Assigned Leases. All Collateral that is an Assigned Lease is in full force and effect; Debtor is in possession of the property covered by each such Assigned Lease; and no default or potential default exists under any such Assigned Lease.
Assigned Leases. All of Seller’s right, title and interest in and to those real property leases related to the Business set forth on Section 2.1(g) of the Seller Disclosure Letter (the “Assigned Leases”);
Assigned Leases. The summaries of the Assigned Leases on Schedule 4(b) accurately describe such Assigned Leases, neither party to any Assigned Leases is in breach, in any material respect, of such Assigned Leases, and all payments or obligations on the Assigned Leases are, or as of the Closing Date will be current. Each of the Assigned Leases is valid, legal and binding and is in full force and effect. Seller has made all payments due under each of the Assigned Leases through the date hereof. No event or condition has occurred and is continuing which, with or without the lapse of time or giving of notice, constitutes, or would ripen into or become, a breach of or default under an Assigned Leases by the Seller, or, to the Seller’s Knowledge, by any other party thereto, in any term, covenant or condition of each Assigned Leases.
Assigned Leases. All of Seller’s right, title and interest in and to those real property leases of the Business set forth on Schedule 1.1(j), including, without limitation, that certain Air Commercial Real Estate Association Standard Industrial/Commercial Single-Tenant Lease, dated as of March 9, 2018, by and between Seller and Pico Metal Products, Inc. (the “Assigned Leases”);
Assigned Leases. All Liabilities under the Assigned Leases relating to events or circumstances first arising and accruing after the Closing Date.
Assigned Leases. Appendix A.4
Assigned Leases. Each of the Assigned Leases (a) has been assigned by Borrower to Lender either hereunder or in a separate Assignment and are, together with Inventory leased thereunder, subject to the first priority, valid and perfected security interest of Lender and such Assignment does not conflict with or constitute a breach of any agreement of Borrower with any other Person; (b) is valid, binding and enforceable upon Borrower and the Lessee thereunder in accordance with its terms and represents valid obligations thereunder of such Lessee; (c) is in full force and effect and, together with the Inventory leased thereunder, is owned by Borrower free and clear of any liens or security interests except in favor of Lender; (d) at the time of the Assignment to Lender, is not in default; (e) has been executed by the Lessee obligated on such Lease or, if any, the assignee thereof to Borrower, which execution has been confirmed by Borrower and the Lease Receivables owed thereunder are payable monthly (in equal monthly installments) and are unconditionally owed by the Lessee thereunder to Borrower; (f) is with a Lessee obligated on such Lease whose credit worthiness has been reviewed and approved by Borrower in accordance with its customary business practices; (g) is described either in Schedule 5.1(a), Schedule 5.1(b) or in the Schedule to each separate Assignment now or hereafter executed and delivered by Borrower to Lender and the information set forth therein is true and correct; (h) contains an irrevocable consent by the Lessee to Borrower for the initiation of an automatic monthly automated clearinghouse debit from such Lessee's bank account for each monthly payment owed by such Lessee to Borrower under such Lease (including the rent, the insurance waiver, the applicable sales tax and any late charges); (i) the only original executed copy of each such Lease has been delivered by Borrower to the Lease Bailee pursuant to the Lease Bailment Agreement and is at all times in the possession of the Lease Bailee pursuant to the Lease Bailment Agreement and Borrower has no other original executed copy thereof in its possession; (j) is described on a schedule to a UCC-1 financing statement or UCC-3 amendment executed by Borrower, as debtor, and delivered to Lender; (k) is not with a Lessee whose chief executive office is located outside the Unixxx
Assigned Leases. As of the Effective Time of Closing, Seller shall assume and assign to Purchaser under Section 365 of the Bankruptcy Code all right, title, and interest to the Assigned Leases, and Purchaser shall assume all current indebtedness under the Assigned Leases in an aggregate amount not to exceed $10,000, and all future indebtedness, obligations and liabilities under the Assigned Leases. Seller shall assign to Purchaser all right, title, and interest in any deposits or prepaid rents under the Assigned Leases. Purchaser agrees to indemnify, defend, and hold Seller harmless from any and all claims, causes of action, demands, and liabilities (including attorneys' fees and court costs) under any of the Assigned Leases on or after the Effective Time of Closing, except for liabilities existing on the Closing Date in excess of $10,000.
Assigned Leases. True, accurate and complete copies of the Assigned Leases have been provided to Buyer. Each of the Assigned Leases is in full force and effect without modification or amendment from the form delivered to Buyer and is valid, binding and enforceable in accordance with its respective terms. Except as provided in the Fort Worth Sublease, no Person other than a Seller Party has any right to the use, occupancy or enjoyment of any of the Fort Worth Real Property or any portion thereof. Other than the Guaranty, there are no guarantees (from any Seller Party or from any other Person) in favor of the lessors of any of the Fort Worth Real Property. No Seller Party has sold, assigned, transferred, pledged, subleased or encumbered all or any part of its leasehold interests in the Fort Worth Real Property other than pursuant to the Fort Worth Sublease. No material breach or default by any Seller Party or any of its Affiliates or, to the knowledge of each Seller Party, any other Person under the Assigned Leases has occurred and is continuing, and no material amount due under the Assigned Leases remains unpaid, no material controversy, claim, dispute or disagreement exists between the parties to such leases, and no event has occurred which with the passage of time or giving of notice, or both would reasonably be expected to result in a material default or breach thereunder. Except as set forth on Schedule 4.1(m), none of the Assigned Leases will cease to be legal, valid, binding, enforceable and in full force and effect on terms identical to those currently in effect as a result of the consummation of the transactions contemplated by this Agreement, nor will the consummation of such transactions constitute a breach or default under either such lease or otherwise give the landlord a right to terminate the Fort Worth Lease. The Fort Worth Real Property used by any Seller Party or any of its Affiliates, and the present uses of the Fort Worth Real Property by any Seller Party or any of its Affiliates, are in compliance with, and not in default under or in violation of any Law. All brokerage commissions and other similar compensation and fees payable in connection with the Assigned Leases have been paid in full by a Seller Party and no additional brokerage commissions or other similar compensation and fees may be due in the future thereunder. No option has been exercised under any of the Assigned Leases, except options whose exercise has been evidenced by a written document, a...
Assigned Leases. Each Assigned Lease shall be in full force and effect and no breach shall have occurred and be continuing thereunder.
