Common use of Real Estate Leases Clause in Contracts

Real Estate Leases. Schedule 6.11 sets forth, as of the Closing Date, a correct and complete list of all Real Estate owned by the Borrower and all Real Estate owned by any of its Subsidiaries, all leases and subleases of real or personal property held by the Borrower as lessee or sublessee (other than leases of personal property as to which the Borrower is lessee or sublessee for which the value of such personal property in the aggregate is less than $1,000,000), and all leases and subleases of real or personal property held by the Borrower as lessor, or sublessor. Each of such leases and subleases is valid and enforceable in accordance with its terms and is in full force and effect, and no default by any party to any such lease or sublease exists. The Borrower has good and marketable title in fee simple to the Real Estate identified on Schedule 6.11 as owned by the Borrower, or valid leasehold interests in all Real Estate designated therein as “leased” by the Borrower and the Borrower has good, indefeasible, and merchantable title to all of its other property reflected on the June 30, 2004 Financial Statements delivered to the Lender, except as disposed of in the ordinary course of business since the date thereof, free of all Liens except Permitted Liens.

Real Estate Leases. Schedule 6.11 6.9 to the Disclosure Letter sets forth, as of the Closing DateDate or as of any date Borrower shall update such schedule, a correct and complete list of all Real Estate owned by the Borrower and all Real Estate owned by any of its Subsidiaries, all leases and subleases of real or personal property held by the Borrower as lessee or sublessee (other than leases of personal property as to which the Borrower is lessee or sublessee for which the value of such personal property in the aggregate is less than $1,000,000), and all leases and subleases of real or personal property held by the Borrower as lessor, or sublessor. Each of such leases and subleases is valid and enforceable in accordance with its terms and is in full force and effect, and no the Borrower is not aware of any default by any party to any such lease or sublease existsthat could reasonably be expected to have a Material Adverse Effect. The Borrower has good and marketable title in fee simple to the Real Estate identified on Schedule 6.11 6.9 to the Disclosure Letter as owned by the Borrower, or valid leasehold interests in all Real Estate designated therein as “leased” by the Borrower and the Borrower has good, indefeasible, and merchantable title to all of its other property reflected on the June September 30, 2004 2005 Financial Statements delivered to the LenderAgent and the Lenders, except as disposed of in the ordinary course of business since the date thereof, free of all Liens except Permitted Liens.

Real Estate Leases. Schedule 6.11 sets forth, as of the Closing Date, a correct and complete list of all Real Estate owned by the Borrower Parent and all Real Estate owned by any of its Subsidiariesother Borrower, all leases and subleases of real or personal property Property held by the any Borrower as lessee or sublessee (other than leases of personal property Property as to which the any Borrower is lessee or sublessee for which the value of such personal property Property in the aggregate is less than $1,000,0002,000,000), and all leases and subleases of real or personal property Property held by the any Borrower as lessor, or sublessor. Each of such leases and subleases is valid and enforceable in accordance with its terms and is in full force and effect, and no default by any party to any such lease or sublease exists. The Borrower has Borrowers have good and marketable title in fee simple to the Real Estate identified on Schedule 6.11 as owned by the BorrowerBorrowers, or valid leasehold interests in all Real Estate designated therein as “leased” by the Borrower Borrowers and the Borrower has Borrowers have good, indefeasible, and merchantable title to all of its other property Property reflected on the June 3026, 2004 2005 Financial Statements delivered to the LenderAgent and the Lenders, except as disposed of in the ordinary course of business since the date thereof, free of all Liens except Permitted Liens.

Real Estate Leases. Schedule 6.11 sets forth, as of the Closing Date, a correct and complete list of all Real Estate owned by the Borrower Borrowers and all Real Estate owned by any of its their Subsidiaries, all leases and subleases of real or personal property held by the Borrower Borrowers as lessee or sublessee (other than leases of personal property as to which the Borrower is Borrowers are lessee or sublessee for which the value of such personal property in the aggregate is less than $1,000,000250,000), and all leases and subleases of real or personal property held by the Borrower Borrowers as lessor, or sublessor. Each of such leases and subleases is valid and enforceable in accordance with its terms and is in full force and effect, and no default by any party to any such lease or sublease exists. The Borrower has Borrowers have good and marketable title in fee simple to the Real Estate identified on Schedule 6.11 as owned by the BorrowerBorrowers, or valid leasehold interests in all Real Estate designated therein as “"leased” " by the Borrower Borrowers and the Borrower has Borrowers have good, indefeasible, and merchantable title to all of its their other property reflected on the June 30September 29, 2004 2001 Financial Statements delivered to the Lender, except as disposed of in the ordinary course of business since the date thereof, free of all Liens except Permitted Liens.

