of Property. I shall begin by focusing on the claims that Xxxxx makes about property in the fifth chapter of the Second Treatise, ‘Of Property’, and the implications of these claims. Xxxxx makes relevant claims elsewhere in the Second Treatise, and in other works, too, and these have sometimes been considered necessary to a full understanding of Xxxxx’x views on property. I shall address these further claims below, where relevant, but first I shall address the ‘Of Property’ claims, on the grounds they represent an apposite summary of what is standardly considered to be Lockean property theory, and represent a substantial late statement of his views on the matter. I shall divide these claims into two broad categories:
of Property. The Company and each of its Subsidiaries has good record and marketable title in fee simple to, or valid leasehold interests in, all real property necessary or used in the ordinary conduct of its business, except for such defects in title as could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
of Property. Borrower will not sell, transfer, pledge or otherwise dispose of any of its interest in the Real Property or any of its other assets except in the ordinary course of its business.
of Property. Xxxxx & Other Donative Transfers § 12.1, cmt
of Property. Donative Transfers § 12.1 cmt. g (Tentative Draft No. 1, 1995). [¶35] The trial court must determine if there is clear and convincing evidence the Clairmonts, misapprehended the meaning of “brothers and sisters,” believed it meant full-blooded siblings and intended only their lineal descendants would benefit from the trusts. These are all factual findings for the trial court to make. [¶36] The trial court in its memorandum opinion made the following findings of fact after its discussion of the law of interpretation and reformation of trusts and the testimony at trial: FINDINGS OF FACT
of Property. The following is added to the end of clause (vii) of paragraph 6C(5) of the Agreement: “Notwithstanding the foregoing, no sale, lease, transfer or other disposition of Property during the fiscal year ended December 31, 2008 and after the Amendment No. 3 Effective Date shall be permitted under this clause (vii) other than sales, leases, transfers and dispositions of Property for consideration not exceeding $20,000,000 in the aggregate, in each case only if consummated in accordance with the waivers given under the Waiver and Letter Amendment No. 3 to this Agreement.”
of Property. (a)On or prior to the earlier of (i) Substantial Completion, or (ii) the occupancy of a Residential Unit pursuant to a closing under a bona fide sale contract or a Lease, Borrower shall engage Manager as the manager of the Property, pursuant to, and in accordance with, the terms of a Management Agreement in form and substance reasonably acceptable to Lender in all respects. Any Manager engaged by (or on behalf of) Borrower pursuant to the foregoing and any replacement thereof must be a Qualified Manager at all times during the term of such engagement so long as the Loan remains outstanding. Simultaneously with such engagement or replacement, Borrower shall cause Manager to deliver to Lender an executed original of an Assignment of Management Agreement in substantially the form attached hereto as Exhibit I, which in each case has been acknowledged and countersigned by Borrower and Manager, together with a certified true, correct and complete copy of the final executed Management Agreement in the form approved by Lender in accordance with this Agreement and any other documentation, certificates or information as Lender may reasonably request in connection with the foregoing. Borrower shall (1) use commercially reasonable efforts to cause Manager to promptly perform and/or observe all of the covenants and agreements required to be performed and observed by Manager under the Management Agreement and do all things necessary to preserve and to keep unimpaired its material rights thereunder, (2) promptly notify Lender of any material default” by Borrower or Manager under the Management Agreement of which it is aware; (3) promptly deliver to Lender a copy of each financial statement, business plan, capital expenditures plan, notice, report and estimate received by it under the Management Agreement; and (4) enforce the performance and observance of all of the covenants and agreements required to be performed and/or observed by Manager under the Management Agreement, in a commercially reasonable manner.
of Property. You shall whenever requested by the Company and in any event upon the termination of this agreement, promptly deliver to the Company all Confidential Information, Material, lists of customers, correspondence and all other documents, records, papers, video tapes, compact discs, computer disks and records and property (including any security tags), which may have been prepared by you or the Consultant or have come into the possession, custody or control of you or the Consultant in the course of or as a result of providing the Services. You and the Consultant are not entitled to, and must not retain, any copies (in electronic form or otherwise) of any documents or information received or created by you and/or the Consultant in the course of providing the Services and you and the Consultant must permanently delete such documentation or information from any hard drive or computer system used by you and/or the Consultant but not owned by the Company and certify to the reasonable satisfaction of the Company that you have done so. You shall procure that the Consultant complies with the terms set out in this clause.
of Property. Upon termination of the employment contract, the employee shall immediately return to Xxxxxxx.xxx Holding all property belonging to Xxxxxxx.xxx Holding, including materials, documents and information copied in any form whatsoever.
of Property. The Company will not sell, lease, transfer or otherwise dispose of, or permit any Subsidiary to sell, lease, transfer or otherwise dispose of, any of its Property, except for the following:
