Common use of Real Property Owned or Leased Clause in Contracts

Real Property Owned or Leased. (a) The Company does not own any real property. A list and description of all real property leased to the Company is set forth on Schedule 3.11 of the Disclosure Schedule (the "Real Property"). All such leased Real Property is held subject to written leases which are set forth and identified on Schedule 3.13 of the Disclosure Schedule, and which are valid and enforceable in accordance with their respective terms (subject to the Equitable Exceptions), and there are no existing defaults or events of default, or, to the Company's knowledge, events which with notice or lapse of time or both would constitute defaults, thereunder on the part of the Company. To the Company's knowledge, there has not been any default or a writing claiming or purporting or alleging default or, to the Company's knowledge, state of facts which with notice or lapse of time or both would constitute a default on the part of any other party in the performance of any obligation to be performed or paid by such other party under any lease referred to on Schedule 3.13 of the Disclosure Schedule. The Company has not received any written or, to the Company's knowledge, oral notice to the effect that any lease referred to on Schedule 3.13 of the Disclosure Schedule will not be renewed at the termination of the term thereof or that any such lease will be renewed only at a substantially higher rent.

Appears in 1 contract

Samples: Agreement and Plan of Merger (TLC Vision Corp)

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Real Property Owned or Leased. (a) The Company does not own any real property. A list and description of all real property leased to the Company or any of its Subsidiaries is set forth on Schedule 3.11 of the Disclosure Schedule 3.09 hereto (the "β€œReal Property"”). Neither the Company nor any of its Subsidiaries owns any real property. All such leased Real Property is held subject to written leases which are set forth and identified on Schedule 3.13 of the Disclosure Schedule, and or other agreements which are valid and enforceable effective in accordance with their respective terms (subject to the Equitable Exceptions)terms, and there are no existing defaults or events of default, or, to the Company's knowledge, or events which with notice or lapse of time or both would constitute defaults, thereunder on the part of the CompanyCompany (or its relevant Subsidiary). True and complete copies of all such leases, together with any amendments thereto, have been made available to the Purchaser. To the knowledge of the Company's knowledge, there has not been any is no default or a writing claiming claimed or purporting purported or alleging alleged default or, to the Company's knowledge, or state of facts which with notice or lapse of time or both would constitute a default on the part of any other party in the performance of any obligation to be performed or paid by such other party under any lease referred to on Schedule 3.13 3.09 hereto. Neither the Company, any of its Subsidiaries nor any of the Disclosure Schedule. The Company Stockholders has not received any written or, to the Company's knowledge, or oral notice to the effect that any lease referred to on Schedule 3.13 of the Disclosure Schedule will not be renewed at the termination of the term thereof or that any such lease will be renewed only at a substantially higher rent.

Appears in 1 contract

Samples: Stock Purchase Agreement (Creative Vistas Inc)

Real Property Owned or Leased. (a) The Company does not own any real property. A complete and accurate list and description of all real property leased to the Company or in which the Company has any interest is set forth on Schedule 3.11 of the Disclosure Schedule (the "Real Property")3.10 hereto. The Company does not own and has never owned any real property. All such leased Real Property real property is held subject to written leases which are set forth and identified on Schedule 3.13 of the Disclosure Schedule, and or other written agreements which are valid and enforceable effective in all material respects in accordance with their respective terms (subject against the Company and, to the Equitable Exceptions)knowledge of each of the Management Stockholders, are valid and there effective in accordance with their respective terms against the other parties thereto, subject in each case as to enforceability to applicable bankruptcy, insolvency, reorganization and similar laws affecting creditors' rights and to general principles of equity. There are no existing defaults or events of default, or, to the Company's knowledge, or events which with notice or lapse of time or both would constitute defaults, thereunder on the part of the Company. To the Company's knowledge, there has not been any default or a writing claiming or purporting or alleging default Company or, to the Company's knowledgeknowledge of any of the Management Stockholders, state of facts which with notice or lapse of time or both would constitute a default on the part of any other party thereto, except for defaults which have not had and would not reasonably be likely to have, individually or in the performance of any obligation to be performed or paid by such other party under any lease referred to on Schedule 3.13 of the Disclosure Scheduleaggregate, a Material Adverse Effect. The Company has not received any written or, to the Company's knowledge, oral notice to the effect that any lease referred to on Schedule 3.13 of the Disclosure Schedule will not be renewed at the termination of the term thereof or that any such lease will be renewed only at a substantially higher rent.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Norton McNaughton Inc)

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Real Property Owned or Leased. (a) The Company does not own any real property. A list and description of all real property owned by or leased to or by either of the Company Companies or in which either of the Companies has any interest is set forth on Schedule 3.11 of the Disclosure Schedule (the "Real Property"in Exhibit II(H). All such leased Real Property real property is held subject to written leases which are set forth and identified on Schedule 3.13 of the Disclosure Schedule, and or other agreements which are valid and enforceable effective in accordance with their respective terms (subject to the Equitable Exceptions)terms, and there are no existing defaults or events of default, or, to the Company's knowledge, or events which with notice or lapse of time or both would constitute defaults, thereunder on the part of either of the CompanyCompanies, except for such defaults, if any, as are not material in character, amount or extent and do not, severally or in the aggregate, materially detract from the value or interfere with the present use of the property subject to such lease or affect the validity, enforceability or assignability of such lease or otherwise materially impair either of the Companies or the operations of the Business. To Neither of the Company's knowledge, there Companies nor any of the Shareholders has not been any knowledge of any default or a writing claiming claimed or purporting purported or alleging alleged default or, to the Company's knowledge, or state of facts which with notice or lapse of time or both would constitute a default on the part of any other party in the performance of any obligation to be performed or paid by such other party under any lease referred to on Schedule 3.13 in Exhibit II(H). Neither of the Disclosure Schedule. The Company Companies nor any of the Shareholders has not received any written or, to the Company's knowledge, or oral notice to the effect that any lease referred to on Schedule 3.13 of the Disclosure Schedule will not be renewed at the termination of the term thereof or that any such lease will be renewed only at a substantially higher rent.

Appears in 1 contract

Samples: Agreement (Novacare Employee Services Inc)

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