Common use of Tangible Assets Clause in Contracts

Tangible Assets. The Company and its Subsidiaries own or lease all buildings, machinery, equipment, and other tangible assets necessary for the conduct of their respective businesses as presently conducted. Each such tangible asset has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used.

Appears in 3 contracts

Sources: Stock Purchase Agreement (Imation Corp), Preferred Unit Purchase Agreement (Elandia International Inc.), Preferred Unit Purchase Agreement (Elandia International Inc.)

Tangible Assets. The Company and its Subsidiaries own or lease all buildingstangible assets, machineryif any, equipment, and other tangible assets necessary for the conduct of their respective businesses as presently conducted. Each such tangible asset is free from material defects, has been maintained in accordance with normal industry practice, practice and is in good operating condition and repair, other than where such defects or the failures to have been so maintained or to be in such condition and repair (subject would not individually or in the aggregate reasonably be expected to normal wear and tear), and is suitable for the purposes for which it presently is usedhave a Material Adverse Effect.

Appears in 3 contracts

Sources: Merger Agreement (Brookfield Asset Management Inc.), Merger Agreement (Crystal River Capital, Inc.), Merger Agreement (Criimi Mae Inc)

Tangible Assets. The Company and its Subsidiaries own or lease all buildingstangible assets, machineryif any, equipment, and other tangible assets necessary for the conduct of their respective businesses as presently conducted. Each such tangible asset is free from material defects, has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it is presently is used, other than where the failures or defects would not, individually or in the aggregate have a Material Adverse Effect on the Company.

Appears in 3 contracts

Sources: Investment Agreement (Brascan Corp/), Investment Agreement (Criimi Mae Inc), Investment Agreement (Criimi Mae Inc)

Tangible Assets. The Company and its Subsidiaries own owns or lease leases all buildings, machinery, equipment, and other tangible assets necessary for the conduct of their respective businesses as presently conducted and as presently proposed to be conducted. Each such tangible asset is free from defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used and presently is proposed to be used.

Appears in 3 contracts

Sources: Stock Purchase Agreement (CHDT Corp), Merger Agreement (Grace Development Inc), Merger Agreement (Grace Development Inc)

Tangible Assets. The Company and its Subsidiaries Subsidiary own or lease all buildings, machinery, equipment, and other tangible assets necessary for the conduct of their respective businesses as presently conducted. Each such tangible asset is free from defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used.

Appears in 2 contracts

Sources: Stock Purchase Agreement (Jpe Inc), Merger Agreement (Rainbow Technologies Inc)

Tangible Assets. The Company and its the Company Subsidiaries own or lease all buildings, machinery, equipment, and other tangible assets necessary for the conduct of their respective businesses as presently conductedconducted as of the date of this Agreement. Each such tangible asset is free from material defects (patent and latent), has been maintained substantially in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is usedused as of the date of this Agreement.

Appears in 2 contracts

Sources: Purchase and Sale Agreement (Volcom Inc), Purchase and Sale Agreement (Volcom Inc)

Tangible Assets. The Company and its Subsidiaries own owns or lease leases all buildings, machinery, equipment, and other tangible assets necessary for the conduct of their respective businesses its business as presently conducted. Each To the Company's knowledge, each such tangible asset is free from defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used.

Appears in 2 contracts

Sources: Merger Agreement (Xpedior Inc), Merger Agreement (Corestaff Inc)

Tangible Assets. The Company and its Subsidiaries own or lease all buildings, machinery, equipment, and other tangible assets necessary for the conduct of their respective businesses as presently conducted and as presently proposed to be conducted. Each such tangible asset is free from defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used and presently is proposed to be used.

Appears in 2 contracts

Sources: Stock Purchase Agreement (Penn Treaty American Corp), Stock Purchase Agreement (Penn Treaty American Corp)

Tangible Assets. The Company and its Subsidiaries own each Subsidiary owns or lease leases all buildingspremises, machinery, equipment, and other tangible assets necessary for the conduct of their respective businesses its business as presently conducted and as presently proposed to be conducted. Each such tangible asset is free from defects, has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used and presently is proposed to be used.

