DESCRIPTION OF SUBJECT PROPERTY Clause Samples
DESCRIPTION OF SUBJECT PROPERTY. The property owned by Highwoods which is the subject of this Agreement is as follows:
(a) that tract containing approximately 5.459 acres of land and being described on Exhibit A (attached hereto and incorporated herein by reference), together with all right-of-ways and easements appurtenant thereto (said tract being commonly known as ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇-▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ and being hereinafter referred to as the “Land”).
(b) All of Highwoods’ right, title and interest in and to all rights, privileges, and easements appurtenant to the Land, including all water rights, rights-of-way, roadways, parking areas, roadbeds, alleyways and reversions or other appurtenances used in connection with the beneficial use of the Land.
(c) All improvements, buildings, structures, related amenities and fixtures located on the Land and owned by Highwoods including, without limitation, that warehouse building containing approximately 89,600 square feet (hereinafter referred to as the “Building”), any and all other buildings, structures and amenities currently located on the Land, all fixtures, apparatus, equipment, vaults, machinery and built-in appliances used in connection with the operation and occupancy of the Land such as heating and air conditioning systems, electrical systems, plumbing systems, sprinkler and other fire protection and life safety systems, refrigeration, ventilation, or other facilities or services on the Land (all of which are together hereinafter called the “Improvements”).
(d) Except as hereinafter set forth, all personal property to be described on Exhibit B pursuant to Section 4(b) hereof located on or in or used exclusively in connection with the Land and Improvements and owned by Highwoods and used or usable in the operation of the Property (as defined below) including, without limitation, fittings, appliances, shades, furniture, furnishings, and other furnishings or items of personal property used or usable in connection with the Building’s HVAC systems, but excluding all personal property located on the Land or in the Building owned by the tenant thereof or contractors who provide service to the Building or is not otherwise owned by Highwoods (hereinafter called the “Personal Property”). Notwithstanding the above, the Personal Property being purchased hereby shall not include those items of Personal Property described on Exhibit B-1, attached hereto and incorporated herein by reference. After the date of this Agreement, Highwoods shall...
DESCRIPTION OF SUBJECT PROPERTY. This Agreement vests laws applicable to development of the Project on the Subject Property, as more particularly described and depicted in attached Exhibit A and Exhibit C.
DESCRIPTION OF SUBJECT PROPERTY. The property that is the subject of this Agreement (collectively, the "Subject Property") consists of (i) the business goodwill from operations located in Texas and (ii) the Louisiana Facilities, which more specifically include the following:
(a) the real property held in fee related to the Louisiana Facilities and any and all appurtenant surface leases, easements, rights of way, permits and licenses that grant real property rights, and other interests in real property in which Seller has an interest servicing, benefiting and/or pertaining to the real property held in fee described in Exhibit A, and any and all buildings, structures, fixtures and other real property improvements situated on the real property held in fee described on Exhibit A;
(b) the personal property, including, without limitation, the facilities, pipelines, equipment and other personal property currently used in the operation, repair and maintenance of the Louisiana Facilities and situated thereon in which Seller has an interest, and, any and all piping, valves, fittings, meters, tanks, pumps and other engineering works situated at the Louisiana Facilities and appurtenant equipment and facilities, including, but not limited to, terminal delivery lines in which Seller has an interest, described in Exhibit B;
(c) all programs, applications and computer software systems (with the source code, the object code and all related documentation for such programs, applications and computer software systems) thereto used by Seller in the operation of the Seller's business related to the Louisiana Facilities, to the extent identified as assignable and transferable in Exhibit B;
(d) all policy, procedure, operation, safety and/or training manuals related to Seller's operation of the Seller's business and the Louisiana Facilities;
(e) all right, title and interest associated with the Assigned Real Property Interests, which are described in Exhibit C together with all of Seller's original records related to said Assigned Real Property Interests;
(f) all right, title and interest associated with the Assigned Permits, to the extent identified as assignable and transferable in Exhibit D; and
(g) all goodwill associated with the business of the Seller. The Subject Property specifically excludes the Retained Matters, all bottom sediment and water ("BS&W"), Products and Crude Oil Inventories and all contract rights of Seller with respect to the purchase or sale of such Products and Crude Oil Inventories.
DESCRIPTION OF SUBJECT PROPERTY. Exhibit A to Amended and Restated Mortgage with Absolute Assignment of Leases and Rents, Security Agreement and Fixture Filing executed by KBSII National City Tower, LLC, a Delaware limited liability company, as Mortgagor to Wells Fa▇▇▇ ▇ank, National Association, acting as Administrative Agent for certain lenders, as Mortgagee, dated as of January 27, 2011. All the certain real property located in the County of Jefferson, Commonwealth of Kentucky, described as follows: Parcel I (Fee Parcel): Beginning at the Northeast corner of Fifth and Market Streets; thence along the Northerly line of Market Street South 81 degrees 12 minutes 52 seconds East 105 feet; thence North 8 degrees 46 minutes 38 seconds East 161.03 feet; thence South 81 degrees 08 minutes 37 seconds East 11.05 feet; thence North 8 degrees 51 minutes 23 seconds East 44 feet; thence South 81 degrees 08 minutes 37 seconds East 93.95 feet to the center line of an alley closed in Action No. CR-143,089, Jefferson Circuit Court; thence Northwardly with the center line of said closed alley 216 feet to its intersection with the Southerly line of Main Street; thence along the Southerly line of Main Str▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇ 08 minutes 37 seconds West 210 feet to the Southeast corner of Fifth and Main Streets; thence along the Easterly line of Fifth Street South 8 degrees 46 minutes 38 seconds West 421.16 feet to the beginning. Tax ID: 03-014E-0261-0000 Parcel II (Fee Parcel): BEGINNING in the Southerly line of Main Street at its intersection with the center line of an alley running between Market and Main Streets in the block bounded on the West by Fifth Street and on the East by Fourth Street, said alley having been closed in Action No. CR-143,0▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇; ▇▇▇▇▇▇ along the center line of said closed alley South 8 degrees 53 minutes 6 seconds West 235.41 feet, more or less, to its intersection with the Northerly line extended of the property conveyed to Greater Louisville First Federal Savings and Loan Association by deed of record in Deed Book 3745, Page 522 in the Office of the Clerk of Jefferson County, Kentucky; thence with the Northerly line of the property conveyed to Greater Louisville First Federal Savings and Loan Association, and same extended, South 81 degrees 12 minutes 22 seconds East 189.82 feet, more or less, to a point 20 feet West of Fourth Street; thence along a line 20 feet West of Fourth Street North 8 degrees 56 minutes 13 seconds East 235.20 feet, more or less, to th...
DESCRIPTION OF SUBJECT PROPERTY. Exhibit A to Mortgage with Absolute Assignment of Leases and Rents, Security Agreement and Fixture Filing executed by KBSII MOUNTAIN VIEW, LLC, a Delaware limited liability, as Mortgagor, for the benefit of ▇▇▇▇▇ FARGO BANK, NATIONAL ASSOCIATION, as administrative agent for itself and certain other lenders, as Mortgagee, dated as of April 30, 2010. All that certain tract or parcel of land and premises, situate, lying and being in the Township of Bernards, County of Somerset, State of New Jersey, more particularly described as follows: Being known and designated as Lot 59.05 in Block 187 on a certain Map entitled “Final Plat, Section One, Mountainview Corporate Center, Lot 59.01, Block 187, filed in the Somerset County Clerk’s Office on June 11, 2003 as Map No. 5386-3226. Parcel One being also described in accordance with a survey made by ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, NJPLS of ▇▇▇▇▇▇ Associates, dated April 17, 2008, revised to June 23, 2008 as follows: Beginning at a point in the southerly line of Lot 5 Block 11301 also known as Mountain View Boulevard, a private road, said point being located a distance of 1068.21 feet along the southerly line of Lot 5 Block 11301, Mountain View Boulevard, from the intersection of the westerly line of Liberty Corner - Martinsville Road with the southerly line of Lot 59.01 Block 187, Mountain View Boulevard and from said point running;
DESCRIPTION OF SUBJECT PROPERTY. The property now owned by Seller which is the subject of this Agreement is as follows: All those certain lots or parcels of land located in Berkeley County, South Carolina, bearing Berkeley County Tax Map Numbers ▇▇▇-▇▇-▇▇-▇▇▇, ▇▇▇-▇▇-▇▇-▇▇▇, 275-00- 00-299, ▇▇▇-▇▇-▇▇-▇▇▇, ▇▇▇-▇▇-▇▇-▇▇▇, ▇▇▇-▇▇-▇▇-▇▇▇, ▇▇▇-▇▇-▇▇-▇▇▇, and 275-00-00- 305, all as more particularly depicted on Exhibit A attached hereto and made a part hereof by reference (“Land”).
a. All rights, privileges, and easements appurtenant to the Land, including all rights of view, light and air, water rights, development rights, easement rights, rights of way, roadways, parking areas, roadbeds, alleyways and reversions or other appurtenances used in connection with the beneficial use of the Land, provided, however, the foregoing shall not imply the transfer of any rights over, or related to, any adjacent tracts retained by Seller which are not part of the Land, or the right to use any existing or future curb cut located on tracts retained by Seller.
b. All improvements, if any, on or within the Land. All of the items described in Subparagraphs (a) and (b) above are hereinafter collectively called the “Property.” Buyer will grant a non-exclusive appurtenant easement over portions of the Property for the benefit of the parcel bearing TMS No. ▇▇▇-▇▇-▇▇-▇▇▇, currently owned by Seller, to provide ingress and egress as well as the right to run utilities for the benefit of such parcel.