Common use of Certain Properties Clause in Contracts

Certain Properties. The Companies own no real estate. Seller has (i) attached a schedule (Schedule 4.9) setting forth all personal property and real estate leased by the Companies and, in the case of real estate, the location of each property, the use of the facility thereon, the name of the owner or the names of the lessor and the lessee, the square footage of improvements and the acreage of land, and (ii) previously provided a copy of each lease by which the Companies acquired its interest in the personal property described in Schedule 4.9, all of which documents are true and complete copies thereof as in effect on the date hereof. No Company has received any written notice from any governmental agency, board, bureau, body, department or authority of any United States or foreign jurisdiction with respect to any of the real estate described in Schedule 4.9. Except as set forth in Schedule 4.9 there is no easement, right-of-way agreement, license, sublease, occupancy agreement, or like instrument with respect to any of the real estate described in Schedule 4.9. Each lease pursuant to which any Company leases any real or personal property is in full force and effect and is valid and enforceable in accordance with its terms. There is not under any such lease any default by any Company; or any event that with notice or lapse of time or both would constitute such a default by any Company; all of such events, if any, are set forth in Schedule 4.9. To the best of Seller’s knowledge, there is not under any such lease any default by any other party thereto or any event that with notice or lapse of time or both would constitute such a default thereunder by any Company, or any other party. Each property used in the business of each Company is reflected in the consolidated balance sheet of each Company as at June 30, 2015 referred to in Section 4.5 in the manner and to the extent required by generally accepted accounting principles.