Improvements, Fixtures and Equipment. The improvements constructed on the Facilities, including, without limitation, all Leasehold Improvements, and all Fixtures and Equipment and other tangible assets owned, leased or used by the Company at the Facilities are (i) insured to the extent set forth in DISCLOSURE SCHEDULE 4.19, (ii) structurally sound with no material defects, (iii) in good operating condition and repair, subject to ordinary wear and tear, (iv) not in need of maintenance, repair or correction except for ordinary or routine maintenance, correction, or repair, the cost of which could not reasonably be expected to be material, (v) sufficient for the operation of the business of the Company as presently conducted and (vi) in conformity with all applicable Regulations.
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Sources: Merger Agreement (Brush Creek Mining & Development Co Inc)
Improvements, Fixtures and Equipment. The improvements ------------------------------------ constructed on the Facilities, including, without limitation, all Leasehold Improvementsleasehold improvements, and all Fixtures fixtures and Equipment equipment and other tangible assets owned, leased or used by the Company at the Facilities are (i) insured in accordance with the policies previously provided to the extent set forth in DISCLOSURE SCHEDULE 4.19HDA or its representatives, (ii) structurally sound with no known material defects, (iii) in good operating condition and repair, subject to ordinary wear and tear, (iv) not in need of maintenance, repair or correction except for ordinary or routine maintenance, correction, or maintenance and repair, the cost of which could not reasonably be expected to be material, (v) sufficient for the operation of the business of the Company as presently conducted and (vi) in conformity with all applicable Regulationsregulations.
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Improvements, Fixtures and Equipment. The improvements ------------------------------------ constructed on the Facilities, including, without limitation, all Leasehold Improvementsleasehold improvements, and all Fixtures fixtures and Equipment equipment and other tangible assets owned, leased or used by the Company at the Facilities are (i) insured to the extent set forth and in DISCLOSURE SCHEDULE 4.19a manner customary in the industry, (ii) structurally sound with no known material defects, (iii) in good operating condition and repair, subject to ordinary wear and tear, (iv) not in need of maintenance, repair or correction except for ordinary or routine maintenance, correction, or maintenance and repair, the cost and scope of which could not reasonably be expected to be materialis consistent with past practice, (v) sufficient for the operation of the business of the Company as presently conducted and (vi) in conformity with all applicable Regulationsregulations.
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