Condition of Properties. All facilities, machinery, equipment, fixtures and other properties owned, leased or used by the Company are in reasonably good operating condition and repair, subject to ordinary wear and tear, and are adequate and sufficient for the Company’s business.
Appears in 40 contracts
Samples: Agreement of Merger and Plan of Reorganization, Agreement of Merger and Plan of Reorganization (Med-X, Inc.), Agreement and Plan of Merger (NewGen BioPharma Corp.)
Condition of Properties. All facilities, machinery, equipment, fixtures and other properties owned, leased or used by the Company are in reasonably good operating condition and repaircondition, subject to ordinary wear and tear, and are adequate and sufficient for the Company’s existing business.
Appears in 34 contracts
Samples: Subscription and Securities Purchase Agreement (New You, Inc.), Agreement and Plan of Merger (China Grand Resorts, Inc.), Agreement and Plan of Merger (Precious Investments, Inc.)
Condition of Properties. All facilities, machinery, equipment, fixtures and other properties owned, leased or used by the Company are in reasonably good operating condition and repair, subject to ordinary wear and tear, and are adequate and sufficient for the Company’s business.
Appears in 8 contracts
Samples: Securities Exchange Agreement (City Language Exchange Inc), Agreement of Merger And (Agronix Inc), Agreement and Plan of Merger (Flex Resources Co. LTD)
Condition of Properties. All facilities, machinery, equipment, fixtures fixtures, vehicles and other properties owned, leased or used by the Company and its Subsidiaries are in reasonably good operating condition and repair, subject to ordinary wear are reasonably fit and tearusable for the purposes for which they are being used, and are adequate and sufficient for the Company’s businessCompany and its Subsidiaries respective businesses and conform in all material respects with all applicable Laws.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Xa, Inc.), Securities Purchase Agreement (Xa, Inc.), Securities Purchase Agreement (Xa, Inc.)
Condition of Properties. All facilities, machinery, equipment, fixtures fixtures, vehicles and other properties owned, leased or used by the Company are in reasonably good operating condition and repair, subject to ordinary wear and tear, repair and are adequate and sufficient for the Company’s 's business.
Appears in 7 contracts
Samples: Revolving Loan Agreement (Value America Inc /Va), Securities Purchase Agreement (Jd American Workwear Inc), Preferred Stock and Warrant Purchase Agreement (Value America Inc /Va)
Condition of Properties. All facilities, machinery, equipment, fixtures and other properties owned, leased or used by the Company are in reasonably good operating condition and repair, subject to ordinary wear and tear, and are adequate and sufficient for the Company’s 's business.
Appears in 5 contracts
Samples: Agreement of Merger and Plan (Darwin Resources Corp.), Agreement of Merger and Plan of Reorganization (Chubasco Resources Corp.), Agreement of Merger and Plan (Medallion Crest Management Inc)
Condition of Properties. All facilities, machinery, equipment, fixtures ----------------------- fixtures, vehicles and other properties owned, leased or used by the Company with fair market value in excess of $250,000 are in reasonably good operating condition and repair, subject to ordinary wear and tear, and are adequate and sufficient for the Company’s 's business.
Appears in 5 contracts
Samples: Stock Purchase Agreement (Interplay Entertainment Corp), Stock Purchase Agreement (Titus Interactive S A), Stock Purchase Agreement (Titus Interactive S A)
Condition of Properties. All facilities, machinery, equipment, fixtures and other properties owned, leased or used by the Company are in reasonably good operating condition and repair, subject to ordinary wear and tear, and are adequate and sufficient for the Company’s 's business.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (JUVA LIFE INC./Canada), Agreement of Merger and Plan (Edgemont Resources Corp), Agreement of Merger and Plan (Towerstream Corp)
Condition of Properties. All facilities, machinery, equipment, fixtures fixtures, vehicles and other properties owned, leased or used by the Company are in reasonably good operating condition and repair, subject to ordinary wear are reasonably fit and tearusable for the purposes for which they are being used, and are adequate and sufficient for the Company’s businessbusiness and conform in all material respects with all applicable Laws.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Idleaire Technologies Corp), Securities Purchase Agreement (Idleaire Technologies Corp), Securities Purchase Agreement (Idleaire Technologies Corp)
Condition of Properties. All facilities, machinery, equipment, fixtures fixtures, vehicles and other properties owned, leased or used by the Company are suitable for their intended use and in reasonably good operating condition and repair, subject to ordinary normal wear and tear, and are adequate and sufficient for the Company’s businesstear excepted.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Coolsavings Com Inc), Securities Purchase Agreement (Coolsavings Com Inc), Securities Purchase Agreement (Golden Steven M)
Condition of Properties. All facilities, machinery, equipment, fixtures and other properties owned, leased or used by the Company are in reasonably good operating condition and repair, subject to ordinary wear and tear, and are adequate and sufficient for the Company’s businessbusiness as presently conducted.