Appears in 2 contracts

Sources: Stock Purchase Agreement (Fields MRS Original Cookies Inc), Stock Purchase Agreement (Pretzel Time Inc)

Tangible Assets. The Company and its Subsidiaries own owns or lease leases all buildings, machinery, equipment, and other tangible assets necessary for the conduct of their respective businesses the business as presently conducted or as proposed to be conducted. Each such tangible asset is free from defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is usedused currently. The Intellectual Property is not subject, also after the completion of the transaction contemplated in this Agreement, to any constraints or limitations.

Appears in 2 contracts

Sources: Acquisition and Stock Purchase Agreement (Synergy Empire LTD), Acquisition and Stock Purchase Agreement (Synergy Empire LTD)

Tangible Assets. The Each Company and its Subsidiaries own owns or lease leases all buildingsbuildings , machinery, equipment, equipment and other tangible assets necessary for the conduct of their respective businesses its business as presently conducted. Each such tangible asset is free from material defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used. Schedule 5.15 sets forth a list of all material items of tangible assets of each Company.

Appears in 1 contract

Sources: Stock Purchase Agreement (Spectrasite Holdings Inc)

Tangible Assets. The Company and its Subsidiaries own owns, leases or lease licenses all buildings, machinery, equipment, and other tangible assets and System necessary for the conduct of their respective its businesses as presently conducted and as presently proposed to be conducted. Each To the knowledge of Seller, each such tangible asset or System is free from defects (patent and latent), has been maintained in accordance with manufacturer guidelines and normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used and presently is proposed to be used.

Appears in 1 contract

Sources: Stock Purchase Agreement (Full House Resorts Inc)

Tangible Assets. The Company and its Subsidiaries own owns or lease leases all buildings, machinery, equipment, and other tangible assets necessary for the conduct of their respective businesses its business as presently conducted and as presently proposed to be conducted). Each To the Knowledge of the Seller and the directors and officers of the Company, each such tangible asset has been maintained in accordance with normal industry practice, practice and is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used.

Appears in 1 contract

Sources: Stock Purchase Agreement (D & K Healthcare Resources Inc)

Tangible Assets. The Company and its Subsidiaries own owns or lease leases all buildings, machinery, equipment, and other tangible assets that the Company deems necessary for the conduct of their respective businesses its business as presently conducted. Each such tangible asset is free from defects (patent and latent), has been maintained in accordance with normal industry practice, and is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used.

Appears in 1 contract

Sources: Stock Purchase Agreement (Glacier Corp)

Tangible Assets. The Company and its Subsidiaries own owns or lease leases all buildings, machinery, --------------- equipment, and other tangible assets necessary for the conduct of their respective its businesses as presently conducted and as presently proposed to be conducted. Each such tangible asset is free from defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used and presently is proposed to be used.

Appears in 1 contract

Sources: Stock Purchase Agreement (Argosy Education Group Inc)

Tangible Assets. The Company and its Subsidiaries own Each of the Companies owns or lease leases all buildings, machinery, equipment, and other tangible assets assets, as applicable, necessary for the conduct of their respective businesses as presently conducted and as presently proposed to be conducted. Each such tangible asset is free from defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used and presently is proposed to be used.

Appears in 1 contract

Sources: Stock Purchase Agreement (Cemtrex Inc)

Tangible Assets. The Company and its Subsidiaries own or lease all buildings, Improvements, machinery, equipment, and other tangible assets necessary for the conduct of their respective businesses business as presently conducted. Each Any such material tangible asset has been maintained is free from any material defects (patent and latent) and in accordance with normal industry practice, all material respects is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used.

Appears in 1 contract

Sources: Merger Agreement (Argo Tech Corp)

Tangible Assets. The Company and its Subsidiaries own owns or lease leases all buildings, machinery, equipment, and other tangible assets necessary for the conduct of their respective businesses the Business as presently conducted. Each such tangible asset is free from defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used and presently is proposed to be used. The Company will need to acquire additional machinery, equipment and other tangible assets to operate the Business as presently proposed to be conducted.

