Common use of Real Property Owned or Leased Clause in Contracts

Real Property Owned or Leased. (a) A list and description of all real property leased to the Company or any of its Subsidiaries is set forth on Schedule 3.09 hereto (the “Real Property”). Neither the Company nor any of its Subsidiaries owns any real property. 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 (or its relevant Subsidiary). True and complete copies of all such leases, together with any amendments thereto, have been made available to the Purchaser. To the knowledge of the Company, there is no default or claimed or purported or alleged default or state of facts which with notice or lapse of time or both would constitute a 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 on Schedule 3.09 hereto. Neither the Company, any of its Subsidiaries nor any of the Stockholders has received any written or oral notice to the effect that any lease will not be renewed at the termination of the term thereof or that any such lease will be renewed only at a substantially higher rent.

Appears in 1 contract

Samples: Stock Purchase Agreement (Creative Vistas Inc)

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Real Property Owned or Leased. (a) A list and description of all real property owned by or leased to or by either of the Company Companies or in which either of the Companies has any of its Subsidiaries interest is set forth on Schedule 3.09 hereto (the “Real Property”in Exhibit II(H). Neither the Company nor any of its Subsidiaries owns any real property. All such leased Real Property 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 either of the Company (Companies, except for such defaults, if any, as are not material in character, amount or its relevant Subsidiary)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 either of the Companies or the operations of the Business. True and complete copies Neither of all such leases, together with the Companies nor any amendments thereto, have been made available to of the Purchaser. To the Shareholders has any knowledge of the Company, there is no 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 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 on Schedule 3.09 heretoin Exhibit II(H). Neither of the Company, any of its Subsidiaries Companies nor any of the Stockholders Shareholders has received any written or oral notice to the effect that any lease will not be renewed at the termination of the term thereof or that any such lease will be renewed only at a substantially higher rent.

Appears in 1 contract

Samples: Agreement (Novacare Employee Services Inc)

Real Property Owned or Leased. (a) The Company does not own any real property. A list and description of all real property leased to the Company or any of its Subsidiaries is set forth on Schedule 3.09 hereto 3.11 of the Disclosure Schedule (the "Real Property"). Neither the Company nor any of its Subsidiaries owns any real property. All such leased Real Property is held subject to written leases or other agreements which are set forth and identified on Schedule 3.13 of the Disclosure Schedule, and which are valid and effective enforceable in accordance with their respective termsterms (subject to the Equitable Exceptions), and there are no existing defaults or events of default, or or, to the Company's knowledge, events which with notice or lapse of time or both would constitute defaults, thereunder on the part of the Company (or its relevant Subsidiary). True and complete copies of all such leases, together with any amendments thereto, have been made available to the PurchaserCompany. To the knowledge of Company's knowledge, there has not been any default or a writing claiming or purporting or alleging default or, to the Company's knowledge, there is no default or claimed or purported or alleged default or state of facts which with notice or lapse of time or both would constitute a 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 on Schedule 3.09 hereto. Neither the Company, any of its Subsidiaries nor any 3.13 of the Stockholders Disclosure Schedule. The Company has not received any written or or, to the Company's knowledge, oral notice to the effect that any lease referred to on Schedule 3.13 of the Disclosure Schedule will not be renewed at the termination of the term thereof or that any such lease will be renewed only at a substantially higher rent.

Appears in 1 contract

Samples: Agreement and Plan of Merger (TLC Vision Corp)

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Real Property Owned or Leased. (a) A complete and accurate list and description of all real property leased to the Company or in which the Company has any of its Subsidiaries interest is set forth on Schedule 3.09 hereto (the “Real Property”)3.10 hereto. Neither the The Company nor any of its Subsidiaries owns does not own and has never owned any real property. All such leased Real Property real property is held subject to written leases or other written agreements which are valid and effective in all material respects in accordance with their respective terms against the Company and, to the knowledge of each of the Management Stockholders, are valid and effective in accordance with their respective termsterms against the other parties thereto, subject in each case as to enforceability to applicable bankruptcy, insolvency, reorganization and there similar laws affecting creditors' rights and to general principles of equity. 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 (or its relevant Subsidiary). True and complete copies of all such leasesor, together with any amendments thereto, have been made available to the Purchaser. To the knowledge of any of the CompanyManagement Stockholders, there is no default or claimed or purported or alleged default or state of facts which with notice or lapse of time or both would constitute a default on the part of any other party thereto, except for defaults which have not had and would not reasonably be likely to have, individually or in the performance of any obligation to be performed or paid by such other party under any lease referred to on Schedule 3.09 heretoaggregate, a Material Adverse Effect. Neither the Company, any of its Subsidiaries nor any of the Stockholders The Company has not received any written or oral notice to the effect that any lease will not be renewed at the termination of the term thereof or that any such lease will be renewed only at a substantially higher rent.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Norton McNaughton Inc)

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