The Properties. 3.1 All of the Properties are in England, Wales or Scotland. 3.2 Each Property constitutes a separate dwelling unit and is either freehold, heritable or leasehold. 3.3 Every person who, at the date upon which an English Mortgage was granted, had attained the age of eighteen and was or was in or about to be in actual occupation of the relevant Property, is either named as a Borrower or has signed a Deed of Consent in the form of the pro forma contained in the Standard Documentation. At the date upon which any Scottish Mortgage was granted, all necessary MHA Documentation had been obtained so as to ensure that neither that Scottish Mortgage nor the related Property is subject to or affected by any statutory right of occupancy. 3.4 No Property has been let otherwise than by way of:
The Properties. Attached hereto as Schedule 1 is the description of the Leased Property, with an Equipment Schedule attached hereto as Schedule 1-A, an Improvement Schedule attached hereto as Schedule 1-B and a legal description of the Land attached hereto as Schedule 1-C. Effective upon the execution and delivery of this Lease Supplement by Lessor and Lessee, the Leased Property shall be subject to the terms and provisions of the Lease. Without further action, any and all additional Equipment funded under the Operative Agreements and any and all additional Improvements made to the Land shall be deemed to be titled to the Lessor and subject to the terms and conditions of the Lease and this Lease Supplement.
The Properties. Effective upon the execution and delivery of this Supplement by the Lessor/Mortgagee and the Lessee/Mortgagor, the Land, all Improvements on the Land and all other improvements now on the Land or which hereafter may be constructed thereon and all Appurtenant Rights with respect thereto and all Equipment (collectively, the "Subject Property") shall be subject to the terms and provisions of the Master Lease and the Lessor/Mortgagee hereby grants, conveys, transfers and assigns to the Lessee/Mortgagor those interests, rights, titles, estates, powers and privileges provided for in the Master Lease with respect to the Subject Property.
The Properties. 15.1 The Company is the sole legal and beneficial owner of each of the Properties, shown against its name in Schedule 4. 15.2 The particulars of the Properties specified in Schedule 4 are true, complete and accurate in all respects. 15.3 Save as specified in Schedule 4 the Company exclusively occupies the whole of each of the Properties shown against its name in Schedule 4 and the Properties are free from all leases, 36 licences, service occupancies, tenancies, options, rights of pre-emption, mortgages, charges, rent charges, liens or rights of occupation or any agreement to create any of the same. 15.4 The Company does not own or have any interest in any land or building other than the Properties, and the Company has not entered into any legally binding agreement for the purchase of any such interest. 15.5 The Company occupies and uses the Properties for the purpose of conducting the Business only and occupies or uses no other properties for such purpose. 15.6 So far as the Warrantors are aware, all covenants, obligations, restrictions and conditions affecting the Property have been observed and performed and all outgoings have been duly paid and all consents (where necessary) obtained and complied with and no notice of any alleged breach of such covenants, obligations, restrictions and conditions has been received and so far as the Warrantors are aware, there are no circumstances now existing which would entitle the landlord of any leasehold Property to exercise any power of entry upon or take possession of any Property or to draw upon any rental deposit or other security available to it. 15.7 No notice, action or proceedings affecting any of the Properties has been served (so far as the Warrantors are aware) and there are no disputes concerning any of the Properties with any person and (so far as the Warrantors are aware) there are no circumstances now existing which are likely to result in any such notice, action or proceedings being served or commenced or any such dispute arising. 15.8 So far as the Warrantors are aware, there has been no notice or complaint that any of the Properties does not comply (as to buildings and use) with the lease (if any) under which any leasehold Property is held, the applicable provisions of the Town and Country Planning Acts, and with all associated statutory and bye-law requirements and all necessary consents relating to any such requirements are subject only to conditions which have been satisfied and the Company is no...
The Properties. Subject to the terms and conditions of this Agreement, Seller agrees to sell and convey to Buyer, and Buyer agrees to purchase from Seller, but effective as of 7:00 a.m. Central Time, July 1, 2006, (the “Effective Time”) all of Seller’s right, title, and interest in and to the following (the “Properties”):
The Properties a) The Operating Partnership and the -------------- Subsidiaries have good and marketable title in fee simple to all of the Properties (excluding any Acquisition Property not yet acquired) and good and marketable title to all other real properties owned by them, in each case, free and clear of all mortgages, pledges, liens, security interests, claims, restrictions or encumbrances of any kind except such as (i) are described in the Prospectuses or (ii) do not, singly or in the aggregate, materially affect the value of such property and do not interfere with the use made and proposed to be made of such property by the Company or any of its Subsidiaries; (b) all mortgages, pledges, liens, security interests, claims, restrictions or encumbrances on or affecting the properties and assets of the Company or any of the Subsidiaries that are required to be disclosed in the Prospectuses are disclosed therein; (c) neither the Company nor the Operating Partnership knows of any violation of any municipal, state or federal law, rule or regulation (including those pertaining to environmental matters) concerning the Properties or any part thereof which would have a Material Adverse Effect; (d) each of the Properties complies with all applicable zoning laws, ordinances, regulations and deed restrictions or other covenants in all material respects and, if and to the extent there is a failure to comply, such failure does not result in a Material Adverse Effect and will not result in a forfeiture or reversion of title; (e) none of the Company nor any Subsidiary has received from any governmental authority any written notice of any condemnation of or zoning change affecting the Properties or any part thereof, and none of the Company nor any Subsidiary knows of any such condemnation or zoning change which is threatened and which if consummated would have a Material Adverse Effect; and (f) no lessee of any portion of any of the Properties is in default under any of the leases governing such Properties and there is no event which, but for the passage of time or the giving of notice or both, would constitute a default under any of such leases, except such defaults that would not have a Material Adverse Effect.
The Properties. Attached hereto as Schedule I is the description of certain Land (the "Subject Property"). Effective upon the execution and delivery of this Lease Supplement by Lessor and Lessee, such Land, together with any Building and other improvements thereon or which thereafter may be constructed thereon pursuant to the Lease shall be subject to the terms and provisions of the Lease and Lessor hereby demises, leases, grants, conveys, transfers and assigns the Subject Property to Lessee to the extent of those interests, rights, titles, estates, powers and privileges provided for in the Lease, the provisions of which are incorporated herein by this reference. The Subject Property does not include any inventory of Lessee held by Lessee for resale or rental.
The Properties. Attached as SCHEDULE 1 is a legal description of the Leased Property. Effective upon the execution and delivery of this Lease Supplement by the Grantor and the Grantee, the Leased Property shall be subject to the terms and provisions of the Lease. Without further action, any and all additional Property or Equipment funded under the Operative Agreements and any and all Improvements made to the Leased Property shall be deemed to be titled to the Grantor and subject to the terms and conditions of the Lease and this Lease Supplement. This Lease Supplement shall constitute a mortgage, deed of trust, security agreement and financing statement under the laws of the state in which the Leased Property is situated. The maturity date of the obligations secured hereby shall be October 4, 2007 unless otherwise extended by the parties. For purposes of provisions of the Lease and this Lease Supplement related to the creation and enforcement of the Lease and this Lease Supplement as a security agreement and a fixture filing, Grantee is the debtor and Grantor is the secured party. The mailing addresses of the debtor (Grantee herein) and of the secured party (Grantor herein) from which information concerning security interests hereunder may be obtained are set forth on the signature pages hereto. A carbon, photographic or other reproduction of the Lease and this Lease Supplement or of any financing statement related to the Lease and this Lease Supplement shall be sufficient as a financing statement for any of the purposes referenced herein.