Common use of Tangible Assets Clause in Contracts

Tangible Assets. The Target owns or leases all buildings, machinery, equipment, and other tangible assets necessary for the conduct of its business as presently conducted and as presently proposed to be conducted. Each such tangible asset is free from defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used and presently is proposed to be used.

Appears in 7 contracts

Samples: Stock for Stock Exchange Agreement (Vincera, Inc.), Stock for Stock Exchange Agreement (Intac International Inc), Stock for Stock Exchange Agreement (Vincera, Inc.)

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Tangible Assets. The Target owns or leases all buildings, machinery, equipment, and other tangible assets necessary for the conduct of its business as presently conducted and as presently proposed to be conducted. Each such tangible asset is free from defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used and presently is proposed to be used. Section 4(o) of the Disclosure Schedule lists all tangible assets owned by Target.

Appears in 4 contracts

Samples: Stock Exchange Agreement (Orius Corp), Stock Exchange Agreement (Orius Corp), Stock Exchange Agreement (Orius Corp)

Tangible Assets. The Target owns and its Subsidiaries own or leases lease all buildings, machinery, equipment, and other tangible assets necessary for the conduct of its business their businesses as presently conducted and as presently proposed to be conducted. Each To the Sellers’ Knowledge, each such tangible asset is free from defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used and presently is proposed to be used.

Appears in 3 contracts

Samples: Stock Purchase Agreement, Stock Purchase Agreement (Segmentz Inc), Stock Purchase Agreement (Segmentz Inc)

Tangible Assets. The Target owns or leases all buildings, machinery, equipment, and other material tangible assets necessary for the conduct of its their business as presently conducted and as presently proposed to be conducted. Each such material tangible asset is free from defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used and presently is proposed to be used.

Appears in 3 contracts

Samples: Equity Purchase Agreement (Cinedigm Corp.), Stock Purchase Agreement (Cinedigm Digital Cinema Corp.), Equity Purchase Agreement (Cinedigm Corp.)

Tangible Assets. The Target owns and its Subsidiaries own or leases lease all buildings, machinery, equipment, and other tangible assets necessary for the conduct of its business their businesses as presently conducted and as presently proposed to be conducted. Each such tangible asset is free from defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used and presently is proposed to be used.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Wintrust Financial Corp), Stock Purchase Agreement (Starbridge Global Inc)

Tangible Assets. The Target owns or leases all buildings, machinery, equipment, and other tangible assets necessary for the conduct of its their business as presently conducted and as presently proposed to be conducted. Each such tangible asset is free from defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used and presently is proposed to be used.

Appears in 2 contracts

Samples: Business Sale and Membership Interest (Penford Corp), Business Sale and Membership Interest (Penford Corp)

Tangible Assets. The Target owns or leases all buildings, machinery, equipment, and other tangible assets necessary for the conduct of its business as presently conducted and as presently proposed to be conducted. Each To the Seller's Knowledge, each such tangible asset is free from defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used and presently is proposed to be used.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Xpedior Inc), Stock Purchase Agreement (Cimnet Inc/Pa)

Tangible Assets. The Target owns or leases all buildings, machinery, equipment, and other tangible assets necessary for the conduct of its business their businesses as presently conducted and as presently proposed to be conducted. Each such tangible asset is free from defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used and presently is proposed to be used.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Ultralife Batteries Inc), Stock Purchase Agreement (Ultralife Batteries Inc)

Tangible Assets. The Target owns and its Subsidiaries own or leases lease all buildings, machinery, equipment, and other tangible assets necessary for the conduct of its business their businesses as presently conducted and as presently proposed to be conducted. Each such tangible asset is free from defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used and presently is proposed to be used.

Appears in 1 contract

Samples: Stock Purchase Agreement (WellTek Inc)

Tangible Assets. The Target owns or leases all buildings, machinery, equipment, and other tangible assets necessary for the conduct of its business as presently conducted and as presently proposed to be conducted. Each such tangible asset is free from material defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used and presently is proposed to be used.

Appears in 1 contract

Samples: Stock Exchange Agreement (World Callnet Inc)

Tangible Assets. The Target owns and its Subsidiaries own or leases lease all buildings, machinery, equipment, equipment and other tangible assets necessary for the conduct of its business their businesses as presently conducted and as presently proposed to be conducted. Each such tangible asset is free from defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used and presently is proposed to be used.

