Common use of Certain Properties Clause in Contracts

Certain Properties. Neither the Company nor any Company Subsidiary owns any real estate. Schedule 4.10 sets forth all of the real property leased to the Company or any Company Subsidiary and specifies 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, and the approximate square footage of improvements which are leased, as specified in each lease. The Company and Alleghany have delivered to HTI Acquisition (i) a copy of each lease by which the Company or any Company Subsidiary acquired its interest in the real estate described in Schedule 4.10 and (ii) to the extent in the possession of the Company, any of the Company Subsidiaries or Alleghany, a copy of all certificates of occupancy for the improvements on the real estate described in Schedule 4.10 and a copy of any variance granted with respect to any of such real estate described in Schedule 4.10, all of which documents are true and complete copies thereof as in effect on the date hereof, except as may otherwise be set forth in Schedule 4.10. Neither the Company nor any Company Subsidiary nor Alleghany has received any written notice from any Governmental Authority, with respect to any of the real estate described in Schedule 4.10 alleging a violation of Applicable Law which is the responsibility of the Company or any of the Company Subsidiaries to cure under a lease and which has not been cured. Except as set forth in Schedule 4.10 there is no sublease, occupancy agreement or like instrument to which the Company or any Company Subsidiary is a party with respect to any of the real estate described in Schedule 4.10. Each lease pursuant to which the Company or any Company Subsidiary leases any real property is in full force and effect and, to the Company's knowledge, is valid and enforceable in accordance with its terms. There is not under any such lease any default by the Company or any Company Subsidiary with regard to the payment of rent or any other material default including, without limitation, any default that could be a basis for termination of the lease. To the Company's Knowledge, there is no other default under any such lease by the Company or any Company Subsidiary, nor has there occurred any event that with notice or lapse of time or both would constitute such a default by the Company or any Company Subsidiary. To the Company'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 such party.