Coach 2013 Annual Report Download - page 501

13. Representations and Warranties.
(i) In addition to the representations and warranties contained in Section 8(a) of the Agreement, Optionor represents and warrants to
Optionee as of each Purchase Closing Date (each a “ Representation” and collectively, the “Representations”) that:
(a) There are no Leases affecting the Premises or any portion thereof in effect as of the Purchase Closing Date.
(b) Optionor has not (A) made a general assignment for the benefit of its creditors, (B) admitted in writing its inability to
pay its debts as they mature, (C) had an attachment, execution or other judicial seizure of any property interest which remains in effect, or (D) taken, failed to
take or submitted to any action indicating a general inability to meet its financial obligations as they accrue. There is not pending any case, proceeding or other
action seeking reorganization, arrangement, adjustment, liquidation, dissolution or recomposition of Optionor or any of its debts under any law relating to
bankruptcy, insolvency, reorganization or relief of debtors, seeking appointment of a receiver, trustee, custodian or other similar official for any of them or for
all or any substantial part of its or their property.
(c) Any collective bargaining agreements that affect or relate to the Premises are between Optionor or the Condominium
Board and the particular union and apply to the entire Condominium, of which the Premises are a part. Optionee shall have no obligation to assume any such
collective bargaining agreement, except to the extent of its Common Charge obligations or other obligations generally applicable to all unit owners in the
Condominium.
(d) All building service and maintenance employees who work at the Condominium, of which the Premises are a part, are
and shall remain employed by the Condominium Board or its managing agent on its behalf.
(e) There are no condemnation or eminent domain proceedings as to which Optionor has received written notice, or to
Optionor’s knowledge, threatened in writing against the Premises or any portion thereof.
(f) There is no contract or agreement for management or leasing of the Premises or any portion thereof which will be
binding on Optionee as of the Purchase Closing Date.
(g) Optionor has not granted any person or entity any oral or written right, agreement or option to acquire all or any portion
of the Premises.
(h) Except as disclosed to Optionee in writing, Optionor has not received written notice from any governmental authority
of any violation of any Environmental Laws at the Premises which violation remains uncured.
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