Appears in 1 contract

Samples: Stock Purchase Agreement (Issuer Direct Corp)

Tangible Assets. The Each Target owns or leases all buildings, machinery, equipment, equipment and other tangible assets necessary for the conduct of its business businesses as presently conducted and as presently proposed to be conducted. Each To the Seller's Knowledge, each such tangible asset is free from any material defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used and presently is proposed to be used.

Appears in 1 contract

Samples: Stock Purchase Agreement (Sunbelt Automotive Group Inc)

Tangible Assets. The Target and its subsidiary owns or leases all buildings, machinery, equipment, and other tangible assets necessary for the conduct of its business their businesses as presently conducted and as presently proposed to be conducted. Each such tangible asset is free from defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used and presently is proposed to be used.

Appears in 1 contract

Samples: Stock Purchase Agreement (Fun Tyme Concepts Inc)

Tangible Assets. The Target owns and its Subsidiaries own or leases lease all buildings, machinery, equipment, and other tangible assets necessary for the conduct of its business their businesses as presently conducted and as presently proposed to be conducted. Each such tangible asset is free from defects (patent and latent)material defects, has been maintained in accordance with normal industry practice, and is in good operating condition and repair (subject to normal wear wear, tear and tearobsolescence), and is suitable for the purposes for which it presently is used and presently is proposed to be used.

Appears in 1 contract

Samples: Merger Agreement (Oakhurst Co Inc)

Tangible Assets. The Target owns or leases all buildings, machinery, equipment, equipment and other tangible assets necessary for the conduct of its business businesses as presently conducted and as presently proposed to be conducted. Each such tangible asset is free from defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used and presently is proposed to be used.

Appears in 1 contract

Samples: Employment Agreement (Saxton Inc)

Tangible Assets. The Each Target owns or leases all buildings, machinery, equipment, and other tangible assets necessary for the conduct of its business as presently conducted and as presently proposed to be conducted. Each Except as to Vessels, each such tangible asset is free from defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used and presently is proposed to be used.

Appears in 1 contract

Samples: Membership Interest Purchase Agreement (Ambassadors International Inc)

Tangible Assets. The Target exclusively owns or leases all buildings, machinery, equipment, and other tangible assets necessary for the conduct of its business as presently conducted and as presently proposed to be conducted. Each such tangible asset is free from defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used and presently is proposed to be used.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Delias Inc)

Tangible Assets. The Each of the Target owns or leases all buildings, machinery, equipment, and other tangible assets necessary for the conduct of its business their businesses as presently conducted and as presently proposed to be conducted. Each such tangible asset is free from material defects (patent and latent), has been maintained in accordance with normal industry practice, and is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used and presently is proposed to be used.

Appears in 1 contract

Samples: Stock Purchase Agreement (LDM Technologies Inc)

Tangible Assets. The Target owns and its Subsidiaries own or leases lease all buildings, machinery, equipment, and other tangible assets necessary for the conduct of its business their businesses as presently conducted and as presently proposed to be conducted. Each To the Sellers' Knowledge, each such tangible asset is free from defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used and presently is proposed to be used.

Appears in 1 contract

Samples: Stock Purchase Agreement (Segmentz Inc)

Tangible Assets. The Target owns or leases all buildings, machinery, equipment, and other tangible assets necessary for the conduct of its business as presently conducted and as presently proposed to be conducted. Each To the Knowledge of any of Sellers, each such tangible asset is free from defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used and presently is proposed to be used. The Target has good and marketable title to all such tangible assets free and clear of all Liens other than Inchoate Liens.

Appears in 1 contract

Samples: Unit Purchase Agreement (Juhl Wind, Inc)

Tangible Assets. The Target owns and its Subsidiaries own or leases lease all buildings, machinery, equipment, and other tangible assets necessary for the conduct of its their business as presently conducted and as presently proposed to be conducted. Each such tangible asset is free from defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used and presently is proposed to be used.

Appears in 1 contract

Samples: Agreement and Plan of Merger (F5 Networks Inc)

Tangible Assets. The Target owns and its Subsidiaries own or leases lease all buildings, machinery, equipment, equipment and other tangible assets necessary for the conduct of its business their businesses as presently conducted and as presently proposed to be conducted. Each such tangible asset is free from defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used and presently is proposed to be used.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Talk Com)

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Tangible Assets. The Target owns or leases all buildings, material items of machinery, equipment, and other material tangible assets necessary for the conduct of its business as presently conducted and as presently proposed to be conducted. Each such tangible asset is free from material defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used and presently is proposed to be used.

Appears in 1 contract

Samples: Membership Interest Purchase Agreement (Crocs, Inc.)