Appears in 3 contracts
Samples: Agreement of Merger And (Spatializer Audio Laboratories Inc), Agreement of Merger And (Convention All Holdings Inc), Agreement of Merger And (Odyne Corp)
Condition of Properties. All facilities, machinery, ----------------------- equipment, fixtures fixtures, vehicles and other properties owned, leased or used by the Company with fair market value in excess of $250,000 are in reasonably good operating condition and repair, subject to ordinary wear and tear, and are adequate and sufficient for the Company’s 's business.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Interplay Entertainment Corp), Stock Purchase Agreement (Fargo Brian), Stock Purchase Agreement (Titus Interactive S A)
Condition of Properties. All facilities, machinery, equipment, fixtures and other properties owned, leased or used by the Company are in reasonably good operating condition and repaircondition, subject to ordinary wear and tear, and are adequate and sufficient for the Company’s 's existing business.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Alkame Holdings, Inc.), Agreement and Plan of Merger (Common Horizons Inc), Agreement and Plan of Merger (Becoming Art Inc)
Condition of Properties. All facilities, machinery, equipment, fixtures and other properties owned, leased or used by the Company Purchaser are in reasonably good operating condition and repaircondition, subject to ordinary wear and tear, and are adequate and sufficient for the CompanyPurchaser’s existing business.
Appears in 2 contracts
Samples: Share Exchange Agreement (Alba Mineral Exploration), Share Exchange Agreement (Diamond Information Institute)
Condition of Properties. All facilities, machinery, equipment, fixtures and other properties owned, leased or used by the Company are in reasonably good operating condition and repair, subject to ordinary wear and tear, and are adequate and sufficient for the Company’s 's business.
Appears in 2 contracts
Samples: Agreement of Merger and Plan (Refocus Group Inc), Agreement of Merger and Plan of Reorganization (CCP Worldwide Inc)
Condition of Properties. All facilities, machinery, equipment, fixtures fixtures, vehicles and other properties owned, leased or used by the Company are in reasonably good operating condition and repair, subject are reasonably fit and usable for the purposes for which they are being used and are presently contemplated to ordinary wear and tearbe used, and are adequate and sufficient for the Company’s businessbusiness as now conducted and as presently contemplated to be conducted.
Appears in 2 contracts
Samples: Intercreditor Agreement, Securities Purchase Agreement
Condition of Properties. All facilities, machinery, equipment, fixtures and other properties owned, leased or used by the Company Inventergy are in reasonably good operating condition and repair, subject to ordinary wear and tear, and are adequate and sufficient for the CompanyInventergy’s business.
Appears in 1 contract
Samples: Agreement of Merger and Plan of Reorganization (Eon Communications Corp)
Condition of Properties. All facilities, machinery, equipment, fixtures and other properties properties, if any, owned, leased or used by the Company are in reasonably good operating condition and repaircondition, subject to ordinary wear and tear, and are adequate and sufficient for the Company’s existing business.
Appears in 1 contract
Samples: Agreement and Plan of Merger (New York Global Innovations Inc.)
Condition of Properties. All facilities, machinery, office equipment, fixtures and other properties owned, leased or used by the Company are in reasonably good operating condition and repair, subject to ordinary wear and tear, and are adequate and sufficient for the Company’s businessbusiness as presently conducted.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Bacterin International Holdings, Inc.)
Condition of Properties. All facilities, machinery, equipment, fixtures fixtures, vehicles and other properties owned, leased or used by the Company are in reasonably good operating condition and repair, subject to ordinary wear are reasonably fit and tearusable for the purposes for which they are being used, and are adequate and sufficient for the Company’s businessbusiness and conform in all material respects with all applicable ordinances, regulations and laws.
Appears in 1 contract
Samples: Reclassification and Sale of Shares Agreement (Ulta Salon, Cosmetics & Fragrance, Inc.)
Condition of Properties. All facilities, machinery, equipment, fixtures ----------------------- fixtures, vehicles and other properties owned, leased or used by the Company and its subsidiaries are in reasonably good operating condition and repair, subject to ordinary wear are reasonably fit and tearusable for the purposes for which they are being used, and are adequate and sufficient for the Company’s businessbusiness of the Company and its subsidiaries and conform in all material respects with all applicable Laws.
