Common use of Condition of Personal Property Clause in Contracts

Condition of Personal Property. SCHEDULE 4.16 sets forth a list of all equipment and other items of tangible personal property used by Sherman Oaks in the operation of the Hospital and to be purchased by ▇▇▇▇▇▇ Valley Operator (the "Personal Property"). Except as set forth on SCHEDULE 4.16, upon the closing of the transaction under the Sherman Oaks Purchase Agreement, Desert Valley Operator may grant Ac▇▇▇▇▇▇▇on Sub a first priority security interest in and to the Personal Property. SCHEDULE 4.16 sets forth an accurate and complete list of all leases of personal property used in the operation of the Hospital (the "Personal Property Leases"). The Seller Parties have made available the Purchaser Parties with complete, correct and current copies of all of the Personal Property Leases. Except as set forth on SCHEDULE 4.16: (i) the Seller Parties may, upon the closing of the transaction under the Sherman Oaks Purchase Agreement, grant a first priority security int▇▇▇▇▇ ▇n the Personal Property Leases to the Acquisition Sub, (ii) the Personal Property Leases have not been modified, amended or assigned, are legally valid, binding and enforceable in accordance with their respective terms and are in full force and effect; (iii) there are no monetary defaults and no material nonmonetary defaults by any party to the Personal Property Leases; and (iv) to the Knowledge of Seller Parties, no condition or event has occurred which with the passage of time or the giving of notice or both would constitute a default or breach by any Party of the terms of any Personal Property Lease. Except as set forth on SCHEDULE 4.16, all Personal Property is in good operating condition and repair, ordinary wear and tear excepted, and is located on the Real Property.

Condition of Personal Property. SCHEDULE Schedule 4.16 sets forth a list of all equipment and other items of tangible personal property used by Sherman Oaks in the operation of the Hospital and to be purchased by ▇▇▇▇▇▇▇▇▇ Valley Operator and ▇▇▇▇▇▇ Springs Operator in the operation of their respective Hospitals (the "Personal Property"). Except as set forth on SCHEDULE Schedule 4.16, upon the closing of the transaction under the Sherman Oaks Purchase Agreement, Desert Valley Operator may grant Ac▇▇▇▇▇▇▇▇▇ Operator and ▇▇▇▇▇▇ Springs Operator have good, clear and indefeasible title to and ownership of all of their respective Personal Property, subject only to the Liens set forth on Sub Schedule 4.16, and may grant a first second priority security interest in and to the their respective Personal Property. SCHEDULE Schedule 4.16 sets forth an accurate and complete list of all leases of personal property used in the operation of the Hospital Hospitals (the "Personal Property Leases"). The Seller Parties have made available provided the Purchaser Parties with complete, correct and current copies of all of the Personal Property Leases. Except as set forth on SCHEDULE Schedule 4.16: (i) the Seller Parties may, upon the closing of the transaction under the Sherman Oaks Purchase Agreement, grant a first priority security int▇▇▇▇▇▇▇▇▇ Operator and ▇n the ▇▇▇▇▇ Springs Operator may grant a second priority security interest in their respective Personal Property Leases to the Acquisition SubLeases, (ii) the Personal Property Leases have not been modified, amended or assigned, are legally valid, binding and enforceable against ▇▇▇▇▇▇▇▇▇ Operator and ▇▇▇▇▇▇ Springs Operator (and, to the Seller Parties' Knowledge, against the other parties to such Personal Property Leases) in accordance with their respective terms and are in full force and effect; (iii) there are no monetary defaults and no material nonmonetary defaults by either ▇▇▇▇▇▇▇▇▇ Operator or ▇▇▇▇▇▇ Springs Operator, to the Seller Parties' Knowledge, or any other party to the Personal Property Leases; and (iv) to the Knowledge no Seller Party has received notice of Seller Partiesany default, offset, counterclaim or defense under any Personal Property Lease; and (v) no condition or event has occurred which with the passage of time or the giving of notice or both would constitute a default or breach by any Party either ▇▇▇▇▇▇▇▇▇ Operator or ▇▇▇▇▇▇ Springs Operator of the terms of any Personal Property Lease. Except as set forth on SCHEDULE Schedule 4.16, all personal property, whether owned by ▇▇▇▇▇▇▇▇▇ Operator and ▇▇▇▇▇▇ Springs Operator or subject to any Personal Property Lease, is in good operating condition and repair, ordinary wear and tear excepted, and is located on the Real Property.

Condition of Personal Property. SCHEDULE Schedule 4.16 sets forth a list of all equipment and other items of tangible personal property used by Sherman Oaks Desert Valley Operator in the operation of the Hospital and to be purchased by ▇▇▇▇▇▇ Valley Operator the MOB (the "Personal Property"). Except as set forth on SCHEDULE Schedule 4.16, upon the closing of the transaction under the Sherman Oaks Purchase Agreement, Desert Valley Operator has good, clear and indefeasible title to and ownership of all of the Personal Property, free and clear of all Liens, and may grant Ac▇▇▇▇▇▇▇on Acquisition Sub a first priority security interest in and to the Personal Property. SCHEDULE Schedule 4.16 sets forth an accurate and complete list of all leases of personal property used in the operation of the Hospital (the "Personal Property Leases"). The Seller Parties have made available provided the Purchaser Parties with complete, correct and current copies of all of the Personal Property Leases. Except as set forth on SCHEDULE Schedule 4.16: (i) the Seller Parties may, upon the closing of the transaction under the Sherman Oaks Purchase Agreement, Desert Valley Operator may grant a first priority security int▇▇▇▇▇ ▇n interest in the Personal Property Leases to the Acquisition Sub, (ii) the Personal Property Leases have not been modified, amended or assigned, are legally valid, binding and enforceable against Desert Valley Operator (and, to the Seller Parties' Knowledge, against the other parties to such Personal Property Leases) in accordance with their respective terms and are in full force and effect; (iii) there are no monetary defaults and no material nonmonetary defaults by Desert Valley Operator, to the Seller Parties' Knowledge, any other party to the Personal Property Leases; and (iv) to the Knowledge no Seller Party has received notice of Seller Partiesany default, offset, counterclaim or defense under any Personal Property Lease; and (v) no condition or event has occurred which with the passage of time or the giving of notice or both would constitute a default or breach by any Party Desert Valley Operator of the terms of any Personal Property Lease. Except as set forth on SCHEDULE Schedule 4.16, all personal property, whether owned by Desert Valley Operator or subject to any Personal Property Lease, is in good operating condition and repair, ordinary wear and tear excepted, and is located on the Real Property.

Condition of Personal Property. SCHEDULE Schedule 4.16 sets forth a list of all equipment and other items of tangible personal property used by Sherman Oaks Ocadian in the operation of the Hospital and to be purchased by ▇▇▇▇▇▇ Valley Operator Vibra (the "Personal Property"). Except as set forth on SCHEDULE Schedule 4.16, upon the closing of the transaction under the Sherman Oaks Purchase Agreement, Desert Valley Operator at Closing Vibra may grant Ac▇▇▇▇▇▇▇on Acquisition Sub a first priority security interest in and to the Personal Property. SCHEDULE Schedule 4.16 sets forth an accurate and complete list of all leases of personal property used in the operation of the Hospital (the "Personal Property Leases"). The Seller Parties have made available the Purchaser Parties with complete, correct and current copies of all of the Personal Property Leases. Except as set forth on SCHEDULE Schedule 4.16: (i) the Seller Parties may, upon the closing of the transaction under the Sherman Oaks Ocadian Purchase Agreement, grant a first priority security int▇▇▇▇▇ ▇n interest in the Personal Property Leases to the Acquisition Sub, (ii) the Personal Property Leases have not been modified, amended or assigned, are legally valid, binding and enforceable in accordance with their respective terms and are in full force and effect; (iii) there are no monetary defaults and no material nonmonetary defaults by any party to the Personal Property Leases; and (iv) to the Knowledge of Seller Parties, no condition or event has occurred which with the passage of time or the giving of notice or both would constitute a default or breach by any Party of the terms of any Personal Property Lease. Except as set forth on SCHEDULE Schedule 4.16, all Personal Property is in good operating condition and repair, ordinary wear and tear excepted, and is located on the Real Property.