Common use of Business Properties Clause in Contracts

Business Properties. 23.1 A Transferred Company or a Selling Entity is in actual occupation of each of the Business Properties on an exclusive basis and no other person has any right (actual or contingent) to possession, occupation or use of or interest in the Business Properties. 23.2 The leases, underleases, tenancies, licences, grants, easements, mortgages, hypothecs and debentures affecting the Business Properties are listed and described in Attachment 8 (Properties). 23.3 No Business Property is subject to any matter which prevents the Transferred Company or the Selling Entities to carrying on the Business from that Business Property in the manner in which the Business is now carried on. 23.4 Subject to ordinary wear and tear and maintenance requirements, (a) the Business Properties are in adequate repair condition so as to be fit for the purpose for which they are used and (b) there are no structural or other material defects affecting the Business Properties. 23.5 No Transferred Company or Selling Entity is in breach of any material restriction, covenant or obligation which adversely affects the Business Properties. 23.6 The Existing Companies and SGI have good and marketable title (legal and beneficial) to the Business Properties that they own (the “Owned Business Properties”), free and clear of any Encumbrances, other than the Encumbrances listed and described in Attachment 8 (Properties). 23.7 There are no Encumbrances (other than Permitted Encumbrances and the Encumbrances listed and described in Attachment 8 (Properties)) which may adversely affect the value of the Owned Business Properties or the proper use and enjoyment of it for the purpose of the Business Activity now being carried at the Owned Business Properties. 23.8 As of the date hereof, there are no material disputes concerning boundaries, easements, covenants or other matters relating to the Owned Business Properties or their use and occupation and there are no pending or threatened in writing material disputes, actions, claims or demands in respect of the Owned Business Properties. 23.9 All developments carried out in relation to the Owned Business Property have been in material compliance with Applicable Law.

Business Properties. 23.1 A Transferred Company or a Selling Entity is in actual occupation of each of the Business Properties on an exclusive basis and no other person has any right (actual or contingent) to possession, occupation or use of or interest in the Business Properties. 23.2 The leases, underleases, tenancies, licences, grants, easements, mortgages, hypothecs and debentures affecting the Business Properties are listed and described in Attachment 8 (Properties). 23.3 No Business Property is subject to any matter which prevents the Transferred Company or the Selling Entities to carrying on the Business from that Business Property in the manner in which the Business is now carried on. 23.4 Subject to ordinary wear and tear and maintenance requirements, (a) the Business Properties are in adequate repair condition so as to be fit for the purpose for which they are used and (b) there are no structural or other material defects affecting the Business Properties. 23.5 No Transferred Company or Selling Entity is in breach of any material restriction, covenant or obligation which adversely affects the Business Properties. 23.6 The Existing Companies and SGI have good and marketable title (legal and beneficial) to the Business Properties that they own (the “Owned Business Properties”), free and clear of any Encumbrances, other than the Encumbrances listed and described in Attachment 8 (Properties). 23.7 There are no Encumbrances (other than Permitted Encumbrances and the Encumbrances listed and described in Attachment 8 (Properties)) which may adversely affect the value of the Owned Business Properties or the proper use and enjoyment of it for the purpose of the Business Activity now being carried at the Owned Business Properties. 23.8 As of the date hereofDecember 2, 2020, there are was no material disputes concerning boundaries, easements, covenants or other matters relating to the Owned Business Properties or their use and occupation and there are no pending or threatened in writing material disputes, actions, claims or demands in respect of the Owned Business Properties. 23.9 All developments carried out in relation to the Owned Business Property have been in material compliance with Applicable Law.