Included Property. The Property sold and to be conveyed hereunder shall include the following: (i) all those certain plots, parcels or tracts of land referred to in “Exhibit A" attached hereto and made a part hereof, together with all right, title and interest of Seller in and to all rights, privileges, servitudes and appurtenances thereto belonging or appertaining, including without limitation streets, alleys and rights of way adjacent thereto.
Included Property. 4(c)(vi) Initial Option Termination Date ................................ 4(a) Judmart ........................................................ 15(a) Land ...........................................................
Included Property. Included property shall be all fixtures that belong to, are specifically adapted to or are a part of the real estate, whether attached or detached such as: Attached wall to wall carpeting, built in appliances, light fixtures (including light bulbs), ceiling fans, water softeners (if not rented), shutters, shades, rods, blinds, venetian blinds, awnings, storm doors, screens, television antennas, door chimes, automatic garage door openers, electrical service cables, attached mirrors, fencing, shelving, gates, bushes, trees, shrubs and plants.
Included Property. Included with the Property shall be all buildings, structures, improvements, and fixtures that integrally belong to, are specifically adapted to, or are a part of the Property, whether attached or detached.
Included Property. If the Borrower provides a written request to the Administrative Agent requesting that any Mine held or acquired pursuant to Section 10.3(b)(vi), (vii), (viii) or (ix) be Included Property, the Administrative Agent shall deliver a copy of such request to the Lenders. If the Majority Lenders, following receipt of such request and consultation with its independent consultants (including the Independent Engineer), agree that such Mine is eligible to be Included Property, the Administrative Agent shall provide notice of such determination to the Borrower. The Borrower shall then execute and deliver, or cause to be executed and delivered by each wholly-owned Subsidiary which wholly owns, controls and operates such Mine and each other wholly-owned Subsidiary, if any, which indirectly, through such first-mentioned Subsidiary, wholly owns, controls and operates such Mine, all guarantees, security agreements, hypothecations, assignments, transfers, mortgages, pledges, charges or other applicable security documents as the Administrative Agent may request, in form and substance satisfactory to the Administrative Agent, acting reasonably, to grant the Administrative Agent (or if required by any Requirements of Law, a trustee or other similar Person) on behalf of the Secured Parties valid and effective first-priority Liens, subject only to Permitted Liens, on such Mine, in the case of Persons which wholly own, control and operate Mines, and on all of its present and after-acquired property, in the case of Persons (other than the Borrower) which own Capital Stock of other Persons which directly or indirectly wholly own, control and operate such Mine, in each case to secure the Senior Secured Indebtedness, together with such additional documentation, insurance certificates and opinions which the Administrative Agent requests in support thereof (including, without limitation, all documentation and opinions that would have been required to have been delivered under Sections 6.1 and 7.5 if the Included Property had been Included Property at any relevant time specified therein), in form and substance satisfactory to the Administrative Agent, acting reasonably. An insurance advisor shall also, at the election of the Majority Lenders, conduct a review of the insurance policies of the Borrower or its Subsidiaries relating to the proposed Included Property, which review must be satisfactory to the Majority Lenders, in their sole discretion. Where applicable, the Borrower shall a...
Included Property. In accordance with and subject to the terms of this Agreement, Xxxxx agrees to purchase and Xxxxxx agrees to sell the Real Estate and Irrigation Equipment (collectively, the “Property”). As used throughout this Agreement: (a) the term “Real Estate” refers to the surface rights with respect to the Purchased Tract(s), subject to any applicable adjustment to the boundary line so as to include a well serving the Purchased Tract(s) as described in Exhibit B, and including improvements and permanent fixtures, if any, together with 1/16th of the Remaining Mineral Rights, if any, and the existing wheat crop on the Purchased Tract(s); and (b) the term “Irrigation Equipment” refers to, collectively, all equipment comprising and connected to the irrigation system(s) currently located on the Real Estate, including but not limited to sprinklers, power units, pumps and well-related equipment, as more particularly described in the attached Exhibit A; provided, however, as used throughout this Agreement, the terms Purchased Tracts, Property and Real Estate do not include the Excluded Interests described in Section 2, below.
Included Property. It is Landlord's understanding that the Current Tenant, upon vacating the Premises, will leave substantially all of its furniture and equipment that are located therein. Such items of furniture and equipment are enumerated on Exhibit "F" which is annexed hereto (the "Included Property"). Landlord represents that the Current Tenant has agreed to leave the Included Property in the Premises upon vacating the Premises and that the Included Property is not subject to any liens or encumbrances. Upon taking possession of the Premises, Tenant shall assume ownership of the Included Property in its then "as is" condition, and Tenant shall thereafter be deemed to be the owner of the Included Property for all purposes. Tenant has inspected the Included Property and is satisfied (a) that all items of the Included Property remain in the Premises and (b) with the condition of all of the items of the Included Property. Landlord is making no representations regarding the condition, suitability or value of any of the Included Property. If any items of the Included Property are not present in the Premises on the date that Tenant takes possession of the Premises, Landlord shall have no responsibility therefor. At the request of Tenant, Landlord shall obtain a bxxx of sale for the Included Property in Tenant's name from the Current Tenant.
Included Property. Sublandlord shall leave the furniture, fixtures and equipment which are presently situated in the Subleased Premises, and which are identified in Exhibit “B” which is attached hereto as an integral part hereof (the “Included Property”) in the Subleased Premises. Subtenant shall take possession of the Included Property in its “as is”, “where is” condition. Sublandlord makes no representations or warranties with respect to the Included Property. The Included Property shall remain the property of Sublandlord, and Subtenant shall exercise the care of a prudent custodian in its use and care of the Included Property during the Term. Notwithstanding the foregoing, if this Sublease has not then been terminated in accordance with the terms hereof, then, on July 1, 2027 title to the Included Property shall, without any action on the part of the Sublandlord or Subtenant, be transferred to Subtenant and Subtenant shall thereupon be the owner of the Included Property for all purposes. Thereafter, upon the expiration of the Term, Subtenant at its sole cost and expense, shall remove the Included Property from the Subleased Premises. If Subtenant shall fail to remove any of the Included Property, Sublandlord may arrange for such removal and the costs of such removal plus an incremental amount of fifteen percent (15%) shall be paid to Sublandlord by Subtenant within fifteen (15) days after demand therefor. In addition to the Included Property, Sublandlord shall leave the existing supplemental air conditioning unit (the “A/C Unit”) which services the IDF closet in the Subleased Premises for Subtenant’s use. Sublandlord makes no representation as to the condition of the Unit. It shall be the responsibility of Subtenant to maintain the Unit, to carry a maintenance contract covering the Unit and to replace the Unit, if necessary.
Included Property. AG agrees that any and all Patents and Software (other than Patents and Software transferred to AG.CXX pursuant to the Formation Agreement) that it may own now or in the future are included in the non-Trademark AG Intellectual Property licensed in this Section 2.2.
Included Property. The following items of personal property currently located within or around the Mobile Home, to the extent owned by Seller, are included in the definition of the Property to be sold hereunder, whether or not affixed to the Mobile Home, all at no additional cost to Buyer: (enter “NONE” if none).
