Common use of Lease of Real Property Clause in Contracts

Lease of Real Property. Schedule 3.7 hereto is an accurate, complete, current, and complete list of each lease or sublease of Real Property to which either Seller is a party or by which either Seller may be bound and a description of the Real Property leased thereunder. With respect to each lease or sublease of a Seller described on Schedule 3.7 hereto: (i) the Seller has been in peaceful possession of the property leased thereunder and neither the Sellers nor the landlord (to the knowledge of such Seller) is in default thereunder; (ii) no waiver, indulgence or postponement of any of the Obligations thereunder has been granted by the lessee or lessor thereunder; and (iii) there exists no event, occurrence, condition, or act known to such Seller which upon notice or lapse of time would be or become a default thereunder. No Seller has violated or breached any provision of any such lease or sublease, and all Obligations required to be performed by each Seller under any such lease or sublease have been fully and properly performed. Except as set forth on Schedule 3.7 hereto, no Consent of any Person is required under any such lease or sublease in order for such lease or sublease to continue to be valid and subsisting and entitle Purchaser to come into and remain in possession of the premises demised thereunder after the consummation of the transactions contemplated by this Agreement.

Appears in 1 contract

Sources: Asset Purchase Agreement (Hirel Holdings Inc)

Lease of Real Property. The Transferor does not own and has never owned any Real Property. Schedule 3.7 hereto is an accurate, complete, current, and complete list of each lease or sublease of Real Property to which either Seller the Transferor is a party or by which either Seller the Transferor may be bound and a description of the Real Property leased thereunder. With respect to each lease or sublease of a Seller described on Schedule 3.7 hereto: (i) the Seller Transferor has been in peaceful possession of the property leased thereunder and neither the Sellers Transferor nor the landlord (to the knowledge of such SellerTransferor) is in default thereunder; (ii) no waiver, indulgence or postponement of any of the Obligations thereunder has been granted by the lessee or lessor thereunder; and (iii) there exists no event, occurrence, condition, or act known to such Seller Transferor which upon notice or lapse of time would be or become a default thereunder. No Seller The Transferor has not violated or breached any provision of any such lease or sublease, and all Obligations required to be performed by each Seller the Transferor under any such lease or sublease have been fully and properly performed. Except as set forth on Schedule 3.7 hereto, no Consent of any Person is required under any such lease or sublease in order for such lease or sublease to continue to be valid and subsisting and entitle Purchaser Transferor to come into and remain in possession of the premises demised thereunder after the consummation of the transactions contemplated by this Agreement. At or prior to Closing, the lease of the Real Property shall be amended to provide that the term of the lease shall be for five years, with two five-year renewals in the discretion of the lessee (provided that the lessee is not then in default of the lease), and the lease payments shall increase each year by the lesser of 3% or one-half of the increase for the preceding year in the consumer price index.

Appears in 1 contract

Sources: Plan of Reorganization (Hirel Holdings Inc)

Lease of Real Property. Transferor does not own and has never owned any Real Property. Schedule 3.7 3.9 hereto is an accurate, complete, current, and complete list of each lease or sublease of Real Property to which either Seller Transferor is a party or by which either Seller Transferor may be bound and a description of the Real Property leased thereunder. With respect to each lease or sublease of a Seller described on Schedule 3.7 3.9 hereto: (i) the Seller i)Transferor has been in peaceful possession of the property leased thereunder and neither the Sellers Transferor nor the landlord (to the knowledge of such SellerTransferor) is in default thereunder; (ii) no waiver, indulgence or postponement of any of the Obligations thereunder has been granted by the lessee or lessor thereunder; and (iii) there exists no event, occurrence, condition, or act known to such Seller Transferor which upon notice or lapse of time would be or become a default thereunder. No Seller Transferor has not violated or breached any provision of any such lease or sublease, and all Obligations required to be performed by each Seller Transferor under any such lease or sublease have been fully and properly performed. Except as set forth on Schedule 3.7 3.9 hereto, no Consent of any Person is required under any such lease or sublease in order for such lease or sublease to continue to be valid and subsisting and entitle Purchaser Transferor to come into and remain in possession of the premises demised thereunder after the consummation of the transactions contemplated by this Agreement.

Appears in 1 contract

Sources: Plan of Reorganization (Hirel Holdings Inc)