Common use of Real Estate Leases Clause in Contracts

Real Estate Leases. Schedule 6.11 sets forth, as of the Closing Date, a correct and complete list of all Real Estate owned by the Borrower and all Real Estate owned by any of its Subsidiaries, all leases and subleases of real or personal property held by the Borrower as lessee or sublessee (other than leases of personal property as to which the Borrower is lessee or sublessee for which the value of such personal property in the aggregate is less than $250,000), and all leases and subleases of real or personal property held by the Borrower as lessor, or sublessor. Each of such leases and subleases is valid and enforceable in accordance with its terms and is in full force and effect, and no default by any party to any such lease or sublease exists. The Borrower has good and marketable title in fee simple to the Real Estate identified on Schedule 6.11 as owned by the Borrower, or valid leasehold interests in all Real Estate designated therein as “leased” by the Borrower and the Borrower has good, indefeasible, and merchantable title to all of its other property reflected on the May 31, 2005 Financial Statements delivered to the Agent and the Lenders, except as disposed of in the ordinary course of business since the date thereof, free of all Liens except Permitted Liens.

Real Estate Leases. Schedule 6.11 6.10 sets forth, as of the Closing Date, forth a correct and complete list of all Real Estate owned by the Borrower and all Real Estate owned by any of its Subsidiarieseach Obligated Party, all leases and subleases of real or personal property held by the Borrower each Obligated Party as lessee or sublessee (other than leases of personal property as to which the Borrower it is lessee or sublessee for which the value of such personal property in the aggregate is less than $250,0001,000,000), and all leases and subleases of real or personal property held by the Borrower each Obligated Party as lessor, or sublessor. Each To the best of each Obligated Party's knowledge, each of such leases and subleases is valid and enforceable in accordance with its terms and is in full force and effect, and no default by any party to any such lease or sublease exists. The Borrower Each Obligated Party has good and marketable indefeasible title in fee simple to the Real Estate identified on Schedule 6.11 6.10 as owned by the Borrowersuch Obligated Party, or valid leasehold interests in all Real Estate designated therein as “"leased” " by the Borrower such Obligated Party, in each case free and the Borrower clear of any and all Liens except Permitted Liens. Each Obligated Party has good, indefeasible, and merchantable title to all of its other property reflected on the May October 31, 2005 2002 Financial Statements of the Parent and its Subsidiaries delivered to the Agent and the Lenders, except as disposed of in the ordinary course of business since the date thereof, free of all Liens except Permitted Liens.

Real Estate Leases. Schedule 6.11 sets forth, as of the Closing Date, a correct and complete list of all Real Estate owned by the Borrower Parent and all Real Estate owned by any of its Subsidiariesother Borrower, all leases and subleases of real or personal property Property held by the any Borrower as lessee or sublessee (other than leases of personal property Property as to which the any Borrower is lessee or sublessee for which the value of such personal property Property in the aggregate is less than $250,0002,000,000), and all leases and subleases of real or personal property Property held by the any Borrower as lessor, or sublessor. Each of such leases and subleases is valid and enforceable in accordance with its terms and is in full force and effect, and no default by any party to any such lease or sublease exists. The Borrower has Borrowers have good and marketable title in fee simple to the Real Estate identified on Schedule 6.11 as owned by the BorrowerBorrowers, or valid leasehold interests in all Real Estate designated therein as “leased” by the Borrower Borrowers and the Borrower has Borrowers have good, indefeasible, and merchantable title to all of its other property Property reflected on the May 31June 26, 2005 Financial Statements delivered to the Agent and the Lenders, except as disposed of in the ordinary course of business since the date thereof, free of all Liens except Permitted Liens.

Real Estate Leases. Schedule 6.11 sets forth, as As of the Closing Date, Schedule 7.10 sets forth a correct and complete list of all Real Estate owned by the Borrower and all Real Estate owned by any of its Subsidiarieseach Obligated Party, all leases and subleases of real or personal property held by the Borrower each Obligated Party as lessee or sublessee (other than leases of personal property as to which the Borrower such Obligated Party is lessee or sublessee for which the value of such personal property under any such lease in the aggregate is less than $250,00050,000), and all leases and subleases of real or personal property held by the Borrower each Obligated Party as lessor, or sublessor. Each of such leases and subleases is valid and enforceable in accordance with its terms and is in full force and effect, and no default by any party to any such lease or sublease exists. The Borrower Each Obligated Party has good and marketable indefeasible title in fee simple to the Real Estate identified on in Schedule 6.11 7.10 as owned “owned” by the Borrowersuch Obligated Party, or valid leasehold interests in all Real Estate designated therein identified in Schedule 7.10 as “leased” by the Borrower such Obligated Party, and the Borrower each Obligated Party has good, indefeasible, and merchantable title to all of its other property reflected on the May July 31, 2005 Financial Statements of the Parent and its Subsidiaries delivered to the Administrative Agent and the Lenders, except as disposed of in the ordinary course of business since the date thereof, free of all Liens except Permitted Liens.

Real Estate Leases. Schedule 6.11 sets forth, as of the First Amendment Closing Date, a correct and complete list of all Real Estate owned by the Borrower Parent and all Real Estate owned by any of its Subsidiariesother Borrower, all leases and subleases of real or personal property Property held by the any Borrower as lessee or sublessee (other than leases of personal property Property as to which the any Borrower is lessee or sublessee for which the value of such personal property Property in the aggregate is less than $250,0002,000,000), and all leases and subleases of real or personal property Property held by the any Borrower as lessor, or sublessor. Each of such leases and subleases is valid and enforceable in accordance with its terms and is in full force and effect, and no default by any party to any such lease or sublease exists. The Borrower has Borrowers have good and marketable title in fee simple to the Real Estate identified on Schedule 6.11 as owned by the BorrowerBorrowers, or valid leasehold interests in all Real Estate designated therein as “leased” by the Borrower Borrowers and the Borrower has Borrowers have good, indefeasible, and merchantable title to all of its other property Property reflected on the May 31June 28, 2005 2009 Financial Statements delivered to the Agent and the Lenders, except as disposed of in the ordinary course of business since the date thereof, free of all Liens except Permitted Liens.

Real Estate Leases. Schedule 6.11 sets forth, as of the Closing Date, forth a correct and complete list of all Real Estate owned by the Borrower Obligated Parties and all Real Estate owned by any of its their Subsidiaries, all leases and subleases of real or personal property held by the Borrower any Obligated Party as lessee or sublessee (other than leases of personal property as to which the Borrower such Obligated Party is lessee or sublessee for which the value of such personal property in the aggregate is less than $250,000), and all leases and subleases of real or personal property held by the Borrower Obligated Parties as lessor, or sublessor. Each of such leases and subleases is valid and enforceable in accordance with its terms and is in full force and effect, and no default by any party to any such lease or sublease exists. The Borrower Each Obligated Party has good and marketable title in fee simple to the Real Estate identified on Schedule 6.11 as owned “owned” by the Borrowersuch Obligated Party, or valid leasehold interests in all Real Estate designated therein as “leased” by the Borrower such Obligated Party and the Borrower each Obligated Party has good, indefeasible, and merchantable title to all of its other property reflected on the May 31, 2005 Financial Statements as of September 30, 2006, delivered to the Agent and the Lenders, except as disposed of in the ordinary course of business since the date thereof, free of all Liens except Permitted Liens.