Occupancy Agreements. To Crow's knowledge, there are no leases, -------------------- concessions or occupancy agreements in effect with respect to the Real Property other than the Occupancy Agreements. To Crow's knowledge, except as specifically provided in the Occupancy Agreements, no tenant or concessionaire is entitled to any rebates, allowances, free rent or rent abatement (other than in connection with a casualty to the Improvements) for any period after the Closing of the transaction contemplated hereby. To Crow's knowledge, Crow has received no notice of any intention by any of the parties to any of the Occupancy Agreements to cancel the same, nor has Crow canceled any of same. To Crow's knowledge, to the extent that any of the Occupancy Agreements call for security, such security remains on deposit with Crow or its agent, and has not been applied towards any payment due under said Occupancy Agreements. To Crow's knowledge, Crow has not received any advance rent or advance compensation under any of said Occupancy Agreements in excess of one month. To Crow's knowledge and except as set forth on Schedule 3.18, no brokerage commissions or ------------- compensation of any kind shall be due in connection with the Occupancy Agreements, or in connection with the rents or revenues to be derived therefrom. To Crow's knowledge and except as set forth on Schedule 3.18, no party is in ------------- default under any Occupancy Agreement and the consummation of the transaction contemplated hereby will not constitute a default under any such Occupancy Agreements. To Crow's knowledge and except as set forth on Schedule 3.18, Crow ------------- has performed all obligations required of it under all of the Occupancy Agreements and there remain no unfulfilled obligations of Crow under the Occupancy Agreements. To Crow's knowledge, no tenant has given notice to Crow of its intention to institute litigation with respect to any Occupancy Agreement.
Occupancy Agreements. Except for the agreements set forth in Section -------------------- 4.16 of the Disclosure Schedule, (the "Occupancy Agreements") there are no material leases or other agreements relating to the possession, occupancy, rights of first refusal or options to purchase or lease of any portion of the Owned Real Property.
Occupancy Agreements. Schedule 4.23 contains a list of all easements, licenses, use agreements and other occupancy agreements for real property granted by third parties to Seller that are Known to Seller and are used or expected to be used in the operation of the System (the "Scheduled Occupancy Agreements"). Seller has made available true and complete copies of all Scheduled Occupancy Agreements to Purchaser. To Seller's Knowledge, Seller is not in breach of or in default under the Scheduled Occupancy Agreements (for which applicable notices have been delivered and cure periods have elapsed) and no party to any Scheduled Occupancy Agreements has given Seller written notice of or made a claim with respect to any breach or default thereunder, nor is Seller aware of any condition that currently exists or with the passage of time will result in a default or breach by any party to a Scheduled Occupancy Agreement. The Parties acknowledge that Seller may own other easements, licenses, use agreements, and other occupancy agreements for real property that are used or expected to be used in the operation or future expansion of the System other than those listed in Schedule 4.23 (the "Unscheduled Occupancy Agreements"). The terms Scheduled Occupancy Agreements and Unscheduled Occupancy Agreements shall collectively be referred to as "Occupancy Agreements."
Occupancy Agreements. Seller shall use commercially reasonable efforts to obtain any required consents or satisfy any preconditions necessary to transfer the Scheduled Occupancy Agreements prior to the Closing Date. If after the Closing Date, Purchaser determines that a third-party consent or precondition must be satisfied in order to transfer an Unscheduled Occupancy Agreement, Seller shall obtain such third-party consent or satisfy such precondition and execute any documents necessary to effectuate such transfer pursuant to Seller's obligations in Section 2.05.
Occupancy Agreements. Attached as Schedule 6.5.3.1 hereto are true and complete copies of the current standard forms of occupancy agreements entered into between Seller and tenants or patients at each Facility (the "Occupancy Agreement Forms"). There are no agreements under which tenants or patients entering any Facility subsequent to the adoption by Seller of the applicable Occupancy Agreement Form currently occupy all or any part of any Facility which materially deviate from the Occupancy Agreement Forms. There are no undisclosed amendments or agreements to such residency agreements, nor any special rates, services, or concessions promised by Seller to any residents of any Facility except as disclosed in Schedule 6.5.3.2 attached hereto.
Occupancy Agreements. To Contributor’s knowledge, there are no leases, concessions or occupancy agreements to which Contributor is a party in effect with respect to the Real Property other than the Occupancy Agreements listed on Schedule 4 attached hereto. Except as specifically provided in the Occupancy Agreements, to Contributor’s knowledge, no tenant or concessionaire is entitled to any rebates, allowances, free rent or rent abatement for any period after the Closing of the transaction contemplated hereby. Contributor has received no notice of any intention by any of the parties to any of the Occupancy Agreements to cancel the same, nor has Contributor canceled any of same. To Contributor’s knowledge, to the extent that any of the Occupancy Agreements call for security, such security remains on deposit with Marriott, and has not been applied towards any payment due under said Occupancy Agreements. Contributor has not received any advance rent or advance compensation under any of said Occupancy Agreements in excess of one month. No brokerage commissions or compensation of any kind shall be due in connection with the Occupancy Agreements, and the rents or revenues to be derived therefrom. To Contributor’s knowledge, no party is in default under any Occupancy Agreements. To Contributor’s knowledge, Contributor and Marriott have performed all obligations required of them under all of the Occupancy Agreements and there remain no Ashford Hospitality Limited Partnership/Marriott Crystal City Gateway Agreement of Purchase and Sale unfulfilled obligations of Contributor or Marriott (as applicable) under the Occupancy Agreements. To Contributor’s knowledge, no tenant has given notice of its intention to institute litigation with respect to any Occupancy Agreement.
Occupancy Agreements. There are no leases, concessions or occupancy agreements in effect with respect to any Real Property other than the Occupancy Agreements set forth on Exhibit EE. Except as specifically provided in such Occupancy Agreements, no tenant or concessionaire is entitled to any rebates, allowances, free rent or rent abatement for any period after the Closing of the Transactions. No Owner Party has received notice of any intention by any of the parties to any of such Occupancy Agreements to cancel the same, nor has any Partnership canceled any of same. To the extent that any of such Occupancy Agreements call for security, such security remains on deposit with the Partnerships, and has not been applied towards any payment due under said Occupancy Agreements, except as set forth on Exhibit EE. No Partnership has received any advance rent or advance compensation under any of such Occupancy Agreements in excess of one month. Except as set forth on Exhibit EE, no brokerage commissions or compensation of any kind shall be due in connection with such Occupancy Agreements, and the rents or revenues to be derived therefrom. To Owners’ knowledge, no party is in default under any such Occupancy Agreements, except as set forth on Exhibit EE. To Owners’ knowledge, each Partnership has performed all obligations required to be performed by it on or before the Closing under each of such Occupancy Agreements. Except as set forth on Exhibit EE, no tenant has given notice to any Partnership of its intention to institute litigation with respect to any such Occupancy Agreement.
Occupancy Agreements. There are no leases, license agreements, occupancy agreements or other rights of occupancy affecting or relating to Real Estate with respect to which the Company or one of its Subsidiaries is the landlord or licensor, either pursuant to any agreement or as successor to any prior landlord or licensor.
Occupancy Agreements. Tenant covenants that Tenant:
Occupancy Agreements. Except for the Premises Agreement, there exist no agreements between the Industrial Occupant and any other person, corporation or other entity regarding use or occupancy of any portion of the Premises. The Industrial Occupant has requested the IDC to acquire title to the Premises and sell and convey the Premises to the Industrial Occupant solely for the purpose of obtaining the Loan, all benefit of which will be received by the Industrial Occupant. Such title as the IDC holds to the Premises is solely as security for the Loan being made by PIDA to the IDC, exclusively for Industrial Occupant’s benefit. Except as expressly set forth to the contrary in the Premises Agreement, the IDC has not had, does not have, and will not have any right to occupy or access the Premises, or control any of the operations of Industrial Occupant thereon.
