Common use of Transmitter Site Clause in Contracts

Transmitter Site. (a) As of the Closing, Seller will have valid, binding and enforceable leasehold interests, which are (except as disclosed in the Assumed Contract) free and clear of liens, claims, encumbrances, subleases or other restrictions, in and to the Transmitter Site. (b) Seller has not received any notice of, and has no knowledge of, any material violation of any zoning, building, health, fire, water use or similar statute, ordinance, law, regulation or code in connection with the Transmitter Site. To the knowledge of Seller, no fact or condition exists which would result in the termination or impairment of access of the Station to the Transmitter Site or discontinuation of necessary sewer, water, electrical, gas, telephone or other utilities or services. (c) To Seller's knowledge, (i) no hazardous or toxic material (as hereinafter defined) exists in any structure located on, or exists on or under the surface of, the Transmitter Site which is, in any case, in material violation by Seller of applicable environmental law; (ii) no portion of the Transmitter Site has been used by Seller as a landfill or for storage or landfill of hazardous or toxic materials; and (iii) there are not any underground storage tanks that have been installed by Seller at or removed by Seller from the Transmitter Site. For purposes of this Section, "hazardous or toxic material" shall mean waste, substance, materials, smoke, gas or particulate matter designated as hazardous, toxic or dangerous under any environmental law. For purposes of this Section, "environmental law" shall include the Comprehensive Environmental Response Compensation and Liability Act, the Clean Air Act, the Clean Water Act and any other applicable federal, state or local environmental, health or safety law, rule or regulation relating to or imposing liability or standards concerning or in connection with hazardous, toxic or dangerous waste, substance, materials, smoke, gas or particulate matter.

Appears in 1 contract

Sources: Asset Purchase Agreement (Hispanic Broadcasting Corp)

Transmitter Site. (a) As of the Closing, Seller will have has a valid, binding and enforceable leasehold interestsinterest, which are is (except as disclosed in the Assumed ContractTransmitter Site Lease relating thereto) free and clear of liens, claims, encumbrances, subleases or other restrictions, in and to the transmitter site from which the Station's signal is broadcast, and the buildings, structures and improvements situated thereon (the "Transmitter Site"). A true, complete and correct copy of the lease evidencing such interest (the "Transmitter Site Lease") has been furnished to Purchaser. Neither Seller nor, to Seller's knowledge, any other party is in default under the Transmitter Site Lease and no notice of termination or default has been given. (b) Except as set forth in Schedule V, Seller has not received any notice of, and has no knowledge of, any material violation of any zoning, building, health, fire, water use or similar statute, ordinance, law, regulation or code in connection with the Transmitter Site. To the knowledge of SellerSeller and Shareholder, except as set forth on Schedule V, no fact or condition exists which would result in the termination or impairment of access of the Station to the Transmitter Site or discontinuation of necessary sewer, water, electrical, gas, telephone or other utilities or services. (c) To Seller's and Shareholder's knowledge, (i) no hazardous or toxic material (as hereinafter defined) exists in any structure located on, or exists on or under the surface of, the Transmitter Site which is, in any case, in material violation by Seller of applicable environmental law; (ii) no portion of the Transmitter Site has been used by Seller as a landfill or for storage or landfill of hazardous or toxic materials; and (iii) there are not any underground storage tanks that have been installed by Seller at or removed by Seller from the Transmitter Site. For purposes of this Section, "hazardous or toxic material" shall mean waste, substance, materials, smoke, gas or particulate matter designated as hazardous, toxic or dangerous under any environmental law. For purposes of this Section, "environmental law" shall include the Comprehensive Environmental Response Compensation and Liability Act, the Clean Air Act, the Clean Water Act and any other applicable federal, state or local environmental, health or safety law, rule or regulation relating to or imposing liability or standards concerning or in connection with hazardous, toxic or dangerous waste, substance, materials, smoke, gas or particulate matter.

Appears in 1 contract

Sources: Asset Purchase Agreement (Heftel Broadcasting Corp)