Common use of Assets Other than Real Property Interests Clause in Contracts

Assets Other than Real Property Interests. (a) NMD has good and valid title to all Assets (other than real property, which is the subject of Section 4.11), free and clear of all Liens except (i) such as are set forth in Schedule 4.10, (ii) carriers’, warehousemen’s, mechanics’, landlords’, materialmen’s, repairmen’s or other like Liens arising or incurred in the ordinary course of business relating to amounts not yet due and payable or being contested in good faith by appropriate procedures as to which adequate reserves, if any, have been established, Liens arising under original purchase price conditional sales contracts and equipment leases with third parties entered into in the ordinary course of business and Liens for Taxes that are not due and payable or that may thereafter be paid without penalty, (iii) other imperfections of title or encumbrances, if any, that would not, individually or in the aggregate, materially interfere, or reasonably be expected to materially interfere, with the ordinary operation of the Assets and (iv) Liens created by the Partnership or its successors and assigns (the Liens described in clauses (i), (ii), (iii), and (iv) above are referred to herein collectively as “Permitted Liens”).

Assets Other than Real Property Interests. (a) NMD has Seller and/or Seller Subs have good and valid title to all Assets (other than real propertythe Acquired Assets, which is the subject of Section 4.11), in each case free and clear of all Liens mortgages, liens, security interests, charges, easements, leases, subleases, covenants, rights of way, options, restrictions or encumbrances of any kind (collectively, "Liens"), except (i) such as are set forth in Schedule 4.103.05, (ii) mechanics', carriers’', warehousemen’s, mechanics’, landlords’, materialmen’sworkmen's, repairmen’s 's or other like Liens arising or incurred in the ordinary course of business relating to amounts not yet due and payable or being contested in good faith by appropriate procedures as to which adequate reservesbusiness, if any, have been established, (iii) Liens arising under original purchase price conditional sales contracts and equipment leases with third parties entered into in the ordinary course of business and business, (iv) Liens for Taxes that are not due and payable or that may thereafter be paid without penalty, and (iiiv) other imperfections of title or encumbrances, if any, that would notdo not and are not reasonably likely to, individually or in the aggregate, materially interfere, or reasonably be expected to materially interfere, with impair the ordinary continued use and operation of the Assets and (iv) Liens created by assets to which they relate in the Partnership or its successors and assigns conduct of the Businesses as presently conducted (the Liens described above, together with the Liens referred to in clauses (i)b) through (f) of Section 3.06, (ii), (iii), and (iv) above are referred to herein collectively as “"Permitted Liens”").