitute a default or an event of default) under, or material breach by Seller or, to the Knowledge of Seller, by any other party thereto, of the Real Estate Lease for the Colorado Facility. To the Knowledge of Seller, such leased property is and has been maintained in good working condition and repair, subject to normal wear and tear.
Leases, Premises. Section 6.6 of the Disclosure Schedule contains a list of all real property leases, subleases, amendments, options and other leasehold interests to which Periodontix is a party, except for the sublease entered into between Periodontix and Demegen (the "Leases"). Periodontix has made available to Demegen true, correct and complete copies of each Lease. There is no existing material default or event of default (or event which with notice or lapse of time or both would constitute a default or an event of default) under, or material breach by, Periodontix or, to the Knowledge of Periodontix, under or by any other party thereto of, any of the Leases. Periodontix has not made any modification or alteration to any Structure or property subject to any Lease, prior to or after the expiration of such Lease, which was not approved, in writing, by the relevant landlord, or permitted without the consent of the landlord, under the terms of the Lease and which could result in the imposition of any liability, assessment or charge against Periodontix.
Leases, Premises. Section 5.12 of the Disclosure Schedule lists all real property (including mining) leases, subleases, licenses, claims, patents, concessions, amendments, options and other leasehold interests to which Dourave or the Subsidiaries are a party (the “Leases”). All of the Leases are valid and binding, in full force and effect and enforceable by or against Dourave and the Subsidiaries and the other parties thereto in accordance with their terms. No party is in default under any Lease, and no event exists which with notice or lapse of time or both would constitute a default or an event of default thereunder. Such leased properties are not subject to any Encumbrances, encroachments, zoning ordinances, administrative regulations or building or use restrictions which interfere with or impair the present and continued use thereof in the usual and normal conduct of the business of Dourave and the Subsidiaries. STG_331658.1
Leases, Premises. Section 4.21 of the Disclosure Schedule lists all real property leases, subleases, amendments, options, attornments and other leasehold interests to which the Company is a party (the “Leases”). All of the Leases are valid and binding, in full force and effect and enforceable against Seller, with respect to the Spa Business, or the Company and the other parties thereto in accordance with their terms, subject to general principles of equity and laws of general application relating to bankruptcy, insolvency, moratorium or similar laws affecting creditors’ rights generally, regardless of whether considered in a proceeding in equity or at law, except for any failure to be in full force and effect which could reasonably be expected to result in a Material Adverse Effect and expirations after the date hereof in accordance with the terms thereof. Neither the Company nor, to Seller’s Knowledge, any other party thereto is in default under any Lease, and Seller will not be in default under any such Lease at the time it is assigned or otherwise transferred to the Company, in each case, which default could reasonably be expected to result in a Material Adverse Effect. Such leased properties are not subject to any Encumbrances (other than Permitted Encumbrances) that would interfere with or impair the present use thereof in the Ordinary Course of Business of the Company.
Leases, Premises. Section 5.13 of the Tritton Disclosure Schedule lists all real property leases, subleases, amendments, options and other leasehold interests to which Tritton is a party (the “Leases”). All of the Leases are valid and binding, in full force and effect and enforceable against Tritton and the other parties thereto in accordance with their terms, subject to general principles of equity and laws of general application relating to bankruptcy, insolvency, moratorium or similar laws affecting creditors’ rights generally, regardless of whether considered in a Proceeding in equity or at law. No party is in default under any Lease, and no event exists which with notice or lapse of time or both would constitute a default or an event of default thereunder. Such leased properties are not subject to any Encumbrances, encroachments, zoning ordinances, administrative regulations or building or use restrictions which interfere with or impair the present and continued use thereof in the usual and normal conduct of the business of Tritton.
Leases, Premises. 22 4.13 Contracts and Commitments.........................................................22 4.14 Litigation, Proceedings and Applicable Law........................................23 4.15
Leases, Premises. Section 4.12 of the SAL Xxsclosure Schedule lists all real property leases, subleases, amendments, options and other leasehold interests to which SAL xx a party (the "Leases"), copies of which have been previously provided to JMAR. All of the Leases are valid and binding, in full force and effect and enforceable against SAL xxd the other parties thereto in accordance with their terms, subject to general principles of equity and laws of general application relating to bankruptcy, insolvency, moratorium or similar laws affecting creditors' rights generally, regardless of whether considered in a proceeding in equity or at law. SAL xx not, and to the Knowledge of SAL, xo other party is in default under any Lease, and no event exists which with notice or lapse of time or both would constitute a default or an event of default thereunder other than in respect of the transactions contemplated under this Agreement under the Lease Agreement. Such leased properties are not subject to any Encumbrances, encroachments, zoning ordinances, administrative regulations or building or use restrictions which interfere with or impair the present and continued use thereof in the usual and normal conduct of the business of SAL.
Leases, Premises. Landlord hereby leases to Tenant the premises more particularly described in Schedule A, attached hereto and made part hereof, consisting of approximately 25,947 square feet, hereinafter sometimes called "Leased Premises."
Leases, Premises. Section 4.12 of Cell-Matrix Disclosure Schedule lists all real property leases, subleases, amendments, options and other leasehold interests to which Cell-Matrix is a party (the "Leases"), true and correct copies of which have been previously provided to Buyer. All of the Leases are valid and binding, in full force and effect and enforceable against Cell-Matrix and the other parties thereto in accordance with their terms, subject to general principles of equity and laws of general application relating to bankruptcy, insolvency, moratorium or similar laws affecting creditors' rights generally, regardless of whether considered in a proceeding in equity or at law. Cell-Matrix is not in default under any Lease, and no event exists which with notice or lapse of time or both would constitute a default or an event of default by Cell-Matrix thereunder. To the Knowledge of Cell-Matrix, such leased properties are not subject to any Encumbrances, encroachments, zoning ordinances, administrative regulations or building or use restrictions which interfere with or impair the present and continued use thereof in the usual and normal conduct of the business of Cell-Matrix. Upon the request of Buyer, Cell-Matrix shall promptly prepare and deliver to Buyer a description of the commencement date, the termination date, the monthly rent, the square feet, any rent escalation provisions, any mandatory or elective expansion provisions, any renewal options and any early termination options covered by each Lease. That certain lease dated December 1, 1999 (the "Master Lease"), by and between Xxxx Xxxxxxx and Xxxxxxxx Xxxxxxxx, as Trustees of The Xxxxx Xxxxxxx and Xxxxxxx Xxxxxxx 1981 Trust UDT dated February 5, 1981 (the "Master Landlord") and Bio-Management, Inc., is in full force and effect, has not been amended, and is enforceable against the parties thereto in accordance with its terms, subject to general principles of equity and laws of general application relating to bankruptcy, insolvency, moratorium or similar laws affecting creditors' rights generally, regardless of whether considered in a proceeding in equity or at law. To the Knowledge of Cell-Matrix, neither the Master Landlord nor VBI, Inc., a California corporation, is in default under any of the terms of the Master Lease.
