Third Party Leases. (a) Schedule 5.12(a) hereto contains a true and complete list and description, including annual rent, of each of the Third Party Leases. Except as specifically identified on Schedule 5.12(a), the Seller's interest in each of the Third Party Leases is free and clear of any pledge, mortgage or security interest of any kind whatsoever. The Seller has delivered to the Purchaser true and complete copies of all of the Third Party Leases and of all related options, if any, to purchase the Third Party Real Property.
Third Party Leases. A fully executed assignment to the County, in the form attached hereto as Exhibit E, of all of the Port’s right, title and interest in and to the Third Party Leases, Licenses or Contracts listed in Schedule 1 hereto that affect the Property, and of any other Third Party Leases, Licenses or Contracts that pertain to the Property and of which the Port acquires knowledge prior to Closing (collectively, the “Leases”); and
Third Party Leases. To the best of Landlord's knowledge, each of the Third Party Leases is valid and subsisting and in full force and effect in accordance with its terms and constitutes the legal, valid, binding and enforceable obligation of the parties thereunder, subject to general principles of equity and laws relating to bankruptcy, reorganization, moratorium, fraudulent conveyance, or similar laws now or hereafter in effect relating to creditors' rights generally. To the best of Landlord's knowledge, (a) Landlord has not received any written notice of default with respect to any Third Party Lease from any Third Party Lessor, which default remains uncured as of the date hereof, except as set forth in the last item of Schedule 14, and (b) neither a Third Party Lessor nor Landlord is in default of any of its material obligations under a Third Party Lease.
Third Party Leases. All of Seller’s rights as lessee or lessor pursuant to those real property or personal property leases described on Schedule 1.1(a)(iii) (the “Third Party Leases”);
Third Party Leases. Except as would not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect, (i) the Third Party Leases are valid and in full force and effect, and (ii) neither the Company nor any of its Subsidiaries nor, to the Company’s Knowledge, any Third Party, has violated any provision of, or committed or failed to perform any act which, with or without notice, lapse of time or both would constitute a default under the provisions of, any Third Party Lease. Neither the Company nor any of its Subsidiaries has assigned, pledged, mortgaged, hypothecated or otherwise transferred any Third Party Lease. The Company has delivered or otherwise made available to Parent true and complete copies of all Third Party Leases (including all material modifications, amendments, supplements, waivers and side letters thereto) pursuant to which the Company or any of its Subsidiaries thereof leases, subleases, licenses, or otherwise grants rights for the use or occupancy of the Real Property to any Third Party.
Third Party Leases. 17 5.13 Insurance................................................................................................17 5.14 Contracts................................................................................................17
Third Party Leases. For each of the Third Party Leases, an assignment substantially in the form of Exhibit E attached hereto, modified as appropriate, executed and acknowledged by Seller;
Third Party Leases. State/ Facility #: Facility Name: County, City, State Location: Facility Type: Status: Center TN#177 Louden Healthcare Center Loudon, Loudon, TN Nursing center Operating TN#178 Shelby Pines Rehabilitation and Healthcare Center Shelby, Memphis TN Nursing center Operating TN#179 Huntingdon Health and Rehabilitation Center Carroll, Huntingdon, TN Nursing center Operating TN#183 Ripley Healthcare and Rehabilitation Center Landerdale, Ripley, TN Nursing center Operating TN#184 Greystone Health Care Center Sullivan, Blountville, TN Nursing center Operating TN#187 Maryville Healthcare and Rehabilitation Center Blount, Maryville, TN Nursing center Operating TN#189 Fairpark Healthcare Center Blount, Maryville, TN Nursing center Operating TN#789 Northhaven Health Care Center Knox, Knoxville, TN Nursing center Operating TX#4-657 Vencor Hospital – Bay Area-Houston Harris, Pasadena, TX Hospital Operating TX#4803 Kindred Hospital of Corpus Christi Nueces, Corpus Christi, TX Hospital Operating WI#1-216 Middleton Village Nursing and Rehabilitation Center Dane, Middleton, WI Nursing center Operating KY#4502 Kindred Hospital Louisville @ Jewish Hospital Jefferson, Louisville, KY Hospital-in- Hospital (“HIH”) Operating NJ#4501 Kindred Hospital Morris County Morris, Dover, NJ HIH Non- operating NM#4808 Kindred Hospital Albuquerque Sandia Bernalillo, Albuquerque, NM HIH Operating OH#4805 Kindred Hospital Cleveland Cuyahoga, Cleveland, OH HIH Operating PA#4817 Kindred Hospital @ Heritage Valley Beaver, Beaver, PA HIH Operating PA#4806 Kindred Hospital Delaware County Delaware, Darby, PA HIH Operating PA#4802 Kindred Hospital Wyoming Valley Luzerne, Wilkes-Barre, PA HIH Operating SC#4804 Kindred Hospital Charleston Charleston, Charleston, SC HIH Operating Third Party Leases State/ Facility #: Facility Name: County, City, State Location: Facility Type: Status: TX#4811 Kindred Hospital Walnut Hill Dallas, Dallas, TX HIH Operating TX#4686 Kindred Hospital White Rock Dallas, Dallas, TX HIH Operating * San Diego, Oceanside, CA HIH Non-operating * Marion, Ocala, FL HIH Non-operating * St. Louis, St. Louis, MO HIH Non-operating * Clark, Las Vegas, NV HIH Non-operating TN#4868 Kindred Hospital Nashville Davidson, Nashville, TN Hospital-in-Nursing Center (“HINC”) Operating * Leases for these facilities are under negotiation. SCHEDULE 4.01 PRE-CLOSING DEPOSIT ACCOUNT CONTROL AGREEMENTS Kindred Healthcare Operating, Inc. 323-272711 Kindred Healthcare Operating, Inc. 323-368417 Kindred Heal...
Third Party Leases. Section 5.12(c) of the Paired Entities Disclosure Schedule lists each commercial operating lease, sublease, ground lease, license, room block contract or occupancy agreement with a third party as tenant/lessee thereunder in place with respect to the Paired Entities Property under which the Company, Hospitality or any Paired Entities Subsidiary is landlord/lessor, including each material amendment or other agreement relating thereto other than ordinary-course bookings and related Contracts (“Operating Leases”).
Third Party Leases. For each Third Party Lease, Sellers shall obtain, (A) a consent, if required by the applicable Third Party Lease, from the landlord thereunder and any landlord under a master lease to the Third Party Lease, if applicable (the applicable Third Party Leases requiring consent are identified on Schedule 7.11(g-2)), in form and substance reasonably satisfactory to the Buyer, to the assignment of applicable Seller’s leasehold interest in such Third Party Lease to the Buyer, and (B) if consent is required by the applicable Third Party Lease, confirmation from the landlord that any option to purchase or right of first refusal in the Third Party Lease is valid and assigned to the Buyer. For each Material Leased Property, Sellers shall use commercially reasonable efforts to obtain (A) an estoppel certificate from the landlord thereunder and any landlord under a master lease to the Third Party Lease, if applicable, in form and substance reasonably satisfactory to the Buyer, which estoppel certificate shall confirm the term, any renewals, rent, security deposit, options to purchase or rights of first refusal, and that there is no event of default thereunder beyond applicable notice and cure periods, and such estoppel certificate shall certify to the Buyer that a true and correct copy of the Third Party Lease is affixed thereto, and (B) if applicable, a subordination, non-disturbance and attornment agreement from the holder of any lien affecting the fee simple title described in the Third Party Lease, all in form and substance acceptable to Buyer.
