Common use of Good Title to Property Clause in Contracts

Good Title to Property. The Company and its subsidiaries have good and marketable title in fee simple to all real property and good and marketable title to all personal property owned by them which is material to the business of the Company and its Subsidiaries, in each case free and clear of all liens, encumbrances and defects, except as described in the Registration Statement and the Prospectus or which do not materially affect the value of the property and do not materially interfere with the use made and proposed to be made of the property by the Company and any of its subsidiaries. Any real property and facilities held under lease by the Company and any of its subsidiaries are held by them under valid, subsisting and enforceable leases with the exceptions as are not material and do not interfere materially with the use made and proposed to be made of the property and buildings by the Company and its subsidiaries.

Appears in 4 contracts

Samples: At Market Issuance Sales Agreement (Adcare Health Systems, Inc), At Market Issuance Sales Agreement (Adcare Health Systems, Inc), At Market Issuance Sales Agreement (Adcare Health Systems, Inc)

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Good Title to Property. The Company and each of its subsidiaries have has good and marketable title in fee simple to all real property and good and marketable valid title to all personal property (real and personal) described in the Disclosure Package and the Offering Memorandum as being owned by them which is material to the business of the Company and its Subsidiariesit, in each case free and clear of all liens, claims, security interests or other encumbrances and defects, except (i) such as are described in the Registration Statement Disclosure Package and the Prospectus Offering Memorandum or which (ii) such as are not materially burdensome and do not materially affect have or will not result in a Material Adverse Effect to the value use of the property and do not materially interfere with or the use made and proposed to be made conduct of the business of the Company. All property by the Company (real and any of its subsidiaries. Any real property and facilities personal) held under lease by the Company and any of its subsidiaries are is held by them it under valid, subsisting and enforceable leases with the only such exceptions as in the aggregate are not material materially burdensome and do not interfere materially with have or result in a Material Adverse Effect to the use made and proposed to be made of the property and buildings by or the Company and its subsidiariesconduct of the business of the Company.

Appears in 2 contracts

Samples: Purchase Agreement (Applied Optoelectronics, Inc.), Purchase Agreement (Applied Optoelectronics, Inc.)

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