Store Leases. The Buyer shall have received Assignment and Assumption Agreements with respect to each of the Category 1 Leases in the form attached hereto as Exhibit D, effective as of the Closing Date, each duly executed by the applicable Seller.
Store Leases. With respect to each Store Lease, the Credit Parties shall: promptly perform and/or observe in all material respects all of the covenants and agreements required to be performed and/or observed by the lessee under each Store Lease and do all things necessary to preserve and to keep unimpaired its rights thereunder; promptly notify Agent of any alleged default by any Person under each Store Lease; promptly deliver to Agent a copy of each notice of default and other material notice to be provided or received in respect of any Store Lease; and use commercially reasonable efforts to enforce the performance and observance of all of the covenants and agreements required to be performed and/or observed by the lessor under each Store Lease unless, in each case, failure to do so would not result in a Material Adverse Effect.
Store Leases. The Company shall not, and shall not permit any Subsidiary to, acquire the use of or possession of any real property to be used as a retail rental store location under any lease or similar arrangement which has a term (excluding renewal terms exercisable at the discretion of the lessee) that is over seven calendar years in length; provided, however, that the foregoing shall not restrict nor operate to prevent the Company from entering into leases or similar arrangements for such real property each with a term (excluding renewal terms exercisable at the discretion of the lessee) not exceeding 15 calendar years in length if, after giving effect thereto, the aggregate amount of fixed rentals and other consideration payable by the Company and its Subsidiaries during any calendar year by the Company and its Subsidiaries under all such leases and similar arrangements with terms (excluding such renewal terms) in excess of seven calendar years would not exceed 15% of the aggregate amount of fixed rentals and other consideration payable by the Company under all such leases and similar arrangements of whatever term."
Store Leases. (a) From and after the Closing Time, to the extent that, prior to the Closing, (i) the Seller has not, or has not caused the Tenant under any Category 2 Lease to, secure the written consent of the landlord under such Category 2 Lease to the assignment of such Category 2 Lease to the Buyer as of the Closing, or (ii) the Seller has not, or has not caused the Tenant under any Category 3 Lease to, secure a valid assignment of any Category 3 Lease to the Buyer as of the Closing or a valid and legally binding renewal or extension of any Category 3 Lease for the term set forth in Section 3.7 of the Seller Disclosure Schedule, on terms substantially identical to those of the Category 3 Lease as in effect on the date hereof, with such amendments thereto (including expiration date) as shall be reasonably acceptable to the Buyer, then the Seller shall continue to use its Reasonable Best Efforts or cause the applicable Tenant to use its Reasonable Best Efforts to secure such written consent to assignment of a Category 2 Lease or valid assignment and valid and legally binding renewal or extension of such Category 3
Store Leases. All of the Leases (copies of which have been provided to Buyer) are in good standing and are valid, binding and enforceable in accordance with their respective terms. Subject to receipt of all necessary consents to complete the transaction contemplated hereby, all of the Leases will continue to be valid, binding and enforceable immediately after Closing, and, subject to the receipt of all necessary consents to complete the transaction contemplated hereby, there exists no default by Seller or event which with the passage of time or giving of notice or both could result in a default under any of the Leases.
Store Leases. (a) Use its best efforts to cause, within 60 days after the Closing Date (or as soon as possible thereafter), the landlords of the Stores (to the extent they have not already done so) to consent in writing to the assignment of the tenant's interest under the leases of such Stores by HealthRite, Inc. to the Borrower and then to VSC and then (as collateral) to the Agent and its assignee; and provide copies of such written consents to the Agent; and
Store Leases. The Company shall use its reasonable efforts to provide to the Acquiror fully executed copies of each of the leases listed in Item 1 of Schedule 3.10 to the Asset Purchase Agreement (the "Schedule 3.10 Leases") prior to Closing Date, as provided by Section 4.12 of the Asset Purchase Agreement. The Company and the Acquiror acknowledge and agree that fully executed copies of some of the Schedule 3.10 Leases may not be available to be delivered as of the Closing Date due to circumstances beyond the control of the Company. Prior to the Closing Date, the Company shall use its reasonable efforts to provide to the Acquiror unsigned copies of the Schedule 3.10 Leases which the Company believes to be true and correct copies of such Schedule 3.10
Store Leases. PPI shall assume the obligations and liabilities of Seller under those Store leases identified on Schedule 14, notwithstanding that the landlord parties to such leases have not consented to the assignment of such leases to PPI as of the Closing Date. Seller shall pay all amounts owed to landlords under the Store leases through April 30, 1997. PPI and Seller shall use their best efforts to obtain landlord consents from the remaining landlords on or before January 31, 1998.
Store Leases. Designs may either lease or own the premises of any Store. Designs is responsible for negotiating the terms of any lease for Store premises, and shall use commercially reasonable efforts to cause any landlord to include in each such lease a provision permitting Designs to assign the lease to Candies without a penalty of any kind, including without limitation an increase in rent. Designs shall promptly notify Candies any time it signs a lease for any Store that does not include such a provision. Designs may elect to enter into any lease for any Store through an Affiliate. Execution by Designs or an Affiliate of Designs of a lease for any Store will not, for purposes of this Agreement, constitute the opening of that Store.
Store Leases. (a) Seller has delivered to Buyer copies of all of the Store Leases and amendments, if any, which copies are true and complete in all material respects. Each of the Store Leases is a valid and subsisting lease enforceable against the parties thereto in accordance with its terms. As of the date hereof, to the Seller's knowledge, no default of any landlord under any of such Store Lease after applicable grace periods, if any, exists. Seller has not received as of the date hereof any written notices alleging a default by Seller or its Affiliates under the Store Leases and, to Seller's knowledge, there are no defaults by Seller or its Affiliates under any of the Store Leases that would entitle the landlord thereunder to terminate same. Seller or its Affiliate is the lessee acknowledged by lessor under the Store Leases. Notwithstanding the foregoing, Seller makes no representation or warranty as to whether any default would occur or whether any landlord consent is needed under any Store Lease as a result of the transactions contemplated by this Agreement.