Appears in 1 contract

Sources: Membership Interest Purchase and Exchange Agreement

Tangible Assets. The Company and its Subsidiaries Each of the Companies own or lease leases all buildings, machinery, equipment, and other tangible assets necessary for the conduct of their respective businesses business as presently conducted and as presently proposed to be conducted. Each such tangible asset is free from material defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used.

Appears in 1 contract

Sources: Equity Purchase Agreement (Marinemax Inc)

Tangible Assets. The Company and its Subsidiaries own owns or lease leases all buildings, machinery, equipment, and other tangible assets necessary for the conduct of their respective its businesses as presently conducted and as presently proposed to be conducted. Each such tangible asset is free from defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used and presently is proposed to be used, except for assets surplus to reasonable business needs of the Company.

Appears in 1 contract

Sources: Stock Purchase Agreement (Advanced Communication Systems Inc)

Tangible Assets. The Company and its Subsidiaries own or lease all buildings, machinery, equipment, and other tangible assets necessary for the conduct of their respective businesses the Business as presently conducted. Each such tangible asset is free from any known material defects, has been maintained in accordance with normal industry practice, is in good normal operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used.. (o)

Appears in 1 contract

Sources: Stock Purchase Agreement (Roper Industries Inc /De/)

Tangible Assets. The Company and its Subsidiaries own owns or lease leases all buildings, machinery, equipment, and other tangible assets necessary for the conduct of their respective its businesses as presently conducted and as presently proposed to be conducted. Each such tangible asset is free from defects (patent and, to the Seller's Knowledge, latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used and presently is proposed to be used.

Appears in 1 contract

Sources: Stock Purchase Agreement (Advanced Communication Systems Inc)

Tangible Assets. The Company and its Subsidiaries own or lease all buildings, machinery, equipment, and other tangible assets that the Company and its Subsidiaries own and lease include all tangible assets necessary for the Company and its Subsidiaries to conduct of their respective businesses as presently conducted. Each such tangible asset has , are suitable for the purposes for which they are presently used, are free from material defects (patent and latent), have been maintained in accordance with normal industry practice, is are in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is usedare free and clear of all Security Interests.

Appears in 1 contract

Sources: Merger Purchase Agreement (Rexall Sundown Inc)

Tangible Assets. The Company and its Subsidiaries own owns or lease leases all buildings, machinery, equipment, and other tangible assets necessary in all material respects for the conduct of their respective businesses its business as presently conducted. Each Except as set forth in Section 4.14 of the Company Disclosure Schedule, each such tangible asset is free from material defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used.

Appears in 1 contract

Sources: Merger Agreement (Dynamicweb Enterprises Inc)

Tangible Assets. The Company and its Subsidiaries own owns or lease leases all buildings, machinery, equipment, equipment and other tangible assets reasonably necessary for the conduct of their respective businesses its business as presently conducted. Each such The tangible asset has been maintained in accordance with normal industry practiceassets of the Company, is taken as a whole, are in good operating condition and repair (subject to normal wear and tear), and is are suitable for the purposes for which it they presently is are used.

Appears in 1 contract

Sources: Merger Agreement (Lawson Software, Inc.)

Tangible Assets. The Company and its Subsidiaries own owns or lease leases all buildings, machinery, equipment, and other tangible assets --------------- necessary for the conduct of their respective businesses its business as presently conducted. Each such tangible asset is free from defects, has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), ) and is suitable for the purposes for which it presently is used. No asset of the Company (tangible or intangible) is subject to any Security Interest.

Appears in 1 contract

Sources: Stock Purchase Agreement (Linkage Solutions Inc)

Tangible Assets. The Company and its Subsidiaries own owns or lease leases all buildings, machinery, --------------- equipment, vehicles and other tangible assets necessary for the conduct of their respective its businesses as presently conducted and as presently proposed to be conducted. Each such tangible asset is free from defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used and presently is proposed to be used.

Appears in 1 contract

Sources: Stock Purchase Agreement (Southwest Water Co)

Tangible Assets. The Company and its Subsidiaries own owns or lease leases all buildings, machinery, equipment, equipment and other tangible assets necessary for the conduct of their respective businesses its business as presently conducted. Each such tangible asset is free from material defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used. Schedule 5.15 sets forth a list of all material items of tangible assets of the Company, including the location thereof.

