Certain Properties. Schedule 5.9 sets forth all real estate either leased to the Company or owned by the Company and all personal property leased, orally or in writing, to the Company and specifies, 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. Sellers have delivered to Buyer: (i) a copy of each lease by which the Company acquired title to or its interest in the leased real estate described in Schedule 5.9, (ii) a copy of all title abstracts and title insurance policies the Company has for the real estate described in Schedule 5.9, (iii) a copy of the most recent survey or surveys the Company has for the real estate described in Schedule 5.9, (iv) a copy of all certificates of occupancy for the improvements on the real estate described in Schedule 5.9 and a copy of any variance granted with respect to any of such real estate described in Schedule 5.9 pursuant to applicable zoning laws or ordinances and (v) a copy of each lease by which the Company acquired its interest in the personal property described in Schedule 5.9, all of which documents are true and complete copies thereof as in effect on the date hereof. The Company has not received any written notice from any governmental agency, board, bureau, body, department or authority of any United States or foreign jurisdiction, with respect to the use of any of the real estate described in Schedule 5.9. Except as set forth in Schedule 5.9, 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 5.9. Each lease pursuant to which the 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 the Company, or any event that with notice or lapse of time or both would constitute such a default by the Company and with respect to which the Company has not taken adequate steps to prevent such default from occurring; all of such events, if any, and the aforesaid steps taken by the Company are set forth in Schedule 5.9. 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 the Company or any other party. Each property used in the business of the Company is reflected in the April '97 Financials in the manner and to the extent required by generally accepted accounting principles.
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Certain Properties. Schedule SCHEDULE 5.9 sets forth all real estate either leased to the Company or owned by (collectively the Company "Real Properties") and all personal property leased, orally or in writing, leased to the Company and specifies, 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. Sellers have Seller has delivered to Buyer:
Buyer (i) a copy of each the lease by which the Company acquired title to or its interest in the leased real estate described in Schedule SCHEDULE 5.9,
; (ii) a copy of all title abstracts and title insurance policies the Company has for the real estate described in Schedule SCHEDULE 5.9,
; (iii) a copy of the most recent survey or surveys the Company has for the real estate described in Schedule SCHEDULE 5.9,
; (iv) a copy of all certificates of occupancy for the improvements on the real estate described in Schedule SCHEDULE 5.9 and a copy of any variance granted with respect to any of such real estate described in Schedule SCHEDULE 5.9 pursuant to applicable zoning laws or ordinances and
ordinances; and (v) a copy of each lease by which the Company acquired its interest in the personal property described in Schedule SCHEDULE 5.9, all of which documents are true and complete copies thereof as in effect on the date hereof. The Company has not received any written notice from any governmental agency, board, bureau, body, department or authority of any United States or foreign jurisdiction, with respect to the ownership or use of any of the real estate described in Schedule SCHEDULE 5.9. Except as set forth in Schedule SCHEDULE 5.9, there is no easement, right- right-of-way agreement, license, sublease, occupancy agreement or like instrument with respect to any of the real estate described in Schedule SCHEDULE 5.9. Each lease pursuant to which the 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 the Company, or any event that with notice or lapse of time or both would constitute such a default by the Company and with respect to which the Company has not taken adequate steps to prevent such default from occurring; , all of such events, if it any, and the aforesaid steps taken by the Company are set forth in Schedule 5.9. There SCHEDULE 5.9 and 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 thereunder, by the Company or any other party. Each property used in the business of the Company is reflected in the April '97 Financials balance sheet of the Company as at December 31, 2005 referred to in Section 5.5 in the manner and to the extent required by generally accepted accounting principles. The building, plants, structures, and equipment of the Company are sufficient for the continued conduct of the Company's business after the Closing in substantially the same manner as conducted prior to the Closing.
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