Appears in 1 contract
Samples: Securities Purchase Agreement (Broadview Networks Holdings Inc)
Condition of Properties. All facilities, machinery, equipment, fixtures fixtures, vehicles and other properties owned, leased or used by the Company and its Subsidiaries are in reasonably good operating condition and repair, subject to ordinary repair (reasonable wear and teartear excepted), are reasonably fit and usable for the purposes for which they are being used, are adequate and sufficient for the Company’s businessCompany and its Subsidiaries’ respective businesses and conform in all material respects with all applicable Laws.
Appears in 1 contract
Samples: Membership Interest Purchase Agreement (Wako Logistics Group Inc)
Condition of Properties. All facilities, machinery, equipment, fixtures fixtures, vehicles and other properties owned, owned or leased or used by the Company are in reasonably good operating condition and repair, subject to ordinary (reasonable wear and teartear excepted), and are reasonably adequate and sufficient for the Company’s businessCompany business as it is currently conducted.
Appears in 1 contract
Samples: Membership Interest Purchase Agreement (Wako Logistics Group Inc)
Condition of Properties. All facilities, machinery, equipment, fixtures fixtures, vehicles and other properties owned, leased or used by the Company are in reasonably good operating condition and repair, subject to ordinary wear are reasonably fit and tearusable for the purposes for which they are being used, and are adequate and sufficient for the Company’s business's business and conform in all material respects with all applicable Laws.
Appears in 1 contract
Samples: Securities Purchase and Stockholder Agreement (Advanced Switching Communications Inc)
Condition of Properties. All material facilities, machinery, equipment, fixtures fixtures, vehicles and other properties owned, leased or used by the Company are in reasonably good operating condition and repair, subject are reasonably fit and usable for the purposes for which they are being used and are presently contemplated to ordinary wear and tearbe used, and are adequate and sufficient for the Company’s businessbusiness as now conducted and as presently contemplated to be conducted.
Appears in 1 contract
Samples: Convertible Preferred Note Purchase and Investment Agreement (Gold Torrent, Inc.)
Condition of Properties. All facilities, machinery, equipment, fixtures and other properties owned, leased or used by the Company Companies are in reasonably good operating condition and repair, subject to ordinary wear and tear, and are adequate and sufficient for the conduct of the Companies’ business. All of such properties are in compliance with all applicable laws and regulations and, to the Company’s businessbest knowledge, there is no fact or circumstance which would give rise to any material violation of any of such laws or regulations.
Appears in 1 contract
Condition of Properties. All facilities, machinery, equipment, fixtures fixtures, vehicles and other properties owned, leased or used by the Company (i) are in reasonably good operating condition and repair, subject to ordinary repair (reasonable wear and tear, tear excepted): (ii) are reasonably fit and usable for the purposes for which they are being used; (iii) are adequate and sufficient for the Company’s business; and (iv) conform in all material respects with all applicable Laws.
Appears in 1 contract
Condition of Properties. All facilities, machinery, equipmentequipment fixtures, fixtures vehicles and other properties tangible property owned, leased or used by the Company are in reasonably good operating condition and repair, subject to ordinary wear and tear, and are adequate and sufficient for the Company’s business.
Appears in 1 contract
Condition of Properties. All facilities, machinery, equipment, fixtures and other properties owned, leased or used by the Company and the Company Subsidiaries are in reasonably good operating condition and repair, subject to ordinary wear and tear, and are adequate and sufficient for the Company’s businessbusiness of the Company and the Company Subsidiaries.
Appears in 1 contract
Condition of Properties. All facilities, machinery, equipment, fixtures fixtures, vehicles and other properties owned, leased or used by the Company and its Subsidiaries are in reasonably good operating condition and repair, subject to ordinary wear and tear, repair and are adequate and sufficient for the Company’s businesstheir businesses.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Collagenex Pharmaceuticals Inc)
Condition of Properties. All facilities, machinery, equipment, fixtures fixtures, vehicles and other properties owned, leased or used by the Company are in reasonably good operating condition and repair, subject to ordinary wear are reasonably fit and tearusable for the purposes for which they are being used, and are adequate and sufficient for the Company’s business's business as now conducted or proposed to be conducted (as contemplated by the Plan and the Projections and subject to the assumptions set forth therein) and conform in all material respects with all applicable ordinances, regulations and laws.
Appears in 1 contract
Condition of Properties. All facilities, machinery, equipment, fixtures and other properties owned, leased or used by the Company are in reasonably good operating condition and repair, subject to ordinary wear and teartear excepted, and are adequate and sufficient for the Company’s business.
Appears in 1 contract
Condition of Properties. All facilities, machinery, equipment, fixtures and other properties owned, leased or used by the Company and its subsidiaries are in reasonably good operating condition and repaircondition, subject to ordinary wear and tear, and are adequate and sufficient for the Company’s 's existing business.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Technology Holdings, Inc.)