Tangible Assets. The Target owns or leases all buildings, machineryreal property, equipment, and other tangible assets necessary for the conduct of its business as presently conducted and as presently proposed to be conducted. Each such tangible asset is free from defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used used, and presently is proposed to be used.

Appears in 1 contract

Samples: Agreement and Plan of Merger (American Consolidated Growth Corp)

Tangible Assets. The Target owns or leases all buildings, machinery, equipment, and other tangible assets necessary for the conduct of its business their businesses as presently conducted and as presently proposed to be conducted. Each such tangible asset is free from defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used and presently is proposed to be used.

Appears in 1 contract

Samples: Stock Purchase Agreement (Peppermill Capital Corp)

Tangible Assets. The Target owns or leases all buildings, machinery, equipment, and other tangible assets necessary for the conduct of its business as presently conducted and as presently proposed to be conducted. Each To the Seller's knowledge, each such tangible asset is free from defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used and presently is proposed to be used.

Appears in 1 contract

Samples: Stock Purchase Agreement (Xpedior Inc)

Tangible Assets. The Target owns or leases all buildings, ---------------- machinery, equipment, and other tangible assets necessary for the conduct of its business as presently conducted and as presently proposed to be conducted. Each such tangible asset is free from defects (patent and latent)latent defects, has been maintained in accordance with normal industry practice, is in good operating condition and repair (repair, subject to normal wear and tear), and is suitable for the purposes for which it presently is used and presently is proposed to be used.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Lexar Media Inc)

Tangible Assets. The Target owns or leases all buildings, machinery, equipment, and other tangible assets necessary for the conduct of its business as presently conducted and as presently proposed to be conducted. Each such tangible asset is free from defects (patent and latent), has been maintained in accordance with Target’s normal industry practicepractices, and is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used and presently is proposed to be used.

Appears in 1 contract

Samples: Stock Purchase Agreement (BPO Management Services)

Tangible Assets. The Target owns or leases all buildings, machinery, equipment, equipment and other tangible assets necessary for the conduct of its business as presently conducted and as presently proposed to be conducted. Each such tangible asset is free from defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used and presently is proposed to be used.

Appears in 1 contract

Samples: Stock Purchase Agreement (Phoenix Footwear Group Inc)

Tangible Assets. The Target Each of the Targets owns or leases all buildings, machinery, equipment, and other tangible assets necessary for the conduct of its business businesses as presently conducted and as presently proposed to be conducted. Each such tangible asset is free from defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), ) and is suitable adequate for the purposes for which it presently is used and presently is proposed to be used.

Appears in 1 contract

Samples: Acquisition Agreement (Allegheny Energy Inc)

Tangible Assets. The Target owns or leases all buildings, machinery, equipment, and other tangible assets necessary for the conduct of its business their businesses as presently conducted and as presently proposed to be conducted. Each such tangible asset is free from defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used and presently is proposed to be used.

Appears in 1 contract

Samples: Stock Purchase Agreement (Ultralife Batteries Inc)

Tangible Assets. The Target owns or leases all buildings, machinery, equipment, and other tangible assets necessary for the conduct of its business their businesses as presently conducted and as presently proposed to be conducted. Each such material tangible asset is free from defects (patent and latent), has been maintained in accordance with normal industry practice, is in good a commercially reasonable operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used and presently is proposed to be used.

Appears in 1 contract

Samples: Stock Purchase Agreement (Sys)

Tangible Assets. The Upon the sale of assets, the Target owns or leases all buildings, machinery, equipment, and other tangible assets necessary for the conduct of its business businesses as presently previously conducted by the Sellers and as presently proposed to be conductedconducted by the Target. Each such tangible asset is free from defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used and presently is proposed to be used.

Appears in 1 contract

Samples: Asset Purchase Agreement (Sykes Enterprises Inc)

Tangible Assets. The Target owns or leases all buildings, machinery, equipment, and other tangible assets necessary for the conduct of its business as presently conducted and as presently proposed to be conducted. Each such tangible asset is free from known defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used and presently is proposed to be used.

Appears in 1 contract

Samples: Asset Purchase Agreement

Tangible Assets. The Except as disclosed in Section 4.13 of the Disclosure Schedule to the Knowledge of any of the Sellers, the Target owns or leases all buildings, machinery, equipment, and other tangible assets necessary for the conduct of its business as presently conducted and as presently proposed to be conducted. Each such tangible asset is free from material defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used and presently is proposed to be used.

Appears in 1 contract

Samples: Stock and Asset Purchase Agreement (Koala Corp /Co/)

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