Common use of Real Property Owned or Leased Clause in Contracts

Real Property Owned or Leased. A list and legal description of any real property (together with any improvements thereon) leased to or by the Company or in which Company has any interest, is set forth at Schedule 4.08 hereto. All such leased real property is held subject to written leases or other agreements which are valid and effective in accordance with their respective terms, and there are no existing defaults or events of default, or events which, with notice or lapse of time or both, would constitute defaults, thereunder on the part of the Company, except for such defaults, if any, which are not material (including, without limitation, “Material”) in character, amount or extent and do not, severally or in the aggregate, materially detract from the value or interfere with the present use of the property subject to such lease or affect the validity, enforceability or assignability of such lease or otherwise materially impair the Business of the Company. Neither the Company nor the Seller has any Knowledge of any default or claimed or purported or alleged default or state of facts which, with notice or lapse of time or both, would constitute a material default on the part of any other party in the performance of any obligation to be performed or paid by such other party under any lease referred to in, or submitted as a part of, Schedule 4.08 hereto. Except as set forth in Schedule 4.14 hereto, the transfer of the Shares and the consummation of the Transaction contemplated by this SPA will in no way affect the continuation, validity and effectiveness of any such lease or require the Consent of any third party under any such lease. The Company has furnished to the Buyer true and correct copies of all leases, deeds, title reports and legal descriptions of the real property referred to or set forth at Schedule 4.08 hereto.

Real Property Owned or Leased. A list and legal description of any real property (together with any improvements thereon) leased to or by the Company or in which Company has any interest, is set forth at Schedule 4.08 hereto. All such leased real property is held subject to written leases or other agreements which are valid and effective in accordance with their respective terms, and there are no existing defaults or events of default, or events which, which with notice or lapse of time or both, both would constitute defaults, thereunder on the part of the Company, except for such defaults, if any, which are not material (including, without limitation, “Material”) in character, amount or extent and do not, severally or in the aggregate, materially detract from the value or interfere with the present use of the property subject to such lease or affect the validity, enforceability or assignability of such lease or otherwise materially impair the Business of the Company. Neither the Company nor the Seller has any Knowledge of any default or claimed or purported or alleged default or state of facts which, with notice or lapse of time or both, would constitute a material default on the part of any other party in the performance of any obligation to be performed or paid by such other party under any lease referred to in, in or submitted as a part of, of Schedule 4.08 hereto. Except as set forth in Schedule 4.14 hereto, the transfer of the Shares and the consummation of the Transaction contemplated by this SPA will in no way affect the continuation, validity and effectiveness of any such lease or require the Consent of any third party under any such lease. The Company has furnished to the Buyer true and correct copies of all leases, deeds, title reports and legal descriptions of the real property referred to or set forth at Schedule 4.08 hereto.

Real Property Owned or Leased. A list and legal description of any all real property (together with any improvements thereon) owned by or leased to or by the Company or in which the Company has any interest, interest is set forth at Schedule 4.08 heretoin the Company Disclosure Schedule. All such leased real property is held subject to written leases or other agreements which are valid and effective in accordance with their respective terms, and and, to the best knowledge of the Company, there are no existing defaults or events of default, or events which, which with notice or lapse of time or both, both would constitute defaults, thereunder on the part of the Company, except for such defaults, if any, which as are not material (including, without limitation, “Material”) in character, amount or extent and do not, severally or in the aggregate, materially detract from the value or interfere with the present use of the property subject to such lease or affect the validity, validity or enforceability or assignability of such lease or otherwise materially impair the Business Company or the operations of the CompanyBusiness. Neither the The Company nor the Seller has any Knowledge no knowledge of any material default or claimed or purported or alleged material default or state of facts which, which with notice or lapse of time or both, both would constitute a material default on the part of any other party in the performance of any obligation to be performed or paid by such other party under any lease referred to in, or submitted as a part of, Schedule 4.08 hereto. Except as set forth in Schedule 4.14 hereto, the transfer of the Shares and the consummation of the Transaction contemplated by this SPA will in no way affect the continuation, validity and effectiveness of any such lease or require the Consent of any third party under any such leaseCompany Disclosure Schedule. The Company has furnished not received any written or oral notice to the Buyer true and correct copies of all leases, deeds, title reports and legal descriptions effect that any lease will not be renewed at the termination of the real property referred to term thereof or set forth that any such lease will be renewed only at Schedule 4.08 heretoa substantially higher rent; provided, however, that no representation, warranty or assurance is made that any lease will actually be renewed by the landlord thereof.

Real Property Owned or Leased. A list and legal description (a) The Company has never owned, nor has any of its predecessors ever owned, any real property. Section 3.10(a) of the Disclosure Schedule contains a list of all real property (together with any improvements thereon) leased to or by the Company (the “Leased Real Property”) and all leases covering the Leased Real Property and all amendments, modifications or supplements thereto (collectively, the “Leases”). Section 3.10(a) sets forth, with respect to each Lease, (i) the name of the lessor, (ii) any requirement of consent of the lessor to assignment (including assignment by way of merger, sale of stock or change of control), (iii) the termination date of such Lease, (iv) notice requirements with respect to termination, (v) the annual rental and other payments thereunder and (vi) any renewal or purchase terms thereof. The Company is the owner and holder of all the leasehold estates purported to be granted by each Lease, and all Leases are in which Company has any interestfull force and effect and are the legal, is set forth at Schedule 4.08 hereto. All such leased real property is held subject to written leases or other agreements which are valid and effective binding obligation of the Company and of each other party thereto enforceable in accordance with their respective terms, and neither the Company nor, to the knowledge of the Company, the other party or parties thereto is or are in default thereunder and there are exists no existing defaults event, condition or events of default, occurrence which (with or events which, with without due notice or lapse of time time, or both, ) would constitute defaultssuch a default or alleged default by the Company or, thereunder on to the part knowledge of the Company, except for such defaults, if any, which are not material (including, without limitation, “Material”) in character, amount the other party or extent and do not, severally or in the aggregate, materially detract from the value or interfere with the present use parties thereto of any of the property subject to such lease or affect the validity, enforceability or assignability of such lease or otherwise materially impair the Business of the Company. Neither the Company nor the Seller has any Knowledge of any default or claimed or purported or alleged default or state of facts which, with notice or lapse of time or both, would constitute a material default on the part of any other party in the performance of any obligation to be performed or paid by such other party under any lease referred to in, or submitted as a part of, Schedule 4.08 heretoforegoing. Except as set forth in Schedule 4.14 hereto, the transfer Section 3.10(a) of the Shares Disclosure Schedule, no consent of, or notice to, any Person is required under any Lease as a result of or in connection with, and the consummation of the Transaction contemplated by this SPA will in no way affect the continuation, validity and effectiveness terms or enforceability of any such lease Lease will not be affected in any manner by, the execution, delivery and performance of this Agreement or require any Related Agreement, or the Consent of any third party under any such leasetransactions contemplated hereby or thereby. The Company has furnished delivered to the Buyer Parent true and correct complete copies of all leases, deeds, title reports and legal descriptions of the real property referred to or set forth at Schedule 4.08 heretoLeases.