Common use of Material Leases Clause in Contracts

Material Leases. Attached hereto as EXHIBIT 3.13 is an accurate and complete list of all leases of Real Property and all other material leases to which any Borrower is a party or by which any Borrower or any of the assets of any Borrower is bound, together with all amendments or supplements thereto (collectively, the "Leases"). True and complete copies of each of the Leases have been provided or made available to Allied prior to the date hereof. Each of the Leases is valid, binding and enforceable in accordance with its terms and remains in full force and effect. No Borrower is in default or alleged to be in default with respect to any of its obligations under any of the Leases (nor would be in default or alleged to be in default with the giving of notice, passage of time, or both), and, to the best of the Borrowers' knowledge, no party other than a Borrower is in default with respect to such party's obligations under any of the Leases (or would be in default or alleged to be in default with the giving of notice, passage of time, or both). No Borrower's possession of any property leased by it has been disturbed, nor has any claim been asserted against any Borrower that is or could be adverse to such Borrower's interests under any of the Leases. None of the Leases is subject to any rights of set-off, recoupment or similar deduction or offset and, except as noted on EXHIBIT 3.13 attached hereto, the collateral assignment of the Borrowers' rights under each of the Leases will not impair or conflict with the validity or enforceability of any of the Leases. No Borrower has assigned or encumbered any of its rights, title or interest in or under any of the Leases nor agreed to any oral modifications of any of the provisions of any of the Leases.

Material Leases. Attached hereto as EXHIBIT Exhibit 3.13 is an accurate and complete list of all leases of Real Property and all other material leases to which any Borrower the Company is a party or by which any Borrower the Company or any of the Company's assets of any Borrower is bound, together with all amendments or supplements thereto (collectively, the "Leases"). True and complete copies of each of the Leases have been provided or made available to Allied Spring Capital prior to the date hereof. Each of the Leases is valid, binding and enforceable in accordance with its terms and remains in full force and effect. No Borrower The Company is not in default or alleged to be in default with respect to any of its obligations under any of the Leases (nor would be in default or alleged to be in default with the giving of notice, passage of time, or both), and, to the best of the Borrowers' knowledgeCompany's Knowledge, no party other than a Borrower the Company is in default with respect to such party's obligations under any of the Leases (or would be in default or alleged to be in default with the giving of notice, passage of time, or both), which in any event could reasonably be expected to cause a Material Adverse Change. No BorrowerThe Company's possession of any property leased by it has not been disturbed, nor has any claim been asserted against any Borrower the Company that is or could be adverse to such Borrowerthe Company's interests under any of the Leases. None of the Leases is subject to any rights of set-off, recoupment or similar deduction or offset and, except as noted on EXHIBIT Exhibit 3.13 attached hereto, the collateral assignment of the Borrowers' rights under each of the Leases Landlord Waivers will not impair or conflict with the validity or enforceability of any of the such Leases. No Borrower The Company has not assigned or encumbered any of its rights, title or interest in or under any of the Leases nor agreed to any oral modifications of any of the provisions of any of the LeasesLeases other than liens granted therein in favor of the Holders and liens granted therein in favor of the Senior Debt.