Real Estate Leases. Schedule 6.11 sets forth, as of the Closing Date, a correct and complete list of all Real Estate owned by the Borrower and all Real Estate owned by any of its Subsidiaries, all leases and subleases of real or personal property held by the Borrower as lessee or sublessee (other than leases of personal property as to which the Borrower is lessee or sublessee for which the value of such personal property in the aggregate is less than $1,000,000250,000), and all leases and subleases of real or personal property held by the Borrower as lessor, or sublessor. Each of such leases and subleases is valid and enforceable in accordance with its terms and is in full force and effect, and no default by any party to any such lease or sublease exists. The Borrower has good and marketable title in fee simple to the Real Estate identified on Schedule 6.11 as owned by the Borrower, or valid leasehold interests in all Real Estate designated therein as “leased” by the Borrower and the Borrower has good, indefeasible, and merchantable title to all of its other property reflected on the June 30May 31, 2004 2005 Financial Statements delivered to the LenderAgent and the Lenders, except as disposed of in the ordinary course of business since the date thereof, free of all Liens except Permitted Liens.

Real Estate Leases. Schedule 6.11 sets forth, as of the First Amendment Closing Date, a correct and complete list of all Real Estate owned by the Borrower Parent and all Real Estate owned by any of its Subsidiariesother Borrower, all leases and subleases of real or personal property Property held by the any Borrower as lessee or sublessee (other than leases of personal property Property as to which the any Borrower is lessee or sublessee for which the value of such personal property Property in the aggregate is less than $1,000,0002,000,000), and all leases and subleases of real or personal property Property held by the any Borrower as lessor, or sublessor. Each of such leases and subleases is valid and enforceable in accordance with its terms and is in full force and effect, and no default by any party to any such lease or sublease exists. The Borrower has Borrowers have good and marketable title in fee simple to the Real Estate identified on Schedule 6.11 as owned by the BorrowerBorrowers, or valid leasehold interests in all Real Estate designated therein as “leased” by the Borrower Borrowers and the Borrower has Borrowers have good, indefeasible, and merchantable title to all of its other property Property reflected on the June 3028, 2004 2009 Financial Statements delivered to the LenderAgent and the Lenders, except as disposed of in the ordinary course of business since the date thereof, free of all Liens except Permitted Liens.

Real Estate Leases. Schedule 6.11 sets forth, as of the Closing Date, a correct and complete list of all Real Estate owned by the Borrower Parent and all Real Estate owned by any of its Subsidiariesother Borrower, all leases and subleases of real or personal property held by the Borrower Borrowers as lessee or sublessee (other than leases of personal property as to which the Borrower is lessee or sublessee for which the value of such personal property in the aggregate is less than $1,000,000)sublessee, and all leases and subleases of real or personal property held by the Borrower Borrowers as lessor, or sublessor, in each case, as to which the interests of the relevant Borrower has a book value or estimated fair market value in excess of $750,000. Each of such leases and subleases is valid and enforceable in accordance with its terms and is in full force and effect, and no material default by any party Borrower to any such lease or sublease exists. The Borrower has Borrowers have good and marketable title in fee simple to the Real Estate identified on Schedule 6.11 as owned by the BorrowerBorrowers, or valid leasehold interests in all Real Estate designated therein as “"leased” " by the Borrower Borrowers and the Borrower has Borrowers have good, indefeasible, and merchantable title to all of its their other property reflected on the June 30March 31, 2004 2001, Financial Statements delivered to the LenderAgent and the Lenders, except as disposed of in the ordinary course of business since the date thereof, free of all Liens except Permitted Liens.