Condition of the Facility. The Owner Participant shall have received the Closing Appraisal prepared by the Appraiser addressed and delivered only to the Owner Participant and in form and substance satisfactory to the Owner Participant, together with a letter of the Appraiser certifying that its conclusions set forth in the Closing Appraisal are true and correct as of the Closing Date. The Indenture Trustee, the Pass Through Trustees and the Initial Purchasers shall have received a copy of the verification of value, useful life and estimated residual value prepared by the Appraiser in connection with the appraisal of assets subject to the Facility Lease, each of which will be reasonably satisfactory to the recipient.
Condition of the Facility. The Owner Participant shall have received the Closing Appraisal prepared by the Appraiser addressed and delivered only to the Owner Participant and in form and substance satisfactory to the Owner Participant, together with a letter of the Appraiser certifying that its conclusions set forth in the Closing Appraisal are true and correct as of the Closing Date. The Indenture Trustee, the Pass Through Trustees and the Initial Purchasers shall have received a copy of the verification of value, useful life and estimated residual value prepared by the Appraiser in connection with the appraisal of assets subject to the Facility Lease, each of which will be reasonably satisfactory to the recipient. Letter from the Appraiser. Each of the Owner Lessor and the Manager shall have received a satisfactory letter of the Appraiser setting forth the conclusions of the Closing Appraisal as to the fair market value and remaining economic useful life of the Facility as of the Closing Date and the methodology of determination thereof.
Condition of the Facility. The Owner shall have the continuing responsibility and obligation to maintain the Facility and agrees to keep the Facility in good repair with the exception of normal wear and tear. The Licensee shall not damage, injure, deface, or otherwise mar the Facility, or permit others to do so. If the Licensee or its officers, employees, agents, or invitees cause damage to the Facility, the Licensee agrees to repair or restore or, pay to repair or restore, the Facility to its original condition. The Licensee shall not make any alterations or improvements to the Facility, with the exception of movable trade fixtures, without the express written consent of the Owner. If the licensee or its officers, employees, agents alter or make improvements to the Facility without the Owner's consent, the Owner may require that:
Condition of the Facility. The Operator, upon execution of this Agreement, shall assume operational control of the Facility. Prior to submitting its Proposal and executing this Agreement, the Operator examined the Facility, including all facilities, furniture, and appliances, and is satisfied with its present condition. The Operator, by executing this Agreement, accepts the Facility in its "AS-IS" condition. The Authority makes no representation or warranty, either express or implied, as to the condition of the Facility or that the Facility will be suitable for the Operator's purposes or needs, and all warranties, express or implied, including warranties of merchantability and/or fitness for a particular purpose, are expressly denied hereby.
Condition of the Facility. The Owner Participant, the Owner ------------------------- Trustee and the Indenture Trustee shall have received a certificate as to the condition of the Facility Assets substantially in the form previously agreed.
Condition of the Facility. Upon the termination, cancellation or expiration of this Agreement, for any reason Lessee shall leave the Facility in a normal working condition and in material compliance with all applicable federal, state and local laws, regulations and ordinances, as well as the Service Agreement or any agreement(s) between Lessor and CSXT or others for rail trackage, so that either the ongoing operations at the Facility are not interrupted or the ability to operate the Facility or return it to operation is not impeded.
Condition of the Facility. Sellers do not have any actual knowledge of any material defects to the physical structure of the Facility, ordinary wear and tear excepted. Back to Table of Contents
Condition of the Facility. There shall have been no material damage or other adverse changes in the physical condition of the Facility.
Condition of the Facility. The Facility shall, on the Closing Date, be in substantially the same condition as it was on the Effective Date, normal wear and tear excepted; provided, however, if a casualty or condemnation occurs with respect to the Facility, Article 10 shall govern the rights and obligations of the parties hereunder.
Condition of the Facility a. The organisation makes no warranty or representation to the Hirer about the condition of the Facility or its suitability for the Hirer’s purpose.
