NTY » Topics » (ddddd) Permitted Assign has the meaning set forth in Section 12.9 hereof.

This excerpt taken from the NTY 8-K filed Sep 29, 2008.

(ddddd)          Permitted Assign” has the meaning set forth in Section 12.9 hereof.

 

(eeeee)           Permitted Encumbrances” means (i) liens for utilities and current Taxes not yet due and payable, (ii) mechanics’, carriers’, workers’, repairers’, materialmen’s, warehousemen’s, lessor’s, landlord’s and other similar liens arising or incurred in the Ordinary Course of Business with respect to which the underlying obligations are not yet due and payable to the extent such liens relate to Assumed Liabilities, (iii) easements, rights of way, restrictive covenants, encroachments and similar encumbrances or impediments against any of the Sellers’ or Non-Seller Entities’ Real Property which do not individually or in the aggregate materially interfere with the Business of any of the Sellers or Non-Seller Entities and which do not individually or in the aggregate materially impair or adversely affect the use or occupancy of such Real Property for the operation of the Business or make the Real Property unmarketable, (iv) applicable zoning Laws, building codes, land use restrictions and other similar restrictions imposed by law or any applicable Law provided the same are not violated by any existing buildings and improvements, and (v) minor irregularities and defects of title which do not individually or in the aggregate materially interfere with the Business of the Sellers or Non-Seller Entities and, in the case of Real Property, which do not individually or in the aggregate materially and adversely impair the use or occupancy of such Real Property for the operation of the Business or cause the Real Property to be unmarketable, (vi) matters that would be disclosed by an accurate survey or inspection of the Real Property which do not individually

 

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