Appears in 1 contract

Sources: Merger Agreement (Spectrasite Holdings Inc)

Tangible Assets. The Company and its Subsidiaries own owns or lease leases all buildingsoffice space, machinery, equipment, and other tangible assets necessary for the conduct of their respective businesses its business as presently conducted and as presently proposed to be conducted. Each To the Knowledge of Seller, each such tangible asset is free from defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used and presently is proposed to be used.

Appears in 1 contract

Sources: Stock Purchase Agreement (Issuer Direct Corp)

Tangible Assets. The Company and its Subsidiaries own owns or lease leases all buildingspremises, machinery, equipment, and other tangible assets necessary for the conduct of their respective businesses its business as presently conducted and as presently proposed to be conducted. Each To the Knowledge of the Seller, each such tangible asset is free from defects, has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used and presently is proposed to be used.

Appears in 1 contract

Sources: Stock Purchase Agreement (Fields MRS Original Cookies Inc)

Tangible Assets. The Company Companies and its the Subsidiaries own or lease all buildings, machinery, equipment, and other tangible assets necessary for the conduct of their respective businesses the Business as presently conducted. Each To the Knowledge of the Sellers, each such tangible asset is free from defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used.

Appears in 1 contract

Sources: Membership Interest Purchase Agreement (Steakhouse Partners Inc)

Tangible Assets. The Company ▇▇▇▇▇▇ and its Subsidiaries own or lease all buildings, machinery, equipment, and nd other tangible assets necessary for the conduct of their respective businesses as presently conducted and as presently proposed to be conducted. Each such tangible asset is free from defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used and presently is proposed to be used.

Appears in 1 contract

Sources: Agreement and Plan of Merger (Martin Color-Fi Inc)

Tangible Assets. The Company and its Subsidiaries Subsidiary own or lease all buildings, machinery, equipment, and other tangible assets necessary for the conduct of their respective businesses the Business as presently conducted. Each such tangible asset is, to the Knowledge of the Company, free from any material defects, has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and teartear and taking into account its age), and is suitable for the purposes for which it presently is used.

Appears in 1 contract

Sources: Merger Agreement (Roper Industries Inc /De/)

Tangible Assets. The Company and its Subsidiaries own owns or lease leases all buildings, machinery, equipment, and other tangible assets necessary for the conduct of their respective businesses its business as presently conducted. Each such tangible asset is free from defects (patent and latent) and Security Interests, has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used and presently is proposed to be used.

Appears in 1 contract

Sources: Stock Purchase Agreement (Networks Associates Inc/)

Tangible Assets. The Company and its Subsidiaries own owns or lease leases all buildings, machinery, equipment, and other tangible assets necessary for the conduct of their respective businesses its business as presently conducted. Each Except as set forth in Section 4.17 of the Company Disclosure Schedule, each such tangible asset is free from material defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used.

Appears in 1 contract

Sources: Merger Agreement (Dynamicweb Enterprises Inc)

Tangible Assets. The Company and its Subsidiaries Companies own or lease all buildings, machinery, equipment, and other tangible assets necessary for the conduct of their respective businesses as presently conducted. Each To the Seller's knowledge, each such tangible asset is free from defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used. There are no professional appraisals of any material property of the Companies.

Appears in 1 contract

Sources: Purchase Agreement (Manchester Equipment Co Inc)

Tangible Assets. The Company and its Subsidiaries own owns or lease leases all buildings, machinery, equipment, and other tangible assets necessary for the conduct of their respective its businesses as presently conducted. Each such tangible asset is free from material defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used. A defect shall be deemed "material" if the cost of repair or replacement exceeds $5,000.

Appears in 1 contract

Sources: Stock Purchase Agreement (National Vision Associates LTD)

Tangible Assets. The Company owns or leases all tangible, real and its Subsidiaries own or lease all buildings, machinery, equipment, personal property and other tangible assets necessary for the conduct of their respective businesses its business as presently conducted and as presently proposed to be conducted. Each such tangible asset is free from security interests and defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject only to normal wear and tear), and is suitable for the purposes for which it presently is used. The assets of the Company include all assets material to the conduct of the business of the Company as presently conducted.

Appears in 1 contract

Sources: Merger Agreement (Magellan Technology Inc)

Tangible Assets. The Company and its Subsidiaries own owns or lease leases all buildings, machinery, equipment, and other tangible assets necessary required for the conduct of their respective businesses its business as presently conducted. Each such tangible asset asset, except for used equipment held for resale, is free from defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used.

Appears in 1 contract

Sources: Stock Purchase Agreement (Officeland Inc)

Tangible Assets. The Company and its Subsidiaries own owns or lease leases all buildings, machinery, equipment, and other tangible assets necessary for the conduct of their respective businesses the Business as presently conducted. Each such tangible asset is free from any known material defects, has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used.

Appears in 1 contract

Sources: Merger Agreement (Roper Industries Inc /De/)

Tangible Assets. The Company and its Subsidiaries own owns or lease leases all buildings, machinery, equipment, and other tangible assets necessary for the conduct of their respective its businesses as presently currently conducted. Each such tangible asset is free from defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently currently is used.

Appears in 1 contract

Sources: Stock Purchase Agreement (Emerging Alpha Corp)

Tangible Assets. The Company and its Subsidiaries own owns or lease leases all land, buildings, machinery, equipment, and other tangible assets necessary for the conduct of their respective businesses its business as presently conducted. Each such tangible asset asset, has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and tear)and is presumably suitable for the purposes for which it presently is used.

Appears in 1 contract

Sources: Stock Purchase Agreement (Master Graphics Inc)

Tangible Assets. The Company and each of its Subsidiaries own or lease all buildings, machinery, equipment, and other material tangible assets necessary for the conduct of their respective businesses the operations of the Business as presently conducted. Each such tangible asset is free from defects (patent and latent), has been maintained in accordance with normal industry practice, is in good reasonable operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used.

Appears in 1 contract

Sources: Merger Agreement (JWC Acquisition Corp.)

Tangible Assets. The Company and its Subsidiaries own or lease all buildings, machinery, equipment, equipment and other tangible assets necessary for the conduct of their respective businesses business as presently conducted. Each such tangible asset has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), ) and is suitable for the purposes for which it presently is used.

Appears in 1 contract

Sources: Securities Purchase Agreement (Trans1 Inc)

Tangible Assets. The Acquired Company and its Subsidiaries own owns or lease all buildings, machinery, equipment, and other tangible assets necessary for the conduct of their respective businesses Businesses as presently conducted and as presently proposed to be conducted. Each such tangible asset has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is usedused and free from defects (patent and latent). The assets of the Acquired Company at the Closing will be sufficient to permit the Buyer to operate the Business as currently conducted.

Appears in 1 contract

Sources: Securities Purchase Agreement

Tangible Assets. The Company and its Subsidiaries own owns or lease leases all buildings, machinery, equipment, and other tangible assets necessary for the conduct of their respective businesses its Business as presently conducted. Each such tangible asset is free from material defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used.

Appears in 1 contract

Sources: Stock Purchase Agreement (Colorado Medtech Inc)

Tangible Assets. The Company and its Subsidiaries own owns or lease all leases an buildings, machinery, equipment, and other tangible assets necessary for the conduct of their respective businesses its business as presently conducted. Each such tangible asset is free from defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used.

Appears in 1 contract

Sources: Share Purchase Agreement (iQSTEL Inc)

Tangible Assets. The Company and its Subsidiaries own or lease all --------------- buildings, machinery, equipment, and other tangible assets necessary for the conduct of their respective businesses as presently conducted. Each such tangible asset is free from defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used.

Appears in 1 contract

Sources: Agreement and Plan of Reorganization (Therma Wave Inc)

Tangible Assets. The Company and its Subsidiaries own owns or lease leases all buildingstangible assets, machineryif any, equipment, and other tangible assets necessary for the conduct of their respective businesses its business as presently conducted. Each such tangible asset has been maintained in accordance with normal industry practiceis free from material defects, is in good operating condition and repair and has been properly maintained (subject given due account to normal the age and length of use of same, ordinary wear and tear), tear excepted) and is suitable for the purposes for which it is presently is used.

Appears in 1 contract

Sources: Reorganization Agreement (Anchor Glass Container Corp /New)

Tangible Assets. The Company and its Subsidiaries own owns or lease leases all buildings, machinery, equipment, and other tangible assets necessary for the conduct of their respective its businesses as presently conducted and as presently proposed to be conducted. Each such tangible asset is free from Security Interests and defects (patent and latent), has been maintained in accordance with normal industry practice, practice is in good operating condition and repair (subject to normal wear and tear), and and, is suitable for the purposes for which it presently is used.

Appears in 1 contract

Sources: Stock Purchase Agreement (Wade Cook Financial Corp)

Tangible Assets. The Company and its Subsidiaries own owns or lease leases all buildings, machinery, equipment, improvements, furniture, fixtures and other tangible assets necessary for the conduct of their respective its businesses as presently conducted and as presently proposed to be conducted. Each such tangible asset is free from defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used and presently is proposed to be used.

Appears in 1 contract

Sources: Membership Interest Purchase Agreement (Nu Skin Enterprises Inc)

Tangible Assets. The Company and its Subsidiaries own owns or lease leases all buildings, machinery, equipment, equipment and other tangible assets necessary for the conduct of their respective businesses its business as presently conducted. Each such tangible asset is free from defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used.

Appears in 1 contract

Sources: Merger Agreement (Worldport Communications Inc)

Tangible Assets. The Company and its Subsidiaries own owns or lease leases all buildings, machinery, equipment, and other tangible assets necessary for the conduct of their respective its businesses as presently currently conducted. Each such tangible asset has been maintained is in accordance with normal industry practicea good state of maintenance and repair, is free from material defects and in good operating condition and repair (subject to normal wear and tear), ) and is suitable for the purposes for which it presently is used.

Appears in 1 contract

Sources: Merger Agreement (Paradigm Genetics Inc)

Tangible Assets. The Company and its Subsidiaries own owns or lease leases all buildings, material machinery, equipment, and other tangible assets necessary for the conduct of their respective businesses its business as presently conducted. Each such tangible asset actually used is free from defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used, in each case in all material respects.

Appears in 1 contract

Sources: Stock Purchase Agreement (Kforce Inc)

Tangible Assets. The Company and its Subsidiaries own owns or lease leases all buildings, machinery, equipment, and other tangible assets necessary for the conduct of their respective businesses its business as presently conducted. All agreements pursuant to which any such assets are leased are set forth in ss.4(o) of the Disclosure Schedule. Each such material tangible asset is free from defects (patent and latent), has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used.

Appears in 1 contract

Sources: Stock Purchase Agreement (Cas Medical Systems Inc)

Tangible Assets. The Company and its Subsidiaries own owns or lease leases all buildings, machinery, equipment, equipment and other tangible assets necessary for the conduct of their respective businesses the Business as presently conducted. Each Except as disclosed in Schedule 4.8, each such tangible asset is free from material defects, has been maintained substantially in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), ) and is suitable for the purposes for which it presently is used. The Acquired Assets will be sufficient to permit the Purchaser to operate the Business as presently conducted.

Appears in 1 contract

Sources: Asset Purchase Agreement (Jackson Products Inc)

Tangible Assets. The Company ▇▇▇▇▇▇ Group and its Subsidiaries own or lease all buildings, machinery, equipment, and other tangible assets necessary for the conduct of their respective businesses as presently conducted and as presently proposed to be conducted. Each such tangible asset is free from material defects, has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used and presently is proposed to be used.

Appears in 1 contract

Sources: Stock Purchase Agreement (Thermo Terratech Inc)

Tangible Assets. The Company and its Subsidiaries own owns or lease leases all buildingspremises, machinery, equipment, and other tangible assets necessary for the conduct of their respective businesses its business as presently conducted and as presently proposed to be conducted. Each such tangible asset is free from defects, has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear), and is suitable for the purposes for which it presently is used and presently is proposed to be used.

Appears in 1 contract

Sources: Stock Purchase Agreement (Fields MRS Original Cookies Inc)