Occupancy Agreements Sample Clauses

Occupancy Agreements. All current leases, including any amendments or other occupancy agreements, pertaining to the Property. Those leases or other occupancy agreements pertaining to the Property that survive Closing are as follows (Leases):

Occupancy Agreements. Except as set forth on Schedule 4.8 hereto, to Sellers' knowledge: (i) there are no leases, concessions or occupancy agreements in effect with respect to the Real Property other than the Occupancy Agreements made available for inspection by Purchaser as Submission Matters; (ii) except as provided in the Occupancy Agreements, no tenant or concessionaire is entitled to any rebates, allowances, free rent or rent abatement for any period after the Closing of the transaction contemplated hereby, and no rent has been prepaid thereunder for any period longer than one month in advance (other than as security for the first or last month's rent); (iii) no Acquired Entity has received written notice of any intention by any of the parties to any Occupancy Agreement to cancel the same nor has any Acquired Entity canceled any of same; (iv) to the extent that any of the Occupancy Agreements calls for security, such security remains on deposit with Owner or Operating Lessee, and has not been applied towards any payment due under said Occupancy Agreements; (v) no party is in material default under any Occupancy Agreements; (vi) Owner or Operating Lessee have performed in all material respects all obligations required of it under all of the Occupancy Agreements and there remain no unfulfilled obligations of Owner or Operating Lessee under any Occupancy Agreements; and (vii) no tenant has given written notice to any Acquired Entity of its intention to institute litigation or otherwise assert a claim or offset with respect to any Occupancy Agreements.

Occupancy Agreements. Seller shall use commercially reasonable efforts to obtain any required consents or satisfy any preconditions necessary to transfer the Scheduled Occupancy Agreements prior to the Closing Date. If after the Closing Date, Purchaser determines that a third-party consent or precondition must be satisfied in order to transfer an Unscheduled Occupancy Agreement, Seller shall obtain such third-party consent or satisfy such precondition and execute any documents necessary to effectuate such transfer pursuant to Seller's obligations in Section 2.05.

Occupancy Agreements. To Crow's knowledge, there are no leases, -------------------- concessions or occupancy agreements in effect with respect to the Real Property other than the Occupancy Agreements. To Crow's knowledge, except as specifically provided in the Occupancy Agreements, no tenant or concessionaire is entitled to any rebates, allowances, free rent or rent abatement (other than in connection with a casualty to the Improvements) for any period after the Closing of the transaction contemplated hereby. To Crow's knowledge, Crow has received no notice of any intention by any of the parties to any of the Occupancy Agreements to cancel the same, nor has Crow canceled any of same. To Crow's knowledge, to the extent that any of the Occupancy Agreements call for security, such security remains on deposit with Crow or its agent, and has not been applied towards any payment due under said Occupancy Agreements. To Crow's knowledge, Crow has not received any advance rent or advance compensation under any of said Occupancy Agreements in excess of one month. To Crow's knowledge and except as set forth on Schedule 3.18, no brokerage commissions or ------------- compensation of any kind shall be due in connection with the Occupancy Agreements, or in connection with the rents or revenues to be derived therefrom. To Crow's knowledge and except as set forth on Schedule 3.18, no party is in ------------- default under any Occupancy Agreement and the consummation of the transaction contemplated hereby will not constitute a default under any such Occupancy Agreements. To Crow's knowledge and except as set forth on Schedule 3.18, Crow ------------- has performed all obligations required of it under all of the Occupancy Agreements and there remain no unfulfilled obligations of Crow under the Occupancy Agreements. To Crow's knowledge, no tenant has given notice to Crow of its intention to institute litigation with respect to any Occupancy Agreement.

Occupancy Agreements. Except for the agreements set forth in Section 4.16 of the Disclosure Schedule, (the "Occupancy Agreements") there are no material leases or other agreements relating to the possession, occupancy, rights of first refusal or options to purchase or lease of any portion of the Owned Real Property.

Occupancy Agreements. Schedule 4.23 contains a list of all easements, licenses, use agreements and other occupancy agreements for real property granted by third parties to Seller that are Known to Seller and are used or expected to be used in the operation of the System (the "Scheduled Occupancy Agreements"). Seller has made available true and complete copies of all Scheduled Occupancy Agreements to Purchaser. To Seller's Knowledge, Seller is not in breach of or in default under the Scheduled Occupancy Agreements (for which applicable notices have been delivered and cure periods have elapsed) and no party to any Scheduled Occupancy Agreements has given Seller written notice of or made a claim with respect to any breach or default thereunder, nor is Seller aware of any condition that currently exists or with the passage of time will result in a default or breach by any party to a Scheduled Occupancy Agreement. The Parties acknowledge that Seller may own other easements, licenses, use agreements, and other occupancy agreements for real property that are used or expected to be used in the operation or future expansion of the System other than those listed in Schedule 4.23 (the "Unscheduled Occupancy Agreements"). The terms Scheduled Occupancy Agreements and Unscheduled Occupancy Agreements shall collectively be referred to as "Occupancy Agreements."

Occupancy Agreements. There are no leases, concessions or occupancy agreements in effect with respect to the Real Property other than the Occupancy Agreements made available to Purchaser as Submission Matters. All parties to material Occupancy Agreements have performed all of their obligations thereunder in all material respects, and are not in default thereunder in any material respect. For purposes of this Agreement, an Occupancy Agreement shall be deemed “material” only if it is material to the business or results of operations of the Property taken as a whole.

Occupancy Agreements. Attached as Schedule 6.5. 3.1 hereto are true and complete copies of the current standard forms of occupancy agreements entered into between Seller and tenants or patients at each Facility (the "Occupancy Agreement Forms"). There are no agreements under which tenants or patients entering any Facility subsequent to the adoption by Seller of the applicable Occupancy Agreement Form currently occupy all or any part of any Facility which materially deviate from the Occupancy Agreement Forms. There are no undisclosed amendments or agreements to such residency agreements, nor any special rates, services, or concessions promised by Seller to any residents of any Facility except as disclosed in Schedule 6.5.3.2 attached hereto.

Occupancy Agreements. Except for the Premises Agreement, there exist no agreements between the Industrial Occupant and any other person, corporation or other entity regarding use or occupancy of any portion of the Premises. The Industrial Occupant has requested the IDC to acquire title to the Premises and sell and convey the Premises to the Industrial Occupant solely for the purpose of obtaining the Loan, all benefit of which will be received by the Industrial Occupant. Such title as the IDC holds to the Premises is solely as security for the Loan being made by PIDA to the IDC, exclusively for Industrial Occupant’s benefit. Except as expressly set forth to the contrary in the Premises Agreement, the IDC has not had, does not have, and will not have any right to occupy or access the Premises, or control any of the operations of Industrial Occupant thereon.