Common use of Assets Other Than Real Property Clause in Contracts

Assets Other Than Real Property. (a) In addition to the items listed on Part 2 of Schedule 3.12, the Company and the Company Subsidiaries have sole and exclusive ownership of, and good and valid title to, all other assets (movable property) reflected on the Company Balance Sheet or thereafter acquired, except those sold or otherwise disposed of for fair value since the date of the Company Balance Sheet in the ordinary course of business consistent with past practice and not in violation of this Agreement, in each case free and clear of all Liens except for (i) Liens that do not, individually or in the aggregate, materially impair in any manner the continued use and operation of the assets or properties to which they relate in the business of the Company and the Company Subsidiaries ("Permitted Liens") and (ii) the Liens described in Schedule 3.13(a); and these assets (movable property) are the only assets (movable property) that are materially necessary in the operation of the businesses conducted by the Company and each of the Company Subsidiaries. (b) All of the movable property of the Company and the Company Subsidiaries (i) is located within the Russian Federation, (ii) has been maintained in accordance with the past practice of the Company and the Company Subsidiaries and generally accepted industry practice, and (iii) is in good operating condition and repair, ordinary wear and tear excepted. All leased movable property of the Company and each Company Subsidiary is in the condition required of such property by the terms of the lease currently applicable thereto. (c) Except as described in Schedule 3.13(c), there are no developments affecting any movable property or assets of the Company or the Company Subsidiaries pending or threatened which may detract from the value, interfere with any present or intended use, or adversely affect the marketability of any such movable property or assets.

Assets Other Than Real Property. (a) In addition to the items listed on Part 2 of Schedule those assets addressed in Section 3.12, the Company and the Company Subsidiaries have sole and exclusive ownership of, and good and valid title to, all other assets (movable property) reflected on the Russian Company Balance Sheet or thereafter acquired, except those sold or otherwise disposed of for fair value since the date of the Russian Company Balance Sheet in the ordinary course of business consistent with past practice and not in violation of this Agreement, in each case free and clear of all Liens except for (iLiens listed in Schedule 3.13(a) and Liens that do not, individually or in the aggregate, materially impair in any manner the continued use and operation of the assets or properties to which they relate in the business Business of the Company and the Company Subsidiaries ("“Permitted Liens") and (ii) ). Other than as listed on the Liens described in Schedule 3.13(a); and these Russian Company Balance Sheet, there are no other assets (movable property) are of the only assets (movable property) Company or any of the Company Subsidiaries that are materially necessary in the operation of the businesses conducted by the Company and each of the Company Subsidiaries, except for the leased assets listed in Schedule 3.13(a). (b) All of the assets (movable property property) of the Company and the Company Subsidiaries Subsidiaries, including leased assets (i) is are located within the Russian Federation, (ii) has have been maintained in accordance with the past practice of the Company and the Company Subsidiaries and generally accepted industry practicepractice applicable in the Russian Federation, and (iii) is are in reasonably good operating condition and repair, ordinary wear and tear excepted. All leased assets (movable property property) of the Company and each Company Subsidiary is are in the condition required of such property by the terms of the lease currently applicable thereto. (c) Except as described in Schedule 3.13(c), there are no developments affecting any movable . This Section 3.13 does not relate to real property or interests in real property (immovable property) and assets characterized as Intellectual Property, such items being the subject of the Company or the Company Subsidiaries pending or threatened which may detract from the valueSection 3.14 and Section 3.15, interfere with any present or intended use, or adversely affect the marketability of any such movable property or assetsrespectively.