Condition of Tangible Assets. Except as set forth in Schedule 3.7, all tangible property included in the Assets, including, without limitation, all equipment of Seller, is in good operating condition and repair, except for normal wear and tear, is not obsolete, and is available for immediate use in the regular and ordinary course of business. Seller has not delayed or deferred any maintenance or repair of the tangible Assets other than consistent with good industry practices.
Appears in 1 contract
Sources: Asset Purchase Agreement (Consolidated Capital of North America Inc)
Condition of Tangible Assets. Except as set forth on Schedule 2.8, the tangible Assets are in Schedule 3.7, all tangible property included in the Assets, including, without limitation, all equipment of Seller, is in good reasonable operating condition and repair, repair (except for normal ordinary wear and tear), is not obsolete, and is available are sufficient for immediate use the uses to which Seller uses them in the regular and ordinary course of business. Seller has not delayed or deferred any maintenance or repair business of the tangible Assets other than consistent Business, and conform with good industry practicesall applicable laws, regulations and ordinances.
Appears in 1 contract
Sources: Asset Purchase Agreement (Digital Generation Systems Inc)
Condition of Tangible Assets. Except as set forth in on Schedule 3.72.9, all the tangible property included in the Assets, including, without limitation, all equipment of Seller, is Assets are in good operating condition and repair, repair (except for normal ordinary wear and tear), is not obsolete, and is available are adequate for immediate use the uses to which they are being put in the regular and ordinary course of business. Seller has not delayed or deferred any maintenance or repair business of the tangible Business, and conform with all applicable laws, regulations and ordinances. On a Closing Date, the representation and warranty set forth in this Section 2.9 shall not apply to the Assets other than consistent with good industry practicesthat have already been transferred to Purchaser as provided in this Agreement.
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Condition of Tangible Assets. Except as set forth in on Schedule 3.72.9, all the tangible property included in the Assets, including, without limitation, all equipment of Seller, is Assets are in good operating condition and repair, repair (except for normal ordinary wear and tear), is not obsolete, and is available are adequate for immediate use the uses to which they are being put in the regular and ordinary course of business. Seller has not delayed or deferred any maintenance or repair business of the tangible Assets other than consistent Business, and conform with good industry practicesall applicable laws, regulations and ordinances.
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Condition of Tangible Assets. Except as set forth in Schedule 3.73.5, all tangible property included in the Assets, including, without limitation, all equipment of Seller, is in good operating condition and repair, except for normal wear and tear, is not obsolete, and is available for immediate use usable in the regular and ordinary course of business. Seller has not delayed or deferred any maintenance or repair of the tangible Assets other than consistent with good industry practices.
Appears in 1 contract
Sources: Asset Purchase Agreement (Consolidated Capital of North America Inc)
Condition of Tangible Assets. Except as set forth on Schedule 2.9., the tangible Assets are in Schedule 3.7, all tangible property included in the Assets, including, without limitation, all equipment of Seller, is in good operating condition and repair, except for normal ordinary wear and teartear excepted, is not obsolete, and is available are adequate for immediate use the uses to which they are being put in the regular and ordinary course of business. Seller has not delayed or deferred any maintenance or repair business of the tangible Assets other than consistent Business, and conform with good industry practicesall applicable laws, regulations and ordinances.
Appears in 1 contract