Common use of Condition of Facilities Clause in Contracts

Condition of Facilities. (a) To Seller’s Knowledge, use of the Facilities for the various purposes for which it is presently being used is permitted as of right under all applicable zoning legal requirements and is not subject to “permitted nonconforming” use or structure classifications. To Seller’s Knowledge, the Facilities located on the Real Property are in compliance with all applicable Legal Requirements, including those pertaining to zoning, building and the disabled, are in good repair and in good condition, ordinary wear and tear excepted. The Facilities located on the Real Property have direct vehicular access to a public road or has access to a public road via a permanent, irrevocable, appurtenant easement benefiting the Real Property, are supplied with public or quasi-public utilities and other services appropriate for the operation of the Facilities located thereon and are not located within any flood plain or area subject to wetlands regulation or any similar restriction. To Seller’s Knowledge, there is no existing or proposed plan to modify or realign any street or highway or any existing or proposed eminent domain or other condemnation proceeding that would result in the taking of all or any part of any Facilities or that would prevent or hinder the continued use of any of the Facilities as heretofore used in the conduct of the Operations or the performance of Buyer’s obligations under the Clinical Drug Substance Supply Agreement or the Transition Services Agreement.

Appears in 2 contracts

Samples: Asset Purchase Agreement (PDL Biopharma, Inc.), Asset Purchase Agreement (PDL Biopharma, Inc.)

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Condition of Facilities. (a) To Seller’s Knowledge, the Knowledge of Seller use of the Facilities Owned Real Property for the various purposes for which it is presently being used is permitted as of right under all applicable zoning legal requirements and is not subject to “permitted nonconforming” use or structure classifications. To Seller’s Knowledge, the Facilities located All Improvements on the Owned Real Property are in compliance with all applicable Legal Requirements, including those pertaining to zoning, building and the disabled, are in good repair and in good condition, ordinary wear and tear excepted, and are free from latent and patent defects. The Facilities located on Land included in the Owned Real Property have abuts on and has direct vehicular access to a public road or has access to a public road via a permanent, irrevocable, appurtenant easement benefiting the Real Property, are such Land is supplied with public or quasi-public utilities and other services appropriate for the operation of the Facilities Owned Real Property (as conducted or operated by Seller) located thereon and are not located within any flood plain or area subject to wetlands regulation or any similar restrictionthereon. To the Knowledge of Seller’s Knowledge, there is no existing or proposed plan to modify or realign any street or highway or any existing or proposed eminent domain or other condemnation proceeding that would result in the taking of all or any part of any Facilities Facility or that would prevent or hinder the continued use of any of the Facilities Facility as heretofore used in the conduct of the Operations business of Seller. There are no leases or other rights of occupancy (other than Seller’s right of occupancy) of the performance of Buyer’s obligations under the Clinical Drug Substance Supply Agreement or the Transition Services AgreementOwned Real Property.

Appears in 1 contract

Samples: Asset Purchase Agreement (Chart Industries Inc)

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Condition of Facilities. (a) To Seller’s Knowledge, use Use of the Facilities Real Property for the various purposes for which it is presently being used is are permitted as of right under all applicable zoning and land use legal requirements and is not subject to "permitted nonconforming" use or structure classifications. To Seller’s Knowledge, the Facilities located No part of any Improvement encroaches on any real property not included in the Real Property Property, and there are in compliance with all applicable Legal Requirementsno buildings, including those pertaining to zoningstructures, building and fixtures or other Improvements situated on adjoining property that encroach on any part of the disabled, are in good repair and in good condition, ordinary wear and tear exceptedReal Property. The Facilities located land for each Facility abuts on the Real Property have and has direct vehicular access to a public road or has access to a public road via a permanent, irrevocable, appurtenant easement benefiting such land and comprising a part of the Real Property, are is supplied with public or quasi-public utilities and other services appropriate for the operation of the Facilities located thereon and are is not located within any flood plain or area subject to wetlands regulation or any similar restriction. To Seller’s There is no existing, or to Bactolac's Knowledge, there is no existing or proposed plan to modify or realign any street or highway or any existing or proposed eminent domain or other condemnation proceeding that would result in the taking of all or any part of any Facilities Facility or that would prevent or hinder the continued use of any of the Facilities Facility as heretofore used in the conduct of the Operations or the performance of Buyer’s obligations under the Clinical Drug Substance Supply Agreement or the Transition Services AgreementBusiness.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Advanced Nutraceuticals Inc/Tx)

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