Common use of Improvements, Fixtures and Equipment Clause in Contracts

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 Seller at the Facilities are (i) insured to the extent and in a 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 routine maintenance and repair, the cost of which would not be material, (v) sufficient for the operation of the Business as presently conducted and (vi) in conformity in all material respects with all applicable Regulations. Seller has previously delivered to Seller a list setting forth a brief description of each item of Equipment, indicating in each case the original book basis thereof, the year of original book basis, the accumulated book depreciation and any Encumbrances to which such Equipment is subject.

Appears in 2 contracts

Sources: Asset Purchase Agreement (Whittaker Corp), Asset Purchase Agreement (Whittaker Corp)