Laserfiche WebLink
(e) Liens for taxes or assessments not yet due or not yet delinquent or, if <br />delinquent, that are being contested by Seller in good faith in the <br />normal course of business; <br />(f) Liens relating to obligations incurred in the ordinary course of <br />business and not yet due or not yet delinquent or, if delinquent, that <br />are being contested by Seller in good faith in the normal course of <br />business; <br />(g) Any other defects which do not materially detract from the ability to <br />own and operate the Properties in the manner owned and operated by <br />Seller. <br />"Properties" means, and only means, all of Seller's title, if any, in the following <br />properties (real, personal or mixed) and rights (contractual or otherwise) unless expressly <br />reserved or excluded herein: <br />a. Real Property. All fee property, rights-of-way, easements, surface use <br />agreements, licenses and leases described on Exhibit C (collectively, the "Real <br />Property Interests"), and all fixtures, buildings and improvements located on such <br />Real Property Interests. <br />b. Permits. All permits, licenses, certificates, orders, approvals, <br />`authorizations, grants, consents, concessions, warrants, franchises and similar <br />rights and privileges 11 granted by a governmental authority that are necessary for, <br />used, or held for use for or in connection with, the ownership, use, operation, <br />maintenance, construction, or installation of the Properties as currently used <br />(collectively, the cop] mits"), buCexcluding any Permits which relate to Seller's, <br />PlanFor which are uied, useful or held for use in connection with the ownership,` <br />operation- or maintenance of Seller's Plant (other than the Spill Prevention and <br />Control and Contamination Plan). <br />y. The personal property listed on' Exhibit D (the <br />C. Personal Propert <br />"Personal Property") which, to Seller's knowledge, is owned exclusively by Seller. <br />d. Books and Records. All contract, land, right of way, title, engineering, <br />environmental, operating and maintenance, accounting, tax, business, marketing, <br />and other data, files, documents, instruments, notes, papers, ledgers, journals, <br />reports, abstracts, surveys, maps, books, records, correspondence, computer <br />databases (excluding software licenses) and studies which primarily relate to the <br />Properties or which are used, useful, or held for use primarily in connection with, <br />the ownership, operation or maintenance of the Properties (collectively, the <br />"Records"), but excluding all books and records which relate to Seller's Plant or <br />which are used, useful or held for use in connection with the ownership, operation <br />GACRM AmSodaPmchaseSaleAgmt6nCumBNAL.